The Cologne Administrative Court has ruled in an expedited procedure that the Federal Office for the Protection of the Constitution may not classify the AfD as confirmed right-wing extremist for the time being. The decision is interim, and the main proceedings are still pending. Politicians from various parties are responding cautiously, while the AfD hails the ruling as a victory.
The Cologne Administrative Court ruled on Thursday in an expedited procedure initiated by the AfD that the Federal Office for the Protection of the Constitution may not classify the party as "confirmed right-wing extremist" for the time being. The court found that within the AfD, there exist efforts against the free democratic basic order with sufficient certainty. However, the party is not shaped in a way that results in a constitutionally hostile basic tendency in its overall picture. The judges thus did not follow the Federal Office's assessment from May of the previous year, which deemed the AfD as confirmed extremist.
The AfD views the interim decision as a major success. Party leader Alice Weidel called it "a big win not only for the AfD, but also for democracy and the rule of law" and said it puts a stop to "ban fanatics." Co-party leader Tino Chrupalla emphasized that the ruling shows an opposition cannot be eliminated in this way, describing it as an "interim success."
Other parties are responding cautiously. Federal Interior Minister Alexander Dobrindt (CSU) took note of the decision but pointed out that the classification as a suspected right-wing extremist case remains. Left Party leader Jan van Aken downplayed it: "The court did not evaluate the AfD's contemptuous hate speech and did not say the AfD is not right-wing extremist. It was only determined that we must first wait for the main proceedings."
Thuringia's Interior Minister Georg Maier (SPD) advocates for banning individual AfD state associations, such as in Thuringia, and stressed that the strong suspicion persists. A Handelsblatt commentary sees the decision as a political liberation for the AfD but notes that the court criticized party positions colliding with human dignity, such as demands for minaret or headscarf bans. A party ban thus moves into the distant future.