The AfD is arming in the fight against observation by the protection of the Constitution. She left the state lawyer, Dietrich Murswiek, a further report to create. The Freiburg lawyer warns the officials and public servants in the AfD from the consequences of their membership in the party. In the case of an observation of the party through the protection of the Constitution to all the officials, soldiers or employees had to be “in the public service, urgent”, from anti-constitutional forces within the party “decided to distinguish themselves and a constitutional right of the party,” writes the state-legal expert in the 36-page paper, which is available ONLINE. The corresponding efforts, such as proposals, speeches, submissions to the Board, should be documented “as”, “so that, where appropriate evidence is against the service of the Lord or the courts possible.” Because if an official violates his duty of loyalty to the Constitution, to threaten disciplinary action – in the toughest case, the dismissal from the civil status because of a “particularly serious Misconduct”.

Murswiek is in the AfD is not Unknown. He said 2017 on the so-called extremism in the Congress of the party, and said that the term extremism “is often used as a bludgeon to do is thrash on others to do it, without having to discuss with you”. He is the author of the first report, which deals with the conditions for observation of the party through the protection of the Constitution. One of the Main findings was: Problematic Statements made by the members or country officials and functionaries do not need the whole party to be added, as long as the leadership distanced. This is about in respect of the disputed Thuringian nationalists Björn Höcke of importance.

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The party is extremely sensitive, since the country’s constitutional protection of Thuringia announced, to check an observation of Höcke-run national Association. The AfD feared, as once the Republicans by voters escape “in the Five per cent-dirty corner”, when the party device to the visor of the domestic intelligence service. And also, the members came under greater pressure: The careers of public servants would be put at risk, young AfD members could fail as candidates for civil service. Civil servants on probation may be dismissed, without a service offense, “if the authority has reasonable doubts as to the Fitness,” writes Murswiek – what could result from the fact that the officer is a member of a from the protection of the Constitution observed party.

For the observation of the parties, there are high legal hurdles: There must be “actual evidence” of efforts against the free democratic basic order. Among such efforts, the Question of the separation of powers or the independence of the courts. Parties with these efforts, in the protection of the Constitution referred to as an extremist. An observation is a test of whether the party pursues such efforts, the enemy of the Constitution the rule of law is not established yet. Consequences of an observation.

Young Alternative

on the one Hand, officials complain of the interior and members of the AfD, by the ruling parties initiated the observation is intended to make a political opponent silenced. The main indication for this point of view, the a few weeks ago, was dismissal of the protection of the Constitution President Hans-Georg Maaßen’s because of had been in the assessment of foreign enemy operations in Chemnitz, Germany, in September against the Chancellor. On the other hand, the AfD upgrades internally: A working group is examining legal remedies against an observation, they developed so-called hand-outs for the party base, so they hold back with the problematic public Statements in the future.

First hard consequences are already considered As the state authorities of lower Saxony and Bremen, announced to observe in the countries of the party, youth, Young, Alternative, decided the Federal party to their resolution. But shortly before the European election Congress this weekend in Magdeburg, the situation is made worse again: The protection of the Constitution Baden-Württemberg announced that he observed the AfD’s youth organisation, and although “under-use of all instruments”, so a secret service agent, as a spokesman confirmed. Quickly, the Chairman and other Board members stated that kicks your rear.

Several issues

Murswieks 36-page paper to the party to reassure on the one hand, on the other hand, he does not come around various warnings:

He comes to the conclusion that observation alone was dismissed, no reason for authorities, civil servants easy to because they violate their official duty to be Faithful to the Constitution – as long as he is a party internally for loyalty to the Constitution and “as long as loyalty to the Constitution forces within the party have the upper hand”. As soon as judicially confirmed, “that the party pursues anti-constitutional efforts” should civil servants escape. However, do officers generally do well to distance themselves. Because the observation was an indication that “there is in the party’s anti-constitutional forces,” writes Murswiek.

The pursuit of anti-constitutional activities makes Murswiek to the crucial point. Such a party would not be automatically unconstitutional – unconstitutionality can only be determined by the Federal constitutional court after extensive testing. And membership in such a party, exclude the possibility of “a Constitution-abiding behavior does not necessarily”, but could not justify in the case of civil servants and officials to trial, conclusions of the authority on a lack of loyalty to the Constitution.

And that can already now problems: civil servants could be prosecuted as members of a suspected case is classified AfD “disciplinary action”. It is indeed illegal, the officers had to defend themselves in the disciplinary procedure but, “which is not only time consuming, but also mentally stressful,” writes Murswiek.

public authorities and courts, irrespective

So it Murswiek describes, are publicly exposed to the AfD staff alone the goodwill of their authorities. Because the decision whether an official violated his duty of loyalty to the Constitution, the service Mr – the authority so alone. The authority in forming their judgement about the party and their aspirations, self – neither the view of the constitutional protection is crucial to a judgment of a higher law is required. In the case of official candidates, the authority also predicts, whether the candidate remains in the long term, is constitutional. The applicant must not be listened to once. Murswiek writes, since the authorities are “regularly to the reviews of the constitutional protection, de facto, a significant advance effect”.

Would complain to a civil servant against his dismissal, would be the competent labour or administrative court, in its assessment of the party the same as the authorities, writes Murswiek: Whether it is the AfD anti-constitutional activities, is left to, therefore, the judges alone, the Federal constitutional court. An inferior officer would be delivered individually to the judgment of the lower court. This can have a benefit, but also to the detriment of the plaintiff. The many police officers, teachers, soldiers and other public servants in the AfD would be, at the latest, with a observation of the party under the hard pressure of justification: why you are not a member yet, no constitutional enemies.

Kevin Chung studied literature in Seoul. He is interested in various areas. He can be reached at or 82-2-6956-6698.