The parliamentary group leaders of the Social Democratic Party (SPD) have jointly called for a review process to examine whether proceedings to ban the Alternative for Germany (AfD) should be initiated.
“The AfD is a far-right party,” the SPD parliamentary group leaders said in a resolution published on Tuesday following the conclusion of their two-day conference. According to the resolution, the party attacks the free society, normalises racism, discredits democratic institutions “and is working to eliminate the free democratic basic order from within.”
For this reason, the SPD parliamentary group leaders from the federal government, the states and the European Parliament called for the establishment of a federal-state working group to prepare a corresponding procedure. “This would create a solid basis for submitting an application under Article 21, paragraph 2 of the Basic Law,” the statement said. This refers to the provision in Germany’s constitution concerning parties that are considered unconstitutional.
The group should begin its work before the end of this year, according to the resolution. The statement also described the ability to examine whether political parties operate within the framework of the Basic Law as a “lesson from our history and a foundation of our defensive democracy.”
Defence Minister Boris Pistorius (SPD) made clear at a press conference following the meeting that the proposal was “not about anyone saying that the AfD should now be banned.” Such a decision, he said, would be made neither by a political party, the government nor parliament, but “solely and exclusively” by the Federal Constitutional Court.
What matters, Pistorius said, is that a liberal democracy “also uses, or at least examines the use of, the few instruments it has to protect itself against internal threats.” Mustafa Güngör, SPD parliamentary group leader in the Bremen state parliament, also described it as the “order of the day” to finally set the examination of such proceedings in motion. “We are firmly convinced that the AfD is a far-right party,” he added, “and that we must protect democracy together.”
North Rhine-Westphalia Minister-President Hendrik Wüst (CDU) recently also called for the establishment of a federal-state working group to examine how to proceed with the AfD. However, he stressed that the review must be open-ended and take all possible legal consequences into account — “not just a ban procedure.”
The Basic Law sets high legal hurdles for banning a political party. The final decision lies with the Federal Constitutional Court. An application to ban a party can be submitted by the Bundestag, the Bundesrat or the federal government.
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