Germany's political disputes Courts, AfD and candidacy

Sep 30

AUF1 frames several institutional disputes against state-election shifts, recalling the CDU's 4.9 percent in Mecklenburg-Western Pomerania, the SPD's 5.5 percent in Baden-Württemberg and the AfD's 43.8 percent in Saxony-Anhalt. It describes judicial review and the 2017 NPD ruling as background. It then quotes an SPD position paper proposing that the Federal Constitutional Court temporarily assume a demonstrably nonfunctional state constitutional court's powers, and attributes to critics fears of disempowering state governments, including a possible AfD-led government. The report turns to Wednesday's more-than-nine-hour Thuringian hearing on Die Linke's proposal for AfD-ban proceedings. Kyrill-Alexander Schwarz argues that advocating EU withdrawal and debating NATO withdrawal meet a constitutional criterion; AUF1 broadens this into criticism of the alliances. Hape Kerkeling speaks as a political prisoner's grandson, urges a ban to protect minorities and calls for a motion. Lawyer Christian Conrad calls the proceeding political and says the state parliament cannot legally dictate to the state government. Finally AUF1 reports cabinet approval that week of a bill permitting loss of candidacy rights after a one-year prison sentence for incitement to hatred. It says the bill officially targets no particular politician, while recalling earlier demands concerning Björn Höcke. These proposals, legal opinions and the broadcaster's critical framing are retained separately from established legal outcomes; no AfD ban, enacted court reform or removal of Höcke's eligibility is announced.

Kerkeling calls for an AfD prohibition procedure in the Thuringian parliament and urges legislators to give fascism no foothold, according to Köppel's report. Köppel opposes the analogy, says he does not believe the AfD unconstitutional and characterizes its programme as demands for more democracy and policy change. This is a public call and a substantive opposing response, without a court finding, a filed ban application or a prohibition decision.