The Supreme Court of Administration of the German state of Bavaria ruled on Wednesday that the state’s domestic intelligence agency (or protection of the constitution in German) may continue to keep the Alternative for Germany (AfD) political party alive.
The AfD had sought to halt the surveillance, losing in lower courts and taking the decision to a last-ditch appeal at the state level.
What else do we know about the decision?
Munich court said Wednesday’s decision is no longer subject to appeal.
It said the questions raised by the AfD had already been addressed in prior decisions and therefore the objections could not be sustained.
The court cited a case in Germany’s highest federal constitutional court addressing “questions raised regarding the legal requirements for surveillance”.
also said Last May, the Federal Administrative Court Accusatory and exculpatory arguments were taken into account “in a manner beyond reproach”, while also taking into account issues such as freedom of expression.
That court had found that “certain statements by the AfD regarding ‘migration’, defamation of people with a migrant background or of Muslim faith, fantasies of overthrowing the government, or ongoing agitation against the free democratic basic system exceed the limits of acceptable criticism of the constitutional system,” the court said.
Is this happening elsewhere in Germany?
Plans for party surveillance in the southern state of Bavaria were first announced in 2022 and an initial legal challenge was rejected in 2024.
Several states have launched similar efforts in Germany to monitor the party or some of its members on suspicion of trying to undermine the constitutional order.
Usually it refers to the restrictive rules on far-right politics adopted after World War II in reaction to the former Nazi government.
The party tries to oppose these measures and argue that the move is not justified.
The federal domestic intelligence agency is taking a similar approach, and last year classified the party as a “confirmed right-wing extremist effort.”
This reduces legal barriers to establishing various types of surveillance and monitoring such as communications interception and the use of informants. However that status was put on hold earlier this year pending an injunction, and the party has once again been classified as a suspected case until the challenge is resolved.
Edited by: Rana Taha
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