The Bundesamt für Verfassungsschutz (BfV) has temporarily suspended its classification of the Alternative für Deutschland (AfD) as a "gesichert rechtsextremistisch" (confirmed right-wing extremist) party following a lawsuit filed by the party against this designation. This decision, known as a "Stillhaltezusage" (standstill agreement), was announced by the BfV amidst ongoing legal proceedings.
Just three days after the BfV publicly classified the AfD as a "gesichert rechtsextremistische Bestrebung" (confirmed right-wing extremist endeavor) on May 2, 2025, the party took legal action through the Verwaltungsgericht Köln (Cologne Administrative Court). The AfD's 195-page lawsuit requested the court to prohibit the BfV from classifying the party in this manner and from observing it under such a classification.
The BfV's recent statement indicates that it will not publicly refer to the AfD as a confirmed extremist endeavor until the court reaches a decision regarding the summary proceedings. This move has drawn attention as it limits the agency's ability to monitor the party, which has been classified as a "gesichert extremistischer Verdachtsfall" (confirmed extremist suspected case) for years.
In the BfV's initial classification, the agency cited a secret report spanning 1,100 pages that concluded the AfD's prevailing ideology is incompatible with democratic values. The report highlighted a troubling ethnic-descent-based understanding within the party, which the BfV believes justifies its classification.
The BfV’s decision to issue a standstill agreement is not unprecedented; a similar commitment was made in January 2021 when the AfD challenged its classification as a suspected case. However, that lawsuit was ultimately unsuccessful.
After the BfV's recent classification, Alice Weidel and Tino Chrupalla, co-leaders of the AfD, hailed the standstill agreement as a "Teilerfolg" (partial success), asserting it as a significant step towards their exoneration from accusations of extremism. "We are fighting with all legal means against the upgrade by the BfV," they stated in a message shared on social media platform X.
The AfD's legal strategy includes not only the lawsuit but also an urgent application requesting that the court suspend the classification until a final judgment is rendered. The court has granted the BfV a three-week deadline to respond to this application, which could lead to a quicker resolution than the main proceedings, which may take over a year.
Legal experts have weighed in on the implications of the BfV's standstill agreement. Volker Boehme-Neßler, a constitutional law scholar at Carl von Ossietzky University, remarked that while this represents a legal victory for the AfD, it is merely preliminary. The final outcome will depend on the court's ultimate decision, which may take considerable time.
Meanwhile, Markus Ogorek, a constitutional law professor from Cologne, cautioned that the BfV's temporary suspension does not alter its assessment of the AfD. He noted that the agency continues to view the party as a confirmed extremist entity, despite not publicly classifying it as such for the time being.
As the legal battle continues, the BfV retains the authority to monitor the AfD as a suspected case, albeit with higher hurdles for employing intelligence methods. This ongoing observation could still play a crucial role in any future legal actions against the party.
The classification of the AfD as a confirmed extremist party has reignited discussions about the potential for a party ban. However, any such action would fall under the jurisdiction of the Bundesverfassungsgericht (Federal Constitutional Court) rather than the BfV. Only the Bundestag, the Federal Government, or the Bundesrat can initiate a ban, which adds another layer of complexity to the situation.
In summary, the BfV's decision to withdraw its classification of the AfD as a confirmed right-wing extremist party—if only temporarily—marks a significant moment in the ongoing legal and political discourse surrounding the party. As the situation develops, both the AfD and the BfV will be closely monitored, with implications that could resonate throughout the German political landscape.
