BfV pauses AfD far-right label amid court challenge

The Federal Office for the Protection of the Constitution (BfV) has temporarily refrained from classifying the Alternative for Germany (AfD) as “definitely far-right.”

The elevation of the classification has been suspended until the administrative court rules on the lawsuit filed by the AfD, but it will not be withdrawn.

In a statement to the court, the BfV stated that it would only register the AfD as a “suspicious case” until the decision-making body rules on this case. The press release regarding the elevation of the AfD’s classification has been removed from the BfV’s website, but this does not mean the decision has been reversed.

The party nevertheless interpreted this step by the BfV as a success. AfD co-chairs Alice Weidel and Tino Chrupalla said, “We will defend the Federal Office for the Protection of the Constitution’s classification through all legal means, and the Federal Office has committed not to describe the Alternative for Germany as ‘right-wing extremist’ until the court decision is final.”

Lower Saxony AfD state chairman Ansgar Schledde said, “Thus, the unjust and politically motivated classification of the AfD has finally been corrected. This is an important step for our party to receive fair treatment based on the rule of law.”

According to Schledde, the suspension of the classification showed that “the AfD’s arguments were taken into account and that the rule of law still functions in Germany.”

In fact, behind the BfV’s decision lies a method frequently used in urgent judicial proceedings: To prevent facts from emerging due to a measure taken by the competent authorities – for example, the surveillance of AfD members of parliament according to the new classification – the relevant authorities often voluntarily agree not to take action until a court decision is issued.

The BfV informed the court that it wanted to allow time for “an appropriate summary review” and emphasized that the suspension of the classification resulted from respect for the court, “without accepting a legal obligation.” The BfV said, “Since the press release already had a certain effect, it has now been taken offline again for the time being.”

The first legal decision regarding the classification belongs to the Cologne Administrative Court. A timeframe for when the urgent judicial decision will be made cannot currently be predicted; according to experts’ estimates, the judicial process could take a long time.

When the AfD challenged its classification as a “suspicious case” in 2021, it took the Cologne Administrative Court 14 months to issue its final decision on the party’s urgent application.