Köln – In a significant development regarding the Alternative for Germany (AfD) party, the Federal Office for the Protection of the Constitution (BfV) has issued a "Stillhaltezusage," or agreement to suspend action, as part of the AfD's urgent legal challenge against its classification as a "confirmed right-wing extremist endeavor." This announcement was made public by the Cologne Administrative Court on May 8, 2025.
The AfD had filed a lawsuit on May 5, 2025, seeking a temporary injunction against the German federal government, represented by the BfV. The party aimed to prevent the BfV from classifying it as a "confirmed extremist endeavor" and from publicly announcing such a classification.
In a court proceeding on May 8, the BfV stated that, without acknowledging any legal obligation, it would suspend the classification of the AfD as a "confirmed right-wing extremist endeavor" until the court reached a decision on the urgent application. Furthermore, the BfV committed to not publicly refer to the AfD in this manner until the court's ruling and to remove a press release regarding the classification dated May 2, 2025, from its website.
This decision comes on the heels of the BfV's earlier announcement that the AfD had been classified as a "confirmed right-wing extremist" party, a move that had been approved by then-Interior Minister Nancy Faeser (SPD) shortly before her departure from office. The classification had sparked considerable controversy and debate within German political circles.
The AfD's rapid response to this classification was evident, as it filed its legal complaint just three days after the announcement. The lawsuit included a request for interim legal protection and a so-called Hängebeschluss, which would allow for the suspension of the classification without substantive review based solely on a consideration of consequences. Given the previous practices of the Cologne Administrative Court, it was deemed likely that the court would order a suspension of the AfD's classification.
By issuing the "Stillhaltezusage," the BfV preempted the court's potential decision regarding the suspension. The agency indicated that it would revert to treating the AfD as a suspected case until the court decides on the urgent application. Additionally, the BfV deleted the press release regarding the AfD's classification from its website, further distancing itself from the controversial designation.
Despite this retreat, the BfV maintains that its reassessment of the AfD is still "justified" and emphasized that its actions are taken "without acknowledgment of a legal obligation." Nonetheless, this suspension is seen as a favorable outcome for the AfD, allowing it to operate without the stigma of being labeled as a confirmed extremist party.
The implications of this legal maneuver extend beyond the immediate classification of the AfD. The suspension of the classification could influence the political and media landscape surrounding the party. For instance, it may no longer be possible to cite the BfV's classification to exclude AfD politicians from delegation trips, as had recently occurred in the Hessian state parliament.
Furthermore, in political discussions, the ability to label the AfD as an "extremist party" based solely on the BfV's classification has been undermined, shifting the conversation to a more subjective realm where such statements become personal opinions rather than factual assertions supported by the agency's designation.
However, the suspension of the classification is not expected to significantly impact the BfV's surveillance activities regarding the AfD. Monitoring of communications and recruitment of informants can still occur under the auspices of a suspected extremist case, which the BfV has indicated it will continue to pursue.
The urgency for the Cologne judges has also been alleviated due to this suspension. With the immediate pressure on the AfD lifted, the judges can take more time to deliberate and issue their ruling. This is particularly relevant given the complexity of the case, which involves evaluating a comprehensive 1,108-page report from the BfV detailing the extremist tendencies of the AfD.
Legal experts suggest that the court may opt for a thorough examination rather than a cursory review typical of urgent proceedings. Consequently, a final decision regarding the AfD's classification as a "confirmed right-wing extremist endeavor" might not be reached until late 2025 or early 2026.
Interestingly, sources from the RedaktionsNetzwerk Deutschland (RND) indicate that the issuance of the "Stillhaltezusage" was not prompted by the new Interior Minister Alexander Dobrindt (CSU), but rather stemmed from the BfV's established practices. Similar agreements have been made in the past, suggesting that the agency may have taken this step regardless of the political climate or personnel changes within the government.
As the situation unfolds, the political ramifications of this legal battle will likely reverberate throughout Germany's political landscape. The AfD's classification and the ongoing discourse surrounding its extremist label will continue to shape discussions about the party's role and influence in German politics.
