Asger Risom
Despite intelligence services labeling AfD as a confirmed far-right extremist group, Germany’s interior minister says that doesn’t yet justify a ban under constitutional law.
As concerns over rising far-right extremism intensify across Europe, the German government is grappling with renewed calls to ban the Alternative for Germany (AfD) party.
The debate was reignited earlier this month after Germany’s domestic intelligence service reclassified AfD as a “confirmed far-right extremist organization.” But according to Interior Minister Alexander Dobrindt, the legal criteria for an outright ban remain unmet.
Intelligence services increase pressure on AfD
The Federal Office for the Protection of the Constitution (BfV) escalated its designation of AfD from a mere “suspected case” to a verified threat. In its rationale, the agency cited the party’s contempt for human dignity and its alleged threat to democratic values.
The change in status would have allowed for expanded surveillance of AfD, but that classification has now been suspended pending the outcome of a legal challenge filed by the party.
Nonetheless, the move has intensified political discussion in Berlin, with some lawmakers and civil society figures arguing that AfD’s exclusionary rhetoric and institutional ambitions warrant a full ban.
Minister Dobrindt: Evidence doesn’t meet threshold
Speaking on Tuesday, Dobrindt pushed back on the idea of a ban at this stage, noting that the BfV’s report—while serious—only touches on part of the legal criteria needed for action.
“The report deals mainly with whether AfD violates the principle of human dignity,” Dobrindt said, as reported by Digi24.
But in order to ban a political party in Germany, it must not only espouse unconstitutional views but also pursue them actively and pose a credible threat to the democratic state.
According to German constitutional law, the power to outlaw a political party lies solely with the Constitutional Court, and the burden of proof is intentionally high. Past efforts to ban extremist parties—such as the far-right NPD—have failed in court due to insufficient evidence of genuine threats to the state.
As Germany prepares for next year’s elections, the AfD’s growing support continues to polarize public opinion. But for now, any legal move to ban the party appears unlikely to advance without a stronger evidentiary foundation.