Federal Commissioner does not want AfD members in the police: Sharp criticism of former SPD MP

It's not as if the Federal Office for the Protection of the Constitution's decision to classify the entire AfD as "certainly right-wing extremist" has plunged the party into chaos. Much remains the same for now. The intelligence agency was already allowed to monitor the AfD, and the label of extremism has stuck with it for years. And a possible party ban, which could be triggered by the intelligence agency's report, is not a matter of today or tomorrow, but rather of the day after tomorrow, if at all.

However, the decision is causing great concern among some AfD members, some of whom have turned to the party – because the party's upgrade could have immediate consequences for individuals. Civil servants and public sector employees, in particular, are wondering whether they could lose their jobs if their party is deemed unconstitutional. While the AfD wants to reassure its members, others are demanding professional consequences.

For the Federal Police Commissioner, Uli Grötsch, the matter is clear. AfD membership and working as a police officer are "incompatible," he told the Rheinische Post. In a recent interview, Grötsch also referred to the decision of the Federal Office for the Protection of the Constitution. "Membership with visible commitment to the AfD," the police commissioner stated, "must result in removal from service."

According to Grötsch, commitment means that a member "openly" supports the AfD, for example, by running for local or city council or the Bundestag . The Green Party sees it similarly. "Anyone who serves the state cannot work for its destruction," Marcel Emmerich, domestic policy spokesman for the Bundestag parliamentary group, told the Berliner Zeitung. Anyone who allows politically active AfD members to remain in the police force, gives them access to weapons, and transfers "state powers" endangers trust in the rule of law and people's security. "The federal and state governments are called upon to take immediate measures to protect against AfD infiltration of security agencies and to remove right-wing extremist AfD members from service," Emmerich said.

Since the AfD's upgrade became known, the interior ministries of several states have been considering the consequences for party members. The portal T-Online was the first to report on this. Here, too, the concerns concern police and administrative employees. It is difficult to say how many AfD members could be affected. When contacted, the party stated that it does not keep statistics on employment. According to an analysis by the ARD magazine Report Mainz , more than 220 AfD members in civil service could face disciplinary consequences. They have run for the party in elections over the past five years. These include, in particular, teachers, police officers, administrative officials, and soldiers.

Lawyer considers blanket demands for dismissals questionable

There is no automatic guarantee that a member's professional status will be affected by the Federal Office for the Protection of the Constitution . Ultimately, courts must always decide on a case-by-case basis, say legal experts. "Mere membership in a party that is not constitutionally prohibited—even if it is classified as suspected or confirmed right-wing extremist—is not sufficient in itself to justify removal from civil service," explains attorney Katharina Sponholz of the law firm Buse Herz Grunst. Sponholz is a lecturer in administrative law.

The decisive factor is the individual conduct of an officer, says the lawyer. "A breach of duty relevant to disciplinary law can only arise if political engagement is specifically incompatible with the duty of loyalty to the free and democratic constitutional order." For this, each individual case must be carefully examined. This doesn't quite fit with the words of the police commissioner, who wants to see AfD members removed from the police force per se. Attorney Sponholz puts it this way: "Blanket calls for dismissals without consideration of specific on- or off-duty conduct therefore raise significant constitutional concerns."

After AfD initiative: Union criticizes police commissioner

Grötsch's statements have met with mixed reactions among police officers. The Berlin Police Union (GdP) certainly understands the initiative. They have had a "very clear position" on the AfD for years, says press spokesperson Benjamin Jendro, pointing to an incompatibility resolution that applies nationwide within the union. The GdP believes the classification by the Federal Office for the Protection of the Constitution could have repercussions for all officers. "Because they are subject not only to the duty of neutrality, but also to the duty of loyalty to the constitution and good conduct, and have pledged their allegiance to the free democratic basic order with their oath of office." Membership in a right-wing extremist party, Jendro says, contradicts this.

Rainer Wendt sees things differently. The federal chairman of the German Police Union (DPolG) is bothered not only by the commissioner's statements, but also by the fact that his position even exists. "If it were up to Mr. Grötsch, only SPD members would be able to remain in the civil service, perhaps also members of the Green Party or the Left," Wendt told this newspaper. "Fortunately, it's not up to him. His position is, as is well known, so superfluous that it should never have been created." The rights and responsibilities of civil servants are derived from the constitution and civil service laws, and therefore each individual case will continue to be examined in the future.

Wendt's reaction is understandable. Before Uli Grötsch was elected Police Commissioner by the Bundestag in March 2024, he was a member of the SPD (Social Democratic Party). Grötsch, himself a police officer and a member of parliament since 2013, served on the SPD's Committee on Internal Affairs and the Parliamentary Control Committee, which oversees the German intelligence services. In his parliamentary group, he repeatedly addressed the issue of right-wing extremism.

Last year, he became the first Federal Police Commissioner and resigned from his parliamentary seat. Now, he is tasked with investigating "structural deficiencies and undesirable developments" within the Federal Police, the Federal Criminal Police Office, and the Bundestag Police, as stated on the parliament's website. Citizens can address complaints to Grötsch. However, his position has sparked controversy. The CDU / CSU election platform stated that allegations against officials must be investigated by public prosecutors and courts. "We will abolish special investigators, such as the Federal Police Commissioner established by the "Traffic Light" coalition."

That hasn't happened yet. However, the CDU/CSU remains "skeptical" about the position, says domestic policy spokesperson Alexander Throm (CDU). "The police commissioner should remember his clearly defined legal mandate," Throm emphasized in response to an inquiry from this newspaper. "He is not called upon to comment publicly on all issues relating to the police, but rather to serve as an independent contact point for citizens who wish to report suspected misconduct by police officers—for example, in connection with racial profiling." His task, he added, is to diligently investigate leads and assist with legitimate complaints.

Regarding the treatment of AfD members in the police force, Throm urges restraint: "As long as the AfD is not banned, a blanket demand for dismissal is out of the question." It always depends on the specific individual case.