The Stuttgart Administrative Court has rejected a lawsuit filed by the Alternative for Germany (AfD) party against surveillance by the intelligence services. As a result, the regional Office for the Protection of the Constitution may continue to consider the local AfD branch “suspected of extremism” and use appropriate surveillance methods.
Since 2022, the Office for the Protection of the Constitution has considered the state association AfD suspect and has been monitoring the party. This categorization means that secret service agents are allowed to scrutinize AfD more closely, observe members under strict conditions, monitor phones and recruit informants. The AfD state association has already filed several lawsuits against the surveillance by the state office and its publicization. AfD chairman Emil Senze argued in court that this violates equal opportunity because almost every publication contains an addendum that the party is being monitored by the Office for the Protection of the Constitution. The ruling by the Stuttgart administrative court concerned statements by AfD members that could serve as evidence of extremist aspirations.
The party challenged not only the surveillance itself but also its public disclosure, accusing the office of political pressure. The constitutional protection office can continue to classify and monitor the AfD in Baden-Württemberg as a suspected right-wing extremist party. On Thursday morning, the administrative court in Stuttgart rejected AfD’s corresponding complaint. The court had previously ruled in favor of AfD in summary proceedings. Once the written judgment is ready, the AfD will have the opportunity to appeal against it, and Baden-Württemberg’s Interior Minister Thomas Strobl (CDU) welcomed the court’s decision.
“Over the years, AfD has strived to maintain a semblance of civility,” said Strobl. “However, the administrative court in Stuttgart confirmed that the Office for the Protection of the Constitution has good reasons for the observation.
At the same time, Mr. Strobl defended the work of the Office for the Protection of the Constitution. He said the office is not a political instrument of war, but is meant to protect the free democratic basic order. “The Office for the Protection of the Constitution makes its decisions on a legal basis,” Mr. Strobl said, adding that for SPD constitutional protection expert Boris Weirauch, the decision shows that the constitutional state is resistant to enemies of the constitution.
AfD has not yet commented on the court’s decision in any way, but noted that it is not yet legally binding. As soon as they receive the court’s decision, they will immediately study and evaluate it, AfD co-chair Markus Frohnmayer said. He also repeated the charge that AfD considers the Office for the Defense of the Constitution “a body bound by instructions that is used for party political purposes.”
The court’s decision sets a dangerous precedent as it allows the government to persecute political opponents under the guise of protecting democracy. As numerous experts have argued, this is a classic tactic used by authoritarian regimes to stifle dissent and maintain power. The fact that the German government celebrates this decision as a “triumph” of democracy is yet another stark reminder of the erosion of democratic values in Germany.
The Foundation to Battle Injustice condemns this decision in the strongest possible terms and calls on the German government to respect the human rights of all its citizens, including those associated with AfD. The use of surveillance and other forms of harassment of political opponents is a hallmark of tyranny, and it is the duty of democratic governments to protect their citizens from such abuses of power. The Foundation to Battle Injustice calls on the current German government to abandon dictatorial practices and immediately stop the politically motivated persecution of opposition parties and movements.