The German Federal Office for the Protection of the Constitution (Verfassungsschutz) has temporarily halted its classification of the Alternative for Germany (AfD) party as "definitely right-wing extremist" pending a court decision. This development follows a legal dispute initiated by the AfD, which has expressed satisfaction with the decision, viewing it as a partial victory in their ongoing battle against the intelligence agency's assessment.
On May 2, 2025, former Federal Interior Minister Nancy Faeser announced the classification of the AfD as a right-wing extremist party, a move that sparked significant controversy and concern within the party. The classification was based on a comprehensive report by the Verfassungsschutz, which outlined the party's extremist tendencies, including a prevailing ethnically-based concept of the nation.
In response to the classification, the AfD promptly filed a lawsuit with the Cologne Administrative Court, seeking a standstill commitment that would prevent the Verfassungsschutz from publicly labeling them as extremist until a decision was made regarding their urgent application. On May 8, the Verfassungsschutz agreed to this request, stating it would observe the AfD only as a suspected case and would refrain from using the "definitely right-wing extremist" designation until the court rules.
AfD leaders Alice Weidel and Tino Chrupalla hailed the decision as a significant step towards their vindication. "This is a first important step towards our actual relief and thus to counter the accusation of right-wing extremism," they stated. They emphasized their commitment to fighting the classification with all legal means available.
However, the Verfassungsschutz clarified that this standstill commitment does not reflect a change in its internal assessment of the AfD. According to Kolja Schwartz from the ARD legal editorial team, the agency's decision is procedural and not an acknowledgment of wrongdoing. "It is not an admission that they did something wrong," Schwartz explained. "The agency is merely allowing the court time to review the matter without the consequences of the classification being in the public domain."
The legal proceedings surrounding the AfD's classification as a right-wing extremist party are expected to be lengthy. The Verfassungsschutz has until the end of the week after next to submit its statement to the court, and the actual legal dispute could take months or even years to resolve. The agency's previous classification of the AfD as a suspected case has already been upheld in earlier legal challenges, and the party has faced significant scrutiny since its rise as the second-largest faction in the Bundestag following the federal elections in February.
The AfD's current standing in the INSA Sunday trend is at 24.5 percent, indicating a strong support base that has raised concerns among various political factions. The party's leaders have consistently criticized the Verfassungsschutz, claiming that its actions are politically motivated rather than based on objective assessments.
Alexander Throm, the interior policy spokesman for the CDU, dismissed the AfD's claims of victory, referring to the Verfassungsschutz's decision as a standard procedural move. "This is a completely normal procedure. The court is being given more time to properly examine the situation," Throm stated, characterizing the AfD's reactions as premature and unwarranted.
Despite the temporary halt in the classification, the debate regarding a potential ban on the AfD has resurfaced. Under German law, the Federal Constitutional Court has the authority to decide on such a ban, which could be initiated by the federal government, the Bundestag, or the Bundesrat. Concerns about the party's extremist tendencies have led to discussions about whether it poses a threat to democratic order, a sentiment echoed by various political leaders.
The AfD has faced challenges in the past regarding its classification by the Verfassungsschutz. In January 2021, the agency had similarly issued a standstill commitment after the party challenged its designation as a suspected case. Ultimately, the AfD lost that legal battle, with the Higher Administrative Court of North Rhine-Westphalia confirming the agency's assessment.
As the current legal proceedings unfold, the AfD remains under the watchful eye of the Verfassungsschutz, which retains the ability to monitor the party as a suspected case. This monitoring includes the potential use of intelligence methods, such as surveillance and informants, which are more restricted in the case of a party classified as definitely extremist.
The recent classification and subsequent legal challenges have reignited discussions about the future of the AfD and its role in German politics. As the party continues to assert its position and fight against the accusations of extremism, the outcome of the legal proceedings could have significant implications for its standing and operations moving forward.
In summary, the Verfassungsschutz's decision to temporarily suspend its classification of the AfD as a right-wing extremist party reflects the ongoing legal battles and political tensions surrounding the party. As the court prepares to make its ruling, both the AfD and the Verfassungsschutz are bracing for a protracted legal struggle that could shape the future of the party and its influence in German politics.
