Growing Calls for Action: Is an AfD Ban Justified?

Stephan Kramer,the head of ThuringiaS Office for the Protection of the Constitution,has publicly stated his belief that initiating proceedings to ban the option for Germany (AfD) is now warranted. Speaking to the Evangelical Press Service (EPD), Kramer emphasized the severity of the current threat level to German democracy, arguing that a prohibition procedure is, in his view, now indicated. However, he stressed that legal action should not replace political debate. In contrast: it has to continue, he asserted, underscoring the importance of ongoing engagement with the issues at stake.

Constitutional Concerns and the Role of Defensive Democracy

Kramer’s stance reflects increasing unease about the AfD’s trajectory and it’s potential impact on Germany’s foundational principles. He highlighted the constitutional protection agency’s assessment of the Thuringian afd, emphasizing the perceived risk that the party’s rhetoric and actions could undermine core tenets of the freedom-democratic order, including human dignity, the rule of law, and democracy itself. This assessment aligns with the broader mandate of Germany’s constitutional protection agencies, which are tasked with monitoring and evaluating developments that could threaten the very essence of the constitution.

The defensive democracy now has to “set a clear stop sign.”

The concept of “defensive democracy” is rooted in the Basic Law, Germany’s constitution, which empowers the state to defend itself against forces seeking to dismantle its democratic foundations. As Kramer noted, this is not about suppressing political opposition but about safeguarding the essential principles upon which the nation is built. This is not undemocratic, Kramer stated, clarifying that the intention is not to eliminate political rivals but to protect the constitution.

The AfD’s Classification and Legal Challenges

The Federal Office for the Protection of the Constitution had initially classified the AfD as a “secured extremist organization” at the beginning of may. Though, this classification was temporarily suspended following a legal challenge from the AfD. The suspension remains in effect pending a court decision on the AfD’s urgent request. The Thuringian constitutional protection agency had already classified the AfD state association as extremist in 2021, a decision that was not challenged in court.

A Call to Action for Established Parties

Beyond legal measures, Kramer urged established political parties to proactively promote their policies and improve their communication strategies to better connect with citizens. He specifically pointed to the need to engage more effectively on social networks, which he believes have been disproportionately utilized by right-wing populists. Kramer warned that if people lose faith in democracy, they may seek solace and validation in groups that offer a sense of belonging, even if those groups promote false promises.

If people lose trust in democracy, they will go where they experience recognition, appreciation and a sense of community.

Stephan Kramer, president of the Thuringian Office for the Protection of the Constitution

This call to action comes at a time when trust in political institutions is wavering in many Western democracies. According to a recent study by the Pew research Center, only 41% of Germans express confidence in their national government.This underscores the urgency for established parties to address the concerns and anxieties of the electorate and to offer compelling alternatives to populist narratives.

the Path to a Potential Ban

Under German law,a party ban can be initiated by the bundestag (Federal Parliament),the Bundesrat (Federal Council),or the Federal Government. The application for a ban is then submitted to the Federal Constitutional Court, which ultimately decides whether the party’s activities violate the constitution. The threshold for banning a party is high, requiring clear evidence that the party actively seeks to undermine or abolish the free democratic basic order.