Published on Fri, 2/27/2026
No carte blanche for the AfD: politicians must not hide behind the Administrative Court ruling
In summary proceedings, the Cologne Administrative Court ruled that, until a decision is made in the main proceedings, Alternative for Germany may not be classified as a "confirmed right-wing extremist organization" by the Federal Office for the Protection of the Constitution. It remains a suspected right-wing extremist organization. The decision concerns only the administrative classification. It does not make any statement as to whether the AfD is unconstitutional within the meaning of Article 21(2) of the Basic Law and must therefore be banned.
Politics continues to bear responsibility
Malte Engeler, press spokesperson for the campaign, explains: "This summary proceeding does not mean the all-clear for the AfD - and it certainly must not be used as an excuse for political hesitation. The decision on whether to ban a party is not made by the administrative courts, but by the Federal Constitutional Court. And the question will only be raised there if the Bundestag, Bundesrat, or federal government finally have the courage to submit the motion. In view of Germany's history, politicians must not hide behind this decision. Anyone who is serious about protecting human dignity and our democracy must now initiate the ban proceedings."
Party ban proceedings follow their own standards
Yesterday's decision does not prejudge a party ban proceeding either legally or in terms of content. The latter follows its own constitutional standards and allows for a much more comprehensive investigation of the facts than an administrative court summary proceeding for classification by the Office for the Protection of the Constitution, which omitted essential evidence.
"The final word has not yet been spoken."
The Administrative Court itself makes it clear that there are still significant indications of constitutionally problematic positions within the AfD - particularly with regard to anti-Muslim statements and the populist plan for so-called "remigration". There can therefore be no question of political or legal exoneration of the party.
Independent constitutional lawyers also emphasize that the decision does not represent a final constitutional assessment. Bijan Moini, Legal Director of the Society for Civil Rights, explains on Bluesky: "Overall, the impression remains that the BfV conducted the proceedings poorly and that the Cologne Administrative Court's assessment was, in my view, too succinct in crucial areas. [...] The final word has not yet been spoken." From the campaign's perspective, there is no doubt whatsoever that the AfD poses a blatant threat to the free democratic basic order. It will continue to press for the use of constitutional instruments to protect democracy.
If you have any questions, please contact the campaign's press officers at:
Email: presse@afd-verbot.jetzt