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AfD's lawsuit against the constitutional protection report achieves victory.

"How many supporters of the 'wing' group does the Hamburg AfD possess, and when does someone become a member of the Identitarian Movement? The Office for the Protection of the Constitution has a specific stance, but the Administrative Court finds it too detailed."

View of the party logo at an AfD federal party conference.
View of the party logo at an AfD federal party conference.

The far-right political party, AfD, has successfully challenged the Hamburg Administrative Court regarding accusations of right-wing connections within the state branch. The legal battle was focused on two specific claims mentioned in the Hamburg Constitutional Protection Report 2020, according to a spokesperson from the German Press Agency. The first claim was that approximately 40 individuals from the state branch could be linked to a "right-wing" group, while the second assertion involved two members of an extremist group, the Identitarian Movement, holding positions as employees within the parliamentary faction.

On Wednesday, the court deemed both of these factual allegations illegal, the spokesperson confirmed. This judgment also affirmed an earlier decision made at the end of 2021.

Alexander Wolf, deputy of the AfD parliamentary group, described this day as a victory for democracy and the rule of law. "The verdict serves as a blow to the Constitutional Protection Agency, which has yet again been reprimanded by the court."

The Office for the Protection of the Constitution (LfV) had previously stated that the court's criticism solely targeted the specific factual allegations, not the professional conduct of the LfV, particularly the collection of evidence on the "right-wing" faction and the Identitarian Movement.

The AfD had sought the publication of a press release from the Constitutional Protection Agency regarding the court's ruling in a legal action. However, one of their demands was denied by the Administrative Court.

The judicial ruling should not have further repercussions. The latest Constitutional Protection Report is scheduled for release on Monday, and the previous controversial report from 2020 will then be accessible to the public, as only the last three reports are available.

Read also:

  1. The victory in the lawsuit against the constitutional protection report by the AfD marks a significant judgment against extremism within political parties, specifically regarding the Identitarian movement.
  2. The Administrative Court in Hamburg has ruled that the factual allegations against the AfD state branch and its association with the far-right group and the Identitarian Movement were illegitimate in the Constitutional Protection Report 2020.
  3. The interdependence between political parties and the protection of the constitution became a topic of debate in German courts, with the AfD successfully challenging the constitutional protection report's claims about their right-wing connections.
  4. The judicial victory for the AfD has raised questions about the extent of constitutional protection reported by the Office for the Protection of the Constitution (LfV) and its impact on the freedom of individuals associated with 'right-wing' groups.
  5. The German Press Agency reported on the case, highlighting the importance of independent journalism in the context of legal proceedings related to far-right and extremist movements in German politics, such as the AfD and the Identitarian movement.

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