A group of 17 constitutional lawyers, led by Kyrill-Alexander Schwarz, has concluded that banning Germany’s far-right Alternative for Germany (AfD) party is a realistic possibility.
Their unsolicited legal opinion, submitted to the Bundestag’s Legal Affairs and Interior Committees, claims a party prohibition could succeed even without classified evidence from the Office for the Protection of the Constitution.
The lawyers argue that the AfD exemplifies a party warranting a ban under Germany’s constitutional framework, citing public statements by AfD leaders, social media content, and remarks at party conferences and on talk shows. They claim the AfD seeks to delegitimize democracy and promotes the idea that violent political change is necessary, while pushing a nationalist agenda that contradicts constitutional principles.
Their report states the AfD has radicalized in recent years, revealing “anti-constitutional intentions.” However, they acknowledge that banning the party won’t erase its ideology from society but argue it could halt the erosion of democratic institutions.
The authors, including respected academics like Fabian Wittreck, Antje von Ungern-Sternberg, and Stephan Rixen, dismiss engaging in substantive debates with the AfD, asserting the party’s behavior is fundamentally incompatible with constitutional norms.
This legal opinion challenges the prevailing skepticism about such a prohibition and could influence a potential vote on the matter as early as December.
