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World Party achieves partial success in court: The protection of the constitution is not allowed to observe the AfD for the time being.

14:10  05 march  2021
14:10  05 march  2021 Source:   tagesspiegel.de

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The Federal Office for the Protection of the Constitution is not allowed to classify the AfD as a suspected right-wing extremist case until the end of the urgent procedure.

Der Verfassungsschutz will die AfD in Gänze beobachten. © Photo: imago images / Christian Ohde The protection of the constitution wants to observe the AfD in its entirety.

For the protection of the constitution, it is a setback: The AfD has achieved an interim success before the administrative court in Cologne. The party had sued against the classification as a "suspected case" by the Federal Office for the Protection of the Constitution (BfV) in an urgent procedure. The Cologne Administrative Court has now granted an application by the AfD for a so-called interim decision. As the court announced, the BfV is prohibited from classifying or treating the party as a “suspected case” or re-announcing a classification or treatment as a “suspected case” until a decision on the urgent application is made.

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It was only on Wednesday that it became known, that the Office for the Protection of the Constitution has been observing the AfD nationwide since the end of February and is suspected of a right-wing extremist case.

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The AfD had already tried at the end of January 2021 to prohibit the BfV from classifying the party as a “suspected case” or “certain extremist endeavor” or to make it public. At the same time, she had applied for a so-called hanging resolution to be issued pending a decision on this urgent application. Otherwise it threatens irreparable damage in political competition. The court rejected the application after the BfV had given so-called standstill commitments.

But after the media reported nationwide on Wednesday that the BfV had classified the AfD as a "suspected case", the AfD again filed an application in front of the court. This time the court granted the application for a hanging order (interlocutory decision). As a justification, it stated that the issuance of an interim decision was now necessary. This initially applies to the announcement of the classification as a suspected case. Everything indicates that the BfV has not kept its standstill promises or has not taken sufficient care that no procedural information is leaked out.

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Judges believe that information had been pierced to the media

Due to the media coverage on Wednesday, it was clear to the court that “in a manner attributable to the BfV” the classification of the AfD as a suspected case to the press had been “pierced”. This also applies to a 262-page legal brief that the Federal Office for the Protection of the Constitution had submitted to the court. In the letter, clues are given for efforts by the AfD against the free-democratic basic order. The "Süddeutsche Zeitung" reported on this. However, the court has no evidence that the BfV specifically informed the media. The President of the Federal Office, Thomas Haldenwang, reported on Wednesday in a video conference to the state authorities for the protection of the constitution about the classification of the party as a suspected case.

Also with regard to the classification and treatment of the entire AfD as a “suspected case”, the court ruled that this should not be done until the end of the urgent proceedings. The AfD sees itself confirmed by the decision of the court. The party's co-chair, Tino Chrupalla, greeted the decision on Twitter on Friday with "Good!" The court emphasized, however, that the decision was not an "examination of the likely success of the urgent application". The procedure for issuing an interim regulation is not an "urgent procedure in the urgent procedure". The court's decision does not yet say anything about the likely success of the AfD's urgent application against classification as a suspected right-wing extremist case.

The administrative court also indicated that those involved in the proceedings could lodge a complaint with the Higher Administrative Court in Münster. It can be assumed that the BfV is taking this step. As on Wednesday, the Federal Office did not comment on the matter. The statement remains that "with a view to the ongoing proceedings and also out of respect for the court, the BfV does not make any public statements on this matter".

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usr: 2
This is interesting!