Everyone talks about it - we want to know! Expert opinion on the potential unconstitutionality of the AfD

There is still uncertainty in the political process as to whether the AfD can be banned. We are currently working on a comprehensive expert opinion to bring more clarity to this matter.

This much is clear: many in the AfD question the guarantee of human dignity and fundamental rights. Their rhetoric is often racist, anti-Muslim and endangers people – because words turn into actions. What is less clear: the German constitution explicitly provides for the possibility of a party ban in defense of democracy. The requirements for this are extremely high, and for good reason. Does the AfD meet these requirements? We are currently examining this in an expert opinion – impartially and with an academic approach

UPDATE: We have started: Work on the expert opinion is underway

Thanks to your support, we have been able to put together a team of lawyers, right-wing extremism and research experts. Over the coming months, they will collect and evaluate large amounts of material on the AfD. We expect to publish the report in early summer 2026. We will keep you informed of our progress.

The fact that there is a wide range of political parties with very different ideas and proposals in Germany is a valuable asset under constitutional law and an expression of democracy in action. However, the desired competition of political ideas also has limits laid down in the Basic Law: parties that aim to impair or eliminate our free democratic basic order are unconstitutional and can be banned.

LACK OF LEGAL CLARITY UP TO NOW

There has long been a growing number of voices that see the rhetoric, program and policies of the AfD and its members as a threat to the fundamental rights of all people and an open democratic society. For some time now, there has been much discussion about whether the AfD could be banned under Article 21 (2) of the German Basic Law. Efforts in the Bundestag to propose a ban have failed. One reason for this is that many MPs were unsure whether such a motion would be successful.

In recent months, there have already been numerous expert reports on this issue: expert opinions, statements, journalistic texts and specialist articles - and most recently, the Federal Office for the Protection of the Constitution (“Bundesamt für Verfassungsschutz”, BfV) categorized the AfD as “confirmed right-wing extremist”. However, no single institution has yet compiled all the information and examined in the necessary depth whether the complex legal requirements for unconstitutionality and therefore for a ban are met.

The leaked BfV expert opinion does not answer this question either, as the categories “confirmed right-wing extremist” and “unconstitutional” are not identical – the BfV expert opinion does not address some aspects that are relevant for being unconstitutional. Moreover, it is unclear whether the BfV's conclusions will really stand up in court. The great uncertainty about a question that is central to our democracy therefore continues to this day.

A RESEARCH-BASED FOUNDATION FOR THE DEBATE ON BANNING THE AFD

We want to put this discussion on a new, scientifically sound footing: Because the threshold for a party ban under Article 21(2) of the Basic Law is very high, it is all the more important to carry out this examination conscientiously, at the highest scientific level and with the best constitutional expertise. On the one hand, it is important to fully understand the AfD as an object of investigation and, on the other hand, to draw factually and legally viable conclusions based on the standards of the Federal Constitutional Court. Independent experts will review the findings.

Our report will be an important guidepost for the public debate. However, it could also shape other debates, such as those on the permissible AfD-critical activities of non-profit or publicly funded organizations.

We require time and resources for this thorough and impartial expert opinion. To this end, we want to put together a team of several lawyers and right-wing extremism experts who will devote themselves exclusively to this issue for months. The GFF will have the results of the expert opinion reviewed by independent experts.

The GFF has extensive experience with complex constitutional issues of significance to judicial policy. We are not alone in our project: the organizations Campact, Volksverpetzer, innn.it, Republikanischer Anwältinnen- und Anwälteverein (RAV), Postmigrantischer Jurist*innenbund, Frag den Staat and Bleibt stabil support our efforts.