How does banning a party work in Germany, and why do we even want to ban a party?

a simple explanation

One of the German intelligence agencies, specifically the "Bundesverfassungsschutz" (Federal Constitution Protection Agency), has produced a more than 1000 pages long report about the AfD, a party you surely know by now.
The report contains a thorough analysis of AfD's ideology and their connection to extremist groups all over the world.

This report and the work the agency does, is something like a warning system. The agency itself can not make any decisions about the legitimacy of a party, and neither can they interfere or disrupt a parties political work. All they are allowed to do is to listen in and collect proof of a parties anti-democratic/unconstitutional tendencies and plans using intelligence gathering techniques like hiring informants, tapping phone lines, analyzing network traffic, etc... This is only allowed, if significant concerns have been raised about a party that is allegedly acting against our constitution or planning serious action against our democratic state. If a preliminary analysis confirms those concerns, the agency gets the power to use said surveillance against the party in question.
In the case of the AfD, they have been a suspected extremist party for several years now, allowing the agency to surveil their communications and inner workings, until they came to the conclusion, that the AfD is indeed fighting our democratic state and are following a right-wing extremist ideology, something that is incompatible with our constitution.

Now that a flag has been raised, there are obvious reasons the party needs to be hindered from successfully eroding or even destroying our democracy. In Germany we have multiple paragraphs in our constitution that allow for a ban of all parties, groups, and organisations that are aggressively attacking the foundation of our free democratic state, are planning to remove the constitution, or to significantly alter it by force or with other antidemocratic means. There are specific extra-strict laws about banning parties since making that too easy would also make it easier for oppressive governments to ban democratic parties. Part of these laws is also the condition that the party has to be significant enough to have actual potential to cause damage.
How that works: The ONLY way to ban a party here in Germany, is to task our supreme court (Bundesverfassungsgericht) to review a parties incompatibility with our constitutional law and to declare a ban on them and all following organisation's trying to bring back that party. The review process often takes years and is extremely thorough since banning a party is a pretty extreme "ultima ratio" measure.

The idea behind banning a party is not to convince them or their voters that they were on the wrong path or to punish them in favor of other parties. The paragraphs for banning a party have been created explicitly to protect the state, its institutions and citizens from harm coming from said party and its structures, members, and supporters.
The voters will still be there. The members will still be extremist. But the party as an organized way of preparing harmful actions will be destroyed, and all following attempts to bring it back under a new name, with a new image, etc. will be outlawed as well.

Last but not least, our German supreme court, which specializes explicitly on dealing with issues related to the constitution and the constitutional rights of the people, will not start the process of banning a party on its own. It needs to be tasked with that by either the parliament (Bundestag), the federal council (Bundesrat), or the acting government (Bundesregierung).

After having been tasked with the review, the court will start a long investigation into the organisation, in our case the AfD, and will collect evidence that supports the claim that they are unconstitutional. For that, it also uses the 1100-page report of the "Verfassungsschutz", police reports, other court cases against the party, etc.

Should the court decide the AfD is actually unconstitutional, which in my opinion, and the opinion of many experts here, is highly likely, the party will be banned and ordered to seize all its operations, and to disband their headquarters and all other places they've worked in. They will also be forbidden to found a new party trying to replace it. If the party continues to organize action, not as a party any more but as a banned organisation, law enforcement will enforce the ban and disrupt any action taken by members of it, that contribute to the goals of the former party.

Now that the AfD has been officially found to be right-wing extremist, the pressure on our government, parliament and federal council is rising to ask the Supreme Court to review a ban of the AfD. There are no more excuses. If this actually happens, remains to be seen.

(As of right now, our conservatives and neo-liberals are still opposing a vote to start the judicial investigation against the AfD)

A little remark from @nicobruenjes, that really shows how strict the rules around banning parties are:

So far, the Supreme Court only banned two parties in the hostory of our Federal Republic: The SRP (Sozialistische Reichspartei) in 1952, which was an openly acting successor organisation of the Nazi Party NSDAP. And the KPD (Kommunistische Partei Deutschlands), the communist party of Germany in 1956.

@celeste_42bit this is absolutely fascinating. Thank you so much.

@SecurityWriter @celeste_42bit Seconded!

Would/could a ban extend to X (the social media thing) operations in Germany?

@martinvermeer
the party ban is based on laws about the political processes and has nothing to do with the operations of a (social) media company.

If X shall be banned it would be completely different laws and processes that this would be based on.

That being said, if a party is banned and eventually deemed illegal, media that keep advertising them could thereby deliver reasons for their own banning process to be successful, too.

@SecurityWriter @celeste_42bit

@celeste_42bit
And independent of the process - yes we should ban X, too ;)

@martinvermeer @SecurityWriter

@lazyb0y @celeste_42bit @SecurityWriter Which I hear would in Germany be quite a bit easier than banning a political party.
@martinvermeer
It's different, but juristically probably yes.
But i also remember only two cases - the russian propaganda TV "RT Deutsch" and the far right wing magazine "compact" and the latter didn't last.
@celeste_42bit @SecurityWriter
@lazyb0y @martinvermeer @SecurityWriter There are a couple of organisations that have been banned before, including criminal biker gangs and religious extremist groups, as far as I know.
@celeste_42bit @rasur Really hoping the checks and balances are used before they are erased.
@celeste_42bit as much as I appreciate what’s going on regarding this party, I wish we could put the same effort against general corruption and lobbyism in the german political system.
@6ff334e In comparison to other countries, we're still on the better side when it comes to corruption. Sadly, the implementation of laws to control shady donations and "trading favors" are being hindered by conservative and neoliberal parties alike, and with the CDU in power, this is surely not getting better. The only way to get around this is to rigorously expose them and to pressure the current CDU government to implement those anti-corruption measures (and to never vote the FDP again 😅)

@6ff334e

That would be the most inefficient way to do this, even more inefficient than what is successfully done today to prevent digging to deep.

@celeste_42bit

@celeste_42bit thanks for the detailed explanation.its good to know what really goes on behind headline press stories.
Prüft ein AfD-Verbot!

Jetzt innn.it-Petition unterschreiben & Volksverpetzer und Betina & Renate von Omas gegen Rechts unterstützen!

@celeste_42bit Affirmative!

Sehr schön! 🤘
Well done!👍

@celeste_42bit Great summary! One detail: while we have been informed about its conclusion, I think the report itself is not public.
@tian I didn't check whether I can find the report yet.
I've read past reports and assume that these results will be included or at least referenced in the new one.
@celeste_42bit as of now no, since that could for instance give theAfD means to know how they could keep a low profile oe where the moles are etc.
The last one also only got leaked. A court could however see it etc.
@tian
Verdachtsfall Rechtsextremismus: Wir veröffentlichen das 1.000-seitige Verfassungsschutz-Gutachten zur AfD

Die Alternative für Deutschland steht im Verdacht, rechtsextrem und verfassungsfeindlich zu sein. Der Verfassungsschutz beobachtet die Partei und hat 2021 ein ausführliches Gutachten erstellt. Wir veröffentlichen dieses Dokument in voller Länge.

netzpolitik.org

@celeste_42bit
Hint: I guess the role of Verfassungsschutz as our Inlandsgeheimdienst will become clearer to non-Germans if translated like "domestic counter-intelligence and security agency".

Anyway, thanks for the great write-up.

@celeste_42bit
By the way: The BfV report got published now? Where?
@musevg It hasn't been published yet (not as far as I know), but I've read other reports before, and I'm assuming that the previous findings will be included or at least referenced in the current one.

@celeste_42bit

Excellent summary and very informative.

@celeste_42bit Are former members or party candidates banned from politics or can they trojan horse other parties or run as independents?
@nf3xn @celeste_42bit They can do that, of course. To remove the right of a person to run for office is quite hard and I think only possible in a criminal conviction. Never heard about it happening. Hindering someone to work in a party or other organisation is impossible- except for the organisation itself. (1/2)
If they reassociate under a new name but with about the same people and goals it is easier to declare the a Nachfolgeorganisation (follow up organisation) which is then automatically forbidden by the first ruling. (2/2)

@rstein @nf3xn @celeste_42bit Here it is: https://www.wahlrecht.de/lexikon/ausschluss.html

A judge can ban you from having a political office for 5 years, if the felony has a minimum penalty of 1 year and of the person has also been sentenced to a minimum of 1 year for it. The time spent in prison is added to the ban time.

Being banned from voting is restricted to a list of politically motivated felonies.

Ausschluss vom Wahlrecht – Wahlrechtslexikon

Zum Ausschluss vom Wahlrecht durch Richterspruch bzw. durch Betreuung zur Besorgung aller Angelegenheiten

@nf3xn @celeste_42bit

democratic parties would of course hesitate to accept or ban such a person from becoming a member...

@Januschka you may recall that Navalny did this with United Russia, and also MAGA fascists do this in USA: Fetterman, Gabbard, Sinema, Manchin.

@nf3xn

well,

at least not all relevant German parties would accept fascists from afd in their ranks. Some people learn from history.

@Januschka Kurt Waldheim enters the chat...

There were several German politicians too (see Braunbuch), but aside from that, my question was about German law, is there in the case of AfD members some mechanism to make it illegal for them specifically to seek election somewhere they are unknown or to invalidate them once they are found out. Depending on parties own vigilance is pointlessly futile.

@nf3xn

no mechanism I know about. Hurdle to have passive voting rights taken from a citizens are very high.

I wouldn't underestimate parties here. Well-known names will be watched and discussed so they don't harm parties reputation. And as political careers usually start on community level, there is little chance to gain huge influence fast, even with right wings networking and economic support by billionaires...

@nf3xn @Januschka
Banning a party is specifically there to smash its dangerous structures, not to sanction its members individually.

@celeste_42bit @nf3xn

ich weiss, aber die Frage zielte auf Verhinderung politischer Arbeit von ex-afdlern

@celeste_42bit Indeed, it will be interesting to see if your government asks your Supreme Court to consider a ban of the AfD. Maybe what has happened in the U.S. will make such a move more likely than it would be otherwise.

@JosephMeyer @celeste_42bit

parliament and second chamber (representing the states) also can ask the 'Bundesverfassungsgericht' to ban a party.

I hope at least one of these entities gathers the guts to do so.

@celeste_42bit

Thanks for this, it seems like a common sense law to have on the books in any democracy.

In places like Russia, the US, China etc. the fall of democracy has come in large part due to the capture of the courts by the right. I'm curious, since the courts there will be key in exercising this power, does Germany protect their courts in any way from political influence? I'm unfamiliar with how judges are appointed there.

@contrasocial You best read it up in a Wikipedia article, because it's kinda complicated 😅

I know the judges in our "supreme court", which only rules on matters of constitutional law, are always appointed by a majority vote in either the parliament or the federal council and bound by oath to the constitution and only the constitution. Most of our government processes are built in a way that multiple people have an oversight over it, not just single people. Power is often times distributed, so one rogue actor can't fuck everyone over. (We learned from our mistakes with Hitler and the 3rd Reich)

@celeste_42bit Nice abstract. Just one thing: The federal council is nothing like a senate (or house of lords or whatever the second chamber is called in bicameral parliaments), but just a body of the governments of all the states making up the federal republic.
@deBaer I just didn't have a better word for it. Editing now ;)
@celeste_42bit "Federal council" is just a literal translation of Bundesrat, as there are no parallels for this in any English speaking country. Also, the Swiss Bundesrat uses the same word and the same English translation, but is something very different. ;-)
@deBaer @celeste_42bit For a lot of laws it functions as a second chamber. Only the members are not voted for by the public but the state governments. Count of members is proportional to population size with a bit of bonus for the small ones.
@celeste_42bit
Thank you so much for taking the time to explain what this all means!
@celeste_42bit (small correction: The *existence* of the report is public. The report itself stays confidential and is NOT published)
Verdachtsfall Rechtsextremismus: Wir veröffentlichen das 1.000-seitige Verfassungsschutz-Gutachten zur AfD

Die Alternative für Deutschland steht im Verdacht, rechtsextrem und verfassungsfeindlich zu sein. Der Verfassungsschutz beobachtet die Partei und hat 2021 ein ausführliches Gutachten erstellt. Wir veröffentlichen dieses Dokument in voller Länge.

netzpolitik.org
@johnnythan @celeste_42bit Das ist die Februar Version. Die endgültige Version ist vom 28.04.2025 und bisher noch nicht geleakt, so weit ich das überblicken kann.
@celeste_42bit Maybe it is worth remarking that the supreme court only banned two parties until today: The SRP (Sozialistische Reichspartei) in 1952, which was an openly acting successor organisation of the NSDAP. And the KPD (Kommunistische Partei Deutschlands), the communist party of Germany in 1956.
@nicobruenjes @celeste_42bit
Why do you think, this might be „worth remarking“ in regards to the AfD…?!
@Ulli @celeste_42bit Just to show that we not ban every other party here every day. It‘s a very heavy weapon not used often and the AfD is more than _worth_ it to feel it.
@Ulli @nicobruenjes Because that shows how rare a ban actually is. It's not like we're banning parties every couple of years. And the AfD certainly has reached a point where it can (or rather has to) become the third.
@celeste_42bit this is great but what about Israel? Can’t the German government see the fascism there? Instead of staunchly supporting it?

@sensitivityi

oh, and what about...... ?!

@celeste_42bit Question, if there are currently elected representative from that party, what happens to them when the party is banned ? (E.g. the current AfD group in the Bundestag)

@celeste_42bit small translation error;

> will be banned and ordered to seize all its operations, and to disband

Did you mean beschlagnahme or did you mean aufhoren?

Beschlagnahme would be: "will be banned and all its operations confiscated."
Aufhoren would be "s/seize/cease/"

(English is so much fun. So much.)

@celeste_42bit
This is all well and good however it seems that by the time any ban could be enacted, it might be too late already...
@acesabe I'm still having an optimistic view on it. But we have to make the decision soon. And our conservative party has to realize they have to get those radical voters back, and they can't do that by just becoming like the AfD themselfs. They need to lead by example and do good and honest politics. It certainly won't work with them just getting more and more hateful and opportunistic.