Germany Grapples with Potential Ban of Far-Right AfD Party Amid Extremism Concerns

AfD Classified as Extremist by Domestic Intelligence

The debate surrounding a potential ban of the far-right Alternative for Germany (AfD) party has intensified following its classification as a 'confirmed right-wing extremist endeavor' by Germany's domestic intelligence agency, the Federal Office for the Protection of the Constitution (BfV). This designation, announced in May 2025, allows authorities to increase surveillance on the party, including the use of informants and monitoring of communications. The BfV's assessment cited the AfD's 'ethnicity- and ancestry-based understanding of the people' and its 'xenophobic and Islamophobic agitation' as incompatible with the free democratic order and human dignity. The AfD has since challenged this classification in court.

Legal Framework and Historical Precedent for Party Bans

Banning a political party in Germany is a complex and rarely exercised measure, rooted in the country's post-war constitution, the Basic Law. Article 21(2) of the Basic Law stipulates that parties seeking to undermine or abolish the free democratic basic order or endanger the existence of the Federal Republic of Germany can be declared unconstitutional by the Federal Constitutional Court. The application for such a ban can only be made by the Bundestag (parliament), the Bundesrat (federal council), or the Federal Government.

Historically, only two parties have been successfully banned in Germany: the Socialist Reich Party (SRP) in 1952 and the Communist Party of Germany (KPD) in 1956. More recently, attempts to ban the far-right National Democratic Party of Germany (NPD) failed in 2003 and 2017, highlighting the stringent legal requirements and high evidentiary bar set by the Constitutional Court.

Arguments For and Against a Ban

Proponents of a ban argue that the AfD's actions and rhetoric, including its ethno-nationalist ideology and reported plans for 'remigration' of millions of people, pose a direct threat to Germany's democratic foundations and human dignity. Social Democrat lawmaker Johannes Fechner has stated that the AfD is an 'anti-constitutional party' and that right-wing extremists present a serious threat to democracy. President Frank-Walter Steinmeier has also emphasized the need to defend democracy against such extremism, referencing Germany's historical experience with right-wing parties.

However, significant skepticism and caution exist across the political spectrum regarding a ban. Opponents and cautious voices, including lawmakers from the CDU/CSU and FDP, point to the extremely high legal hurdles and the risk that a failed ban attempt could inadvertently strengthen the AfD, allowing it to portray itself as a victim of political persecution. Philipp Amthor (CDU) argued that his parliamentary group fundamentally opposes party bans, preferring to counter extremist ideologies through political means. Critics also suggest that a ban might not address the underlying societal sentiments that contribute to the AfD's popularity, which has seen it poll strongly, sometimes as the second-largest party nationally and leading in eastern German states.

Recent Developments and Outlook

The debate gained further momentum in November 2024 when a group of 113 German lawmakers from various factions signed an application to initiate proceedings to ban the AfD, submitting it to the German parliament's President Bärbel Bas. This move underscores the growing concern among mainstream politicians about the party's influence and its perceived threat to democratic values. However, the path to a successful ban remains uncertain and potentially lengthy, with the Federal Constitutional Court requiring clear evidence of the party's active and aggressive intent to dismantle the democratic order, along with a realistic chance of achieving these aims.