Germany: The national Office for the Protection of the Constitution recognises AfD as an organization “highly right”

The national Office for the Protection of the Constitution (Bundesamt für Verfassungssschutz, BfV) present decided to classify the full alternate organization for Germany (AfD) as a "certain right-wing organisation" ("gesichert rechtsextremistisch"). This is the farthest step from the German interior services towards this organization since its inception in 2013.

Until now, only selected regional wings or interior factions were under observation. But now the full formation has been declared a political force whose activity is contrary to the democratic constitutional order of the German national Republic.

In the opinion of the BfV, AfD promotes a imagination of the German people based on cultural origin, with a clear exclusion of people with a migrant background, especially from Muslim countries. The BfV Communication states that this organization is systematically violating the rule of equal dignity of all people and that its political message is contemptible to refugees, migrants and minorities. This position, according to the Authority, is incompatible with the fundamental values of the German Constitution (Grundgesetz), which warrant equality, freedom of religion and the protection of minorities.

This decision opens the way to a wide scope of surveillance instruments. The BfV can now full legally observe the party's activities, wiretap, monitor meetings, track members' activities and recruit informants. Although this is not yet equivalent to the illegalisation of the party, it is simply a very serious informing signal. In order for the organization to be formally banned, an initiative by the national Government, the Bundestag or the Bundesrat and the national Constitutional Court – a complex and politically delicate process – would be necessary.

Reactions from the political class vary. Chancellor Olaf Scholz called for caution and consideration, informing that action against political parties must be carried out under the law and on the basis of solid evidence. As he stressed, all activity of the services must be independent of the current political calculation. The Prime Minister of Lower Saxony, Stephan Weil, of the SPD party, described the decision of the BfV as a "serious step", which could have far-reaching consequences for German democracy. At the same time, he pointed out that it would now be crucial to guarantee that this decision would not be taken as a political attack but as a defence of the Constitution.

AfD rejects charges made by the service. Co-chair of the party, Alice Weidel and Tino Chrupalla, announced that the formation would take legal action to undermine BfV's decision. AfD politicians claim that the office acts with political inspiration and that the classification of the organization as far right is an effort to discredit the legal opposition. In their opinion, organization reflection poses a threat to freedom of speech and pluralism in Germany.

It is worth recalling that respective regional AfD structures have already been considered highly right-wing – including troops in Thuringia, Saxony and Saxony-Anhalt. In 2024, the ultimate Administrative Court in Münster confirmed the legality of BfV's BfV's reflection of AfD, considering that there were adequate legal and substantive grounds for this. This ruling opened the way for further service action towards the full party.

The designation of the full AfD as an extremist organization is simply a breakthrough in German political life. It shows how seriously German institutions treat threats to constitutional order. On the another hand, it raises questions about the state's boundaries towards parties who, despite controversial views, enjoy the support of a large part of the electorate. In the coming months, both political and legal tensions related to this decision can be expected.