constitution - AfD files appeals against OVG rulings
The AfD is challenging the rulings of the North Rhine-Westphalia Higher Administrative Court (OVG) in conflict with the Constitutional Protection. The party has filed a complaint against the rejection of the appeal at the OVG in Munster, according to a spokesperson of the German Press Agency.
In mid-May, the OVG decided that the Constitutional Protection had rightfully classified the party and its youth organization JA as suspected extremist cases. The written justification from the Munster court followed at the beginning of July. The AfD had one month to file appeals from this point. The complaint was already submitted on July 4th, said a spokesperson. Until early September, the party must still deliver the justification. The party had previously announced the step.
The OVG then decides whether to reject the appeal. According to the law, a revision is possible if the court sees fundamental significance, deviations from previous jurisprudence, or procedural errors. If the OVG remains with its assessment or still allows the revision, the Federal Administrative Court in Leipzig would be next.
The AfD had already failed in the first instance before the Administrative Court in Cologne. Despite the not yet legally binding judgments, the Constitutional Protection can already observe the party with intelligence services.
In the oral justification, the 5th Senate had already explained that in the case of the AfD, there are sufficient indications that point to the party's efforts against the liberal democratic basic order.
- The case involving the AfD's challenge against the North Rhine-Westphalia Higher Administrative Court (OVG) is being overseen by Judge Speaker _.
- The term 'Münster' translates to 'Munster' in English, where the initial ruling against the AfD was made by the OVG.
- The AfD, along with its youth organization JA, is contesting the Constitutional Protection's classification of them as suspected extremist cases.
- The Constitutional Protection can leverage intelligence services to monitor the AfD, even before final judgments are made, due to the party's ongoing legal challenge.
- The AfD's initial appeal was rejected by the Administrative Court in Cologne, but they have since chosen to file an appeal at the Federal Administrative Court in Leipzig.
- The Constitutional Protection's role in monitoring parties and organizations in Germany is guided by the provisions outlined in the country's constitution (law).
- The party's decision to file an appeal at the Federal Administrative Court follows a tradition in German legal process, which allows for appeals if the case is believed to hold fundamental significance or exhibit procedural errors.
