Audrey Thronson '23 | AfD Under Investigation for Suspected Violations of Constitution

On March 3, 2021, it was reported that the Federal Office for the Protection of the Constitution (BfV) was placing the right-wing Alternative for Germany (AfD) party under domestic surveillance for violating the Constitution.

What is the AfD? What is the BfV?

The AfD emerged in 2013 in opposition to the bailouts of indebted EU nations, such as Greece and Germany’s adoption of the Euro. Since then, the party has positioned itself as anti-immigrant and anti-Islam, particularly in response to Merkel’s 2015 decision to welcome asylum seekers from Syria, Afghanistan, and Iraq. Numerous AfD politicians have also made antisemitic remarks and down-played the Holocaust. In 2017, the AfD won 12.6% of the vote in the national elections, earning 94 seats in the Bundestag, Germany’s parliament, making it the largest opposition party in the Bundestag. Party members also hold a number of positions in state and local legislatures.

After World War II, American-led Allied forces helped write the new German Constitution. A main focus of the authors was to create measures that could prevent a return of Nazi ideology. Thus, the first article of the Constitution protects “human dignity.” Notably, unlike the U.S. Constitution, the German Constitution does not guarantee the freedom of speech. The freedom of expression is recognized, but there are also limitations on far-right and extremist speech. 

From “test case” to “suspected case”

The BfV has increased its designation of the AfD from a “test case” to a “suspected case” of right-wing extremism. Previously, as a test case, the BfV was only able to evaluate publicly accessible sources. This previous investigation has culminated in an 800 page appraisal, which cites AfD violations of “human dignity.” Now, having designated the AfD as a “suspected case” based on the evidence of the appraisal, the BfV can use intelligence techniques to collect more evidence, including recruiting informants, listening to phone calls, and reading emails.

This is not the first time a party has been placed under investigation by the BfV. In the 1950s, a sucessor party of the Nazi Party was banned by the constitutional court, as well as the Communist Party of Germany. Since 2000, the neo-Nazi National Party of Germany and members of the far-left Die Linke Party have also been placed under investigation by the BfV.

Legal disputes

The question of whether the BfV can place a democratically-elected political party under surveillance, and even ban it, for being a threat to democracy has led to a fierce debate. Due to legal disputes, the BfV has yet to publicly announce the investigation into the AfD as a “suspected case.” At the end of January, the AfD submitted a motion to a Cologne court to stop the BfV from placing it under investigation, arguing that such a public announcement violates the party’s constitutional right “to equal opportunities among political parties'' in an election year. The BfV stated it would not make public announcements about investigating the party or party officials for the foreseeable future. The court ruled in favor of the BfV and its right to investigate in both January and February. However, on March 3, news of the investigation was leaked to the press, violating the confidentiality agreement. Thus, on March 5, the Cologne court overruled its previous decisions and temporarily suspended the BfV’s right to investigate the AfD. The BfV must now wait for the outcome of another legal challenge brought forth by the AfD to prevent the BfV from labelling the party as extremist. It is unclear when this ruling will be made

Reactions

Leaders of the AfD have vocalized their opposition to the investigation. Alice Weidel, a parliamentary leader for the AfD, condemned the investigation as “purely political.” Another AfD lawmaker, Jürgen Braun, tweeted, “You know you’re living in Germany when one and a half weeks ahead of two important state elections and a few months before the national election the domestic secret service declares the biggest opposition party to be suspicious.” Another politician, Jens Maier, says he has already changed the way him and his colleagues communicate out of caution - they no longer talk about confidential topics online or over the phone.

A year of internal divisions

The investigation comes after a year of internal divisions in the AfD, during which party co-leader Jörg Meuthen has tried to balance out the party’s far-right image. Last March, the most radical wing of the AfD, “Flügel,” associated with Björn Höcke, and the AfD’s youth organization, were classified as extremist by the BfV. Though Meuthen ousted the Flügel and its leaders for extremist remarks, its influence within the party has appeared to have grown; at the party convention in December, it had the support of half the delegates. Some supporters have also aligned with the Querdenker movement (similar to the US’ QAnon conspiracy theory) to protest health restrictions and lockdowns. This led to an incident at the Reichstag in November, where AfD protesters fought with police outside and party members brough militant “guests” inside, who harassed other members of the Bundestag. After the Reichstag incident, Meuthen condemned members who followed the Querdenker movement. Despite his statements, a December poll found that 24% of AfD voters view the pandemic as a “conspiracy to oppress people.” Support for the party has also begun to wane nationally, even in its strongholds in eastern Germany. Support for the AfD decreased from 15% in 2019 to 9% in December 2020 in opinion polls.

Potential impacts of the investigation

It is unclear what effects there would be if the BfV were to designate the AfD as a proven case of right-wing extremism. The decision may weaken the AfD with more moderate voters, but experts doubt the designation would have much of an effect on the party’s core electorate. Historically, the party has not been lost support due to racist, anti-Semetic, and xenophobic remarks by its leaders. However, the widening divide between the party’s moderate and far-right wings may undermine the party’s electoral success in September.

BBC

DW