The protection of the Constitution is no longer allowed to use the word “test case” to the public. Whether the help of the AfD, is a different question. Because a watchful eye, he will continue to throw to the right-wing populists.
A reason to celebrate, the Alternative for Germany (AfD) had the least rare. Especially the donations-affair consumes longer of the nervous and the Image of the party, which accuses the political competition to violate the law. It is when you Open the border for refugees or in the financial policy, in order to save the European common currency. Their actions, among others, against German Chancellor Angela Merkel, were, however, unsuccessful.
But this Time, the AfD triumphed. The Cologne administrative court prohibited the Federal office for the protection of the Constitution (BfV) on Tuesday, to call the right-wing populists as a “test case” of the domestic intelligence service. The judges justified their decision with the lack of a legal basis. Accordingly, the Statements of the BfV, with those in the rights of a political party will intervene, “an Express statutory authorization would need to be”. The case law of the Federal constitutional and the Federal administrative court.
The protection of the Constitution was warned
Nevertheless, the BfV announced in mid-January in a short-term, convened a press conference in Berlin, the AfD had been classified as a “test case”. Why the ignored the Ministry of the interior under authority of the legal requirements, is unclear. A request of the German wave was answered on Wednesday in a nutshell – by E-Mail: “The filing of a complaint is tested. In addition, the BfV does not respond currently to the decision.” Thus initially remains open whether the protection of the Constitution makes the decision of the Cologne administrative court of the next higher instance check. Responsibility of the higher administrative court of Münster.
From the “test case” AfD the protection of the Constitution-President Thomas Haldenwang not allowed to talk for the time being (archive image)
Meanwhile, the AfD to put. Your member of the German Bundestag, Armin-Paul Hampel said on Wednesday that the consequence of the defeat of the constitutional protection must be in the “withdrawal of the protection of the Constitution the President, but also and in Particular by the Federal Minister of the interior”. Horst Seehofer, sell basic democratic rights for the “lens of judicial power” and use the protection of the Constitution, “to want to be the only political opponents off, do not bend”. In a first reaction AfD-Chef Jörg Meuthen had said, the “political instrumentalization” of the constitutional protection against the AfD had failed for the time being.
Journalists don’t have to Worry
The BfV, it will need to resist the temptation to refer to the public as a “test case”. A watchful eye will throw the domestic intelligence service, but continue to the right-wing populists. Because, according to his estimates, in January there is the “first actual evidence for an against the free democratic basic order policy” of the AfD. On this finding, the administrative court of Cologne, not shook, because it had to deal only with the question whether the word “test case” from the protection of the Constitution shall publicly be used. The answer is: no.
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To rid the world of the vocabulary is not any more anyway. Politicians will point in the discussion of the AfD continues to be the “test case” AfD. And journalists – to make clear, “what is the stone of stumbling,” said the Dortmund-based media rights activist Tobias Gostomzyk of the Evangelical press service (epd). But, ultimately, it is the AfD even with their sometimes racist rhetoric and contacts to extreme right-wing Milieu, caused doubts as to their loyalty to the Constitution.
The protection of the Constitution and a “massive media interest”
This is also the BfV in its opinion to the administrative court of Cologne referred to indirectly. In the detailed decision in favour of the AfD notes, why the protection of the Constitution said, to be allowed to continue to the “test case”. The AfD itself had even worn repeatedly in the Public that “with respect to individual persons and groupings within the party points for extremist tendencies” continued.
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In addition, you have established a working group, the manuals on the subject of constitutional protection given to ride, and a report in order that the legal requirements of a monitoring of political parties by the constitutional protection. Against this Background, a “massive media consisted of interest”, such as the BfV kidney to the question of dealing with the AFD position.
The AfD is another opinion
But all of the arguments were aimed at the administrative court of Cologne into the Void. Quite possible that the AfD from the protection of the Constitution demanded soon, the next Declaration to cease and desist. Because the party of an expert checking whether the recruiting organization may be referred to the Young Alternative (JA) and the people’s “wings” from the BfV as a “suspected case”. “This test will take your time,” said an AfD spokesman on DW request.
In the political sphere, some hope, meanwhile, that the constitutional protection against the “test case”decision, makes a claim. Thorsten Frei, Vice-Chairman of the Union fraction (CDU/CSU) in the Bundestag, speaks of a “design decision” of the court. The classification as a “test case” by the
The Federal office for the protection of the Constitution based on a “very extensive collection of material and intensive discussions”. Therefore, a complaint should be examined “very carefully”, explained to Deutsche Welle.