Action before the administrative court - Verdict on AfD observation expected
The Munich Administrative Court announces its decision on Monday regarding whether the Bavarian Constitutional Protection Agency can monitor the AfD as a suspected right-wing extremist case. The Bavarian state branch of the party had sued the Free State of Bavaria. In this urgent matter, the party had lost in two instances.
Three hearing days have been held so far, and the initially scheduled nine-day proceedings were significantly accelerated after the AfD side waived its right to submit hundreds of previously announced evidence.
AfD state chairman Stephan Protschka had already stated at the beginning of the hearing that he did not expect a successful outcome of the lawsuit before the Administrative Court and announced that the party would appeal if the application was rejected.
The Bavarian Constitutional Protection Agency announced in 2022 that it would monitor the party with intelligence services and make the results public. However, according to Constitutional Protection Agency statements, the use of undercover agents or tapping of communications has not been employed up to a final judicial clarification.
The Constitutional Protection Agency has collected thousands of pages from publicly accessible sources, including chat protocols and speech excerpts, which allegedly demonstrate a constitutionally hostile orientation of the AfD and justify observation. The spectrum ranges from anti-foreigner and anti-Muslim statements to democratically hostile statements from AfD members and functionaries of the party.
The AfD side attempted to present these statements as outbursts of Individuals, with which the party as a whole had nothing to do. The party had taken action against the offenders, excluding or disciplining some party members.
- Following the decision of the Munich Administrative Court, the AfD, as a Bavarian state party, will potentially face continuous monitoring due to suspected right-wing extremism, a move initiated by the Bavarian Constitutional Protection Agency.
- In the protection of the constitution case, the Bavarian Constitutional Protection Agency's monitoring of the AfD has witnessed a significant reduction in the originally planned nine-day court processes, due to the party waiving its right to present numerous evidence.
- Despite the opposition from the AfD, with their state chairman, Stephan Protschka, expressing his belief in an unfavorable court decision, the Munich Administrative Court is reportedly considering the Bavarian Constitutional Protection Agency's motion to monitor the AfD as a suspected extremist organization.
- The ongoing processes at the Munich Administrative Court have raised widespread attention in Germany, as the Bavarian state branch of the AfD contests the potential surveillance of their party on account of extremist tendencies.
- The Munich Administrative Court will soon present its verdict, impacting not only the AfD in Bavaria but also other German political parties, as it sets a precedent for the application of the 'Protection of the Constitution' legislation towards extreme political entities in Germany.
