Legal tug-of-war over surveillance of the AfD continues

Parties - Legal tug-of-war over surveillance of the AfD continues

The Hessian AfD is continuing its legal defense against its classification as a suspected case for the protection of the constitution in Hesse. It has lodged an appeal against a corresponding decision by the Wiesbaden Administrative Court on November 14 in summary proceedings. This was confirmed by both the party and the court.

The Hessian Administrative Court (VGH) in Kassel could either reject the appeal - or uphold it and overturn the administrative court's decision. At federal level, the AfD is already classified as a suspected right-wing extremist party by the Office for the Protection of the Constitution and is under observation.

In its decision (6 L 1166/22.WI), the Wiesbaden Administrative Court explained that Hesse's AfD wanted to provoke hatred or envy in the audience with "demeaning terms or inappropriate and untenable comparisons". This could prepare the ground for "unpeaceful behavior", particularly against refugees and Muslims. The AfD, which rose to become the second strongest force in the Hessian state elections on 8 October with 18.4 percent of the vote, is acting outside the constitutionally protected freedom of opinion.

The AfD state spokespersons Robert Lambrou and Andreas Lichert reject this: "In a democracy, we must be allowed to criticize the tangible policy failures in many areas, not just in migration policy." This is about concrete political decisions. The AfD does not overstep the boundaries of freedom of opinion in its criticism. "Any lapses on the part of individuals are not representative of the party," added Lambrou and Lichert.

Communication from the Office for the Protection of the Constitution dated 16.11. Communication from the Administrative Court dated 14.11.

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1. The legal battle over the surveillance of the AfD in Hesse continues at the Administrative Court in Cassel, following the party's appeal against a Wiesbaden Administrative Court decision.
2. The Hessian AfD, classified as a suspected case for the protection of the constitution, is challenging the court's classification in summary proceedings.
3. The Office for the Protection of the Constitution considers the AfD a suspected right-wing extremist party at the federal level, subjecting it to monitoring.
4. In its November 14 decision, the Wiesbaden Administrative Court found that the Hessian AfD's speech incited hatred or envy, potentially leading to unpeaceful behavior.
5. The AfD claims its criticism of political decisions is merely exercising constitutionally protected freedom of opinion, denying any incitement or hatred.
6. The Protection of the Constitution Office and the Administrative Court acknowledge receipt of communications from both parties in relation to the case.
7. If successful, the Hessian AfD's appeal could potentially overturn the lower court's decision and impact ongoing surveillance processes.
8. The classification and monitoring of political parties is a sensitive issue, raising questions of freedom of speech and the protection of the constitution in modern democratic states, like Hesse.

Source: www.stern.de