Elverfahren - Court confirms expulsion of ex-employee of AfD
A former employee of an AfD Bundestags deputy has unsuccessfully resisted the revocation of his naturalization. The Oberverwaltungsgericht Berlin-Brandenburg has ruled in favor of the revocation in an expedited procedure. This confirms, as the Berlin Administrative Court already had, the actions of the Senate Interior Administration. The former AfD employee had deceitfully obtained his naturalization, according to the explanation. (Ref: OVG 5 S 27/24)
The man had concealed his Russian passport during the naturalization procedure. This alone justifies the immediate revocation of naturalization, it was stated. In addition, based on information available to the Federal Office for the Protection of the Constitution, it is likely that he was acting on behalf of Russian state institutions to the detriment of the Federal Republic of Germany. The public interest outweighs the personal interests of the man, the judges ruled. The current decision is final and immediately enforceable.
Found with a Russian passport during control
The former AfD deputy's employee had unsuccessfully attempted to prevent the immediate revocation of his naturalization through the expedited procedure. However, he continues to appeal the decision before the Berlin Administrative Court. When a decision will be made in this case is still open.
The man was an employee of the AfD Bundestags deputy Eugen Schmidt until the beginning of the year and had possessed a parliamentary residence permit for an extended period. According to court records, he had stated at a Berlin district office in September 2019 that he only possessed Ukrainian citizenship. He became a German citizen in November 2022. However, in April 2023, German federal police discovered a Russian passport and a large amount of cash on him at Hamburg Airport. As a result, the Interior Senate revoked his naturalization.
Cases like this have given rise to stricter security measures in the Bundestag. For example, it is being considered whether, in future, the Verfassungsschutz should be regularly consulted before issuing a residence permit to parliamentary staff. A decision on the new measures is expected this fall.
- The ruling by the Oberverwaltungsgericht Berlin-Brandenburg supports the Federal Parliament's stance on the constitutional protection of Germany, as the former AfD employee's naturalization revocation was justified.
- The Administrative Court in Berlin had previously aligned with the Senate Interior Administration's actions, leading to the man's naturalization revocation due to denaturalization proceedings.
- The denaturalization process in this case was initiated due to the former AfD employee's false statements during the naturalization procedure, which included hiding his Russian passport from German authorities.
- The Federal Office for the Protection of the Constitution provided evidence suggesting that the man might have been acting on behalf of Russian state institutions, potentially against the interests of the Federal Republic of Germany.
- The expedited court process regarding the man's naturalization revocation concluded with the judges ruling that the public interest in national security and the law outweighed his personal interests, making the current decision final and enforceable.
- The AfD party and its associates remain under scrutiny, as this case highlights the importance of transparency, adherence to constitutional principles, and tougher security measures for parliamentary staff in Germany.
