A new expert legal report prepared by constitutional lawyers in Germany concludes that the anti-immigration Alternative for Germany (AfD) party is “incompatible with the constitutional order” and that a potential ban case would have a high likelihood of succeeding. The report was released at a time when AfD has emerged as the country’s strongest political party in public opinion polls.
According to the report prepared by the Berlin-based Society for Civil Rights (GFF), AfD’s “racist rhetoric and coercive approach toward political opponents are incompatible with Germany’s constitutional principles.”
‘Human Dignity and Democratic Principles Are Being Violated’
The report argues that AfD has adopted a political ideology that undermines human dignity and the democratic order. One of the report’s authors, Bijan Moini, said the party is based on an “ethno-cultural concept of the people,” systematically excludes individuals with immigrant backgrounds, and promotes divisions within society by separating people into different groups.
Moini also stated that AfD employs rhetoric intended to intimidate political opponents, citing statements by party figures suggesting that politicians from other parties could face prosecution if AfD comes to power.
‘A Ban Case Would Most Likely Succeed’
The report concludes that any potential proceedings before Germany’s Federal Constitutional Court seeking to ban AfD would “most likely be successful.”
Dana-Sophia Valentiner, a member of the GFF Executive Board, emphasized that the organization is not taking a political position in favor of banning the party. However, she said the legal assessment should be carefully considered by politicians and the public.
Leading Party in the Polls
According to the latest opinion polls, AfD remains Germany’s most popular political party with 27 percent support.
The governing CDU/CSU alliance stands at 22 percent, while the Social Democratic Party (SPD) is polling at 12 percent, the Greens at 15 percent, and The Left Party at 11 percent. Around one-quarter of respondents said they remain undecided or do not intend to vote.
Germany’s next federal election is scheduled to take place in 2029.
The Issue Has Surfaced Before
The possibility of banning AfD was also widely debated during the first half of 2025. At that time, Germany’s domestic intelligence agency, the Federal Office for the Protection of the Constitution (BfV), classified the party as a “confirmed right-wing extremist organization” based on its findings.
However, after AfD challenged the designation, the Cologne Administrative Court temporarily suspended its implementation through an interim injunction. The main legal proceedings on the case are still ongoing.