UPDATE 2 - State surveillance of far-right AfD is lawful, German court rules

UPDATES WITH STATEMENTS FROM GERMAN CHANCELLOR, INTERIOR MINISTER, INTELLIGENCE CHIEF

By Anadolu staff

BERLIN (AA) - A German court ruled on Monday that the far-right Alternative for Germany (AfD) party can be monitored by the state security services for its suspected anti-democratic aspirations.

The Higher Administrative Court in Munster rejected an appeal filed by the AfD in a long-running dispute with the country’s domestic intelligence agency, which designated the party as a “suspected case of extremism” in 2021 and started to monitor its activities.

The judges upheld an earlier ruling of a lower court, which had concluded two years ago that it was lawful for the domestic intelligence agency to take this step against the AfD, as there were sufficient indications of anti-constitutional aspirations within the party.

The designation of the AfD as a “suspected case of extremism” enables the state security services to use intelligence service methods, such as recruiting informants to monitor suspicious activities of the party branches, and their possible links to outlawed extremist groups.

The party has been embroiled in a number of scandals in recent years, including a secret meeting of its senior officials to plan mass expulsion of immigrants, which have raised doubts about the AfD’s commitment to democratic values and human rights.

Birgit Malsack-Winkemann, a former AfD lawmaker, was arrested in 2022 for being a member of a right-wing group, which authorities believe planned sensational actions such as storming the German parliament and kidnapping politicians in order to cause civil war-like conditions in the country and eventually overthrowing the government.

Monday’s verdict came as another blow to the far-right party ahead of next month’s European Parliament elections, as recent polls show support for the AfD is declining amid recent controversies and scandals.

The anti-immigrant party recorded its highest poll rating last year at 23%, but the latest surveys show that the AfD’s popularity dipped by around six points, and it’s currently polled at about 17% in nationwide surveys.

In recent years, prominent members of the party have sparked controversy with anti-immigrant, antisemitic, and Islamophobic remarks. Critics accuse the AfD of encouraging xenophobia and anti-Muslim racism in Germany.

- Government welcomes ruling

Chancellor Olaf Scholz welcomed the ruling, and underlined that Germany’s democracy is strong enough to withstand the far-right threat.

“We are a well-fortified democracy. Our constitutional state protects our democracy - also against threats from within,” he wrote on X.

Interior Minister Nancy Faeser said the court’s ruling has confirmed that the domestic intelligence agency, the BfV, was right in its assessment of the AfD.

"The Federal Office for the Protection of the Constitution (BfV) has a clear legal mandate to take action against extremism and protect our democracy. In doing so, it works independently," she said.

"This is about the actions of our security authorities to protect our democracy. This is about legal criteria and their review in court. These are not means of political debate," Faeser added.

The BfV’s director, Thomas Haldenwang, underlined that his agency will continue to carry out its constitutional duties to protect free and democratic order.

“In our strong democracy, the Federal Office for the Protection of the Constitution (BfV) has an important early warning function, it monitors the activities against the free, democratic, basic order. We will continue to fulfill this task in the future,” he told reporters.