More than 1,000 legal professionals in Germany have signed an open letter urging politicians to initiate formal proceedings to ban the AfD (Alternative für Deutschland). The signatories warn that the party poses a "serious threat" to democracy and call on the Bundestag, the Bundesrat, or the federal government to bring the case before the Federal Constitutional Court. For immigrants and expats living in Germany, this is a story worth following closely. The AfD is the political party that most directly advocates for restricting immigration, ending certain residence rights, and — in some formulations — mass deportations. Understanding the state of this political debate helps you make sense of the legal and social environment you live in.
The open letter was signed by over 1,000 jurists — including professors of constitutional law, practicing lawyers, and judges. Their central argument is that the AfD, as currently constituted, is incompatible with the principles of a free democratic order (freiheitlich-demokratische Grundordnung) as defined by Germany's Basic Law (Grundgesetz).
This call is backed by a significant legal precedent: Germany's domestic intelligence agency, the Verfassungsschutz, has officially classified the AfD as a "proven right-wing extremist organisation" (gesichert rechtsextremistisch). This classification was upheld by a German administrative court in 2024 and means authorities have confirmed the party actively works against the constitutional democratic order.
The lawyers argue that waiting any longer to act could allow the party to entrench itself further in democratic institutions, making a potential ban more difficult down the line.
Germany has a specific legal mechanism for banning political parties under Article 21(2) of the Basic Law. Only three institutions can initiate proceedings: the Bundestag (federal parliament), the Bundesrat (the chamber representing state governments), or the federal government. The case then goes to the Federal Constitutional Court (Bundesverfassungsgericht), which makes the final decision.
This is not a quick process. The court must determine not only that the party holds anti-constitutional views, but that it is actively and aggressively pursuing the elimination of the free democratic order. Germany has only ever successfully banned two parties this way: the neo-Nazi SRP in 1952 and the Communist KPD in 1956. A more recent attempt to ban the NPD (now called "Die Heimat") failed in 2017 because the court found the party was too small to pose a real threat, even if its ideology was unconstitutional.
For a ban to succeed against the AfD — a party that currently polls around 20% nationally and holds seats in every state parliament and the Bundestag — the legal bar is high but arguably more achievable than in the NPD case.
The AfD's platform has consistently been the most hostile toward immigrants, asylum seekers, and people with a migration background in the German political landscape. The party has advocated for:
A successful ban would remove this political force from the Bundestag and state parliaments. Even the process of initiating ban proceedings tends to signal that the political mainstream is drawing a hard line against the party's influence.
Conversely, a failed ban attempt — as happened with the NPD in 2017 — can sometimes strengthen a party's narrative of political persecution. This is a risk that critics of the ban effort openly acknowledge.
Not necessarily. The open letter puts public and political pressure on decision-makers, but the actual decision to initiate proceedings must come from the Bundestag, Bundesrat, or federal government. Currently, there is no consensus within these bodies to move forward. The letter is a significant signal from the legal community, but the political process remains open and uncertain.
No. Your rights as a resident in Germany are protected by law regardless of the political debate around the AfD. Your Aufenthaltstitel, employment rights, access to healthcare, and other legal entitlements are not affected by this political discussion. If you experience discrimination or threats, you can contact the Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes) or local counselling services.
The Verfassungsschutz is Germany's domestic intelligence service. Its classification of the AfD as "gesichert rechtsextremistisch" (proven right-wing extremist) means the agency has gathered sufficient evidence that the party works against Germany's constitutional order. This classification allows authorities to use intelligence tools to monitor the party and is one of the key legal foundations cited by those pushing for a ban.
The call by over 1,000 lawyers to ban the AfD is a landmark moment in Germany's ongoing political reckoning with right-wing extremism. For the immigrant and expat community, it is an important signal about where significant portions of the German legal establishment stand. The outcome of this political debate — whether ban proceedings are initiated or not — will shape the political climate in Germany for years to come.
For now, your legal rights in Germany remain unchanged. Stay informed, know your rights, and if you have concerns about discrimination or your legal status, consult a qualified immigration lawyer or contact BAMF.
Source: Tagesschau
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