Berlin's Justice Senator calls AfD ban debate "short circuit"

Berlin – Berlin's Justice Senator, Felor Badenberg (CDU), has described the debate about banning the AfD as a "short circuit." At the same time, she warned that it is premature to discuss banning the party now. "In the debate about banning the AfD, the legal and political aspects are very often confused. In my view, this is a problematic short circuit," Badenberg told the Tagesspiegel. First, one must "objectively and soberly" address the legal requirements before addressing the question of whether it is politically appropriate to ban a party that has been gaining increasing popularity for years. "In my view, this question only arises when the legal requirements for a ban are met. Anything else would be irresponsible," Badenberg said. Until she took office as Justice Senator in 2023, Badenberg served as Vice President of the Federal Office for the Protection of the Constitution and was involved in classifying the AfD as a suspected right-wing extremist case. In May, the office upgraded the party's status to confirmed extremist. However, due to a lawsuit before the Cologne Administrative Court, the proceedings are now on hold. "We are currently at a stage where even the upgrade to confirmed right-wing extremist activity has not been legally confirmed," said Badenberg. The Office for the Protection of the Constitution operates a three-tier system: review case, suspected case, and confirmed extremism. "In order to initiate ban proceedings against a party, its anti-constitutional nature must also be established. From a legal perspective, however, we are currently only at the second tier due to the Office for the Protection of the Constitution's commitment to standstill," said the lawyer. "For ban proceedings to be initiated, however, the party's anti-constitutional nature must go beyond confirmed extremism. Therefore, it is currently premature to discuss the fourth tier." Therefore, the Cologne Administrative Court's decision on upgrading the AfD to confirmed right-wing extremist status must first be awaited. For the AfD to be considered unconstitutional, it must be proven that it is prepared to massively impair or even eliminate the free democratic basic order. "And individual relevant statements are not sufficient for that," Badenberg said. "According to the case law of the Federal Constitutional Court, official statements, such as the party platform or party conference resolutions, are crucial. And if you look at these, there is little evidence. The AfD has learned a lot in recent years." However, Badenberg is not fundamentally opposed to a ban. "I want to make it clear: If the legal requirements are met, a ban must be seriously considered," she said. "Why should one forego an instrument for protecting the state?" However, there must be a high probability of success. "Because if a ban procedure in Karlsruhe fails, the AfD would essentially receive a certificate of no objection from the highest court, the Federal Constitutional Court, and could thus perpetuate its victim role." She considers this not only counterproductive, but also dangerous.