Germany’s domestic intelligence agency, the BfV, has backed down—at least for now—from officially labeling the right-wing populist party Alternative for Germany (AfD) as “proven extremist.” Instead, the agency will treat the party as merely “under suspicion” of extremism while a court case over the classification continues. The move gives the AfD a temporary legal win and reduces the immediate risk of tougher monitoring or penalties.
The party leader, Alice Weidel, celebrated the decision, calling it “an important first step toward our exoneration and to counter the accusation of right-wing extremism.” This development comes after an urgent legal appeal filed by the AfD with the Administrative Court of Cologne, seeking to force the BfV to withdraw the classification. According to the party, the measure lacked real justification and created a “negative chilling effect” that harmed the democratic process, especially impacting its members who are public officials, soldiers, and judges.
AfD’s lawyer, Christian Conrad, explained in an interview with Junge Freiheit that “it is a partial first victory based on procedural considerations.”
The BfV’s internal report, fragments of which were leaked to the media, accuses the AfD of promoting an “ethno-biological conception” of the German people, something it deems incompatible with the liberal democratic order. According to Bild, the recently departed Interior Minister Nancy Faeser approved the document without a detailed technical review, prompting criticism even from within the center-right CDU.
Conrad also denounced the leak of the report as a serious legal violation: “I understand that the report could only have reached the media through a criminal act within the state apparatus.” The lawyer believes that the public prosecutor’s office should launch an investigation on its own initiative, as in his opinion, “when authorities leak secret documents to influence public opinion and judicial proceedings, that no longer has anything to do with the rule of law.”
What does this mean for the AfD, and what could happen next?
For now, the BfV has stated that it is treating the AfD solely as under suspicion. This limits immediate actions, such as disciplinary measures against public officials affiliated with the party or repercussions for financing. However, the legal process could drag on for several years.
If the AfD succeeds in reversing the classification, it could strengthen its political standing and solidify its role as a key force on the national stage, especially ahead of the upcoming elections. But if the BfV wins the case, surveillance and legal restrictions could intensify, with deep implications for the party’s internal structures and public perception—something its immediate competitor, the CDU, would likely seek to exploit.
The AfD’s case is not just a legal battle; it is also a test of the limits of the rule of law in a modern democracy. The coming months will be crucial in determining how far state surveillance can go without crossing the line of political legitimacy.
