No more secrecy: This rule changes the Berlin Office for the Protection of the Constitution

Since the Federal Office for the Protection of the Constitution (BfV)'s decision to classify the entire AfD as "certainly right-wing extremist," politicians across Germany have been discussing a possible ban. Only in Berlin are things different. In the federal capital, it is not even allowed to reveal whether the state's Office for the Protection of the Constitution considers the party suspicious. It is only permitted to name organizations it considers anti-constitutional.

But now an end to this secrecy is in sight. The Berlin Office for the Protection of the Constitution will be able to publicly comment on suspected cases of surveillance of groups or parties before the end of the year. The Senate has passed a corresponding amendment to the law, and the House of Representatives is expected to pass it before the end of this year. Then it will become clear whether the Berlin AfD is already listed as a suspected case by the state office.

Berlin Office for the Protection of the Constitution should also name suspected cases

At the subsequent press conference, Federal Office for the Protection of the Constitution head Michael Fischer indicated that he favored a departure from the current secrecy requirement. The goal, he said, was maximum transparency.

In contrast, his employer, Interior Senator Iris Spranger (SPD) , took the game of hide-and-seek to the extreme. When asked, she refused to even reveal her own position on a possible ban on the AfD. She referred to a non-disclosure pledge from the Federal Office for the Protection of the Constitution.

"I won't comment on that," Spranger said when asked about a ban. However, one can assume that she and her agency will "look at everything very closely." The report will be examined intensively. "We can't and don't want to say anything more."

In doing so, Spranger falls far short of what her Senate colleague Felor Badenberg (CDU) has recently stated several times : The AfD report is not a suitable basis for a ban. Ultimately, it would have to be proven that the AfD is acting "aggressively and militantly" against the free and democratic basic order. To do this, more evidence would have to be collected. She strongly advocates for this.

While Interior Senator Spranger remains silent, the debate continues in Berlin. On Thursday, the Greens and the Left Party in the House of Representatives plan to call on the Senate to push for a ban. Only the Bundestag, Bundesrat, or the federal government can initiate such proceedings. Whether such proceedings will be initiated will be decided by the Federal Constitutional Court.

The Senate should work towards a ban procedure in discussions with the federal government or “initiate a parallel Federal Council initiative in consultation with other federal states or support the initiative of the federal state of Bremen,” the motion states.