Mention of the AfD in the constitution protection report is legal

The AfD now has it in black and white: its mention in Saxony's constitution protection report for 2020 was lawful. The Dresden Administrative Court has now come to this conclusion. Specifically, the so-called wing of the AfD was mentioned in the right-wing extremism section of the report. It contained statements on the ideology, strategy, structure and activities of the "wing".

In addition, AfD state leader Jörg Urban and General Secretary Jan Zwerg were quoted with some statements and described as "wing" supporters. Both had denied this. The court pointed out that the original version of the 2020 constitution protection report is no longer publicly available with regard to the statements on the "wing". In the version that is currently and since August 2022 still publicly accessible, the statements are contained in the past tense.

Constitution Protection Report from 2020 has already been adjusted

"It has now been added in the text and in footnotes that the wing disbanded on 30 April 2020 and that, due to a ruling by the Administrative Court of Cologne on 8 March 2022, the classification, observation and monitoring of the "wing" has been discontinued. March 2022, the classification, observation, treatment, examination and management of the 'wing' as a proven right-wing extremist movement is prohibited," the court announced.

The AfD had demanded that the Saxon Ministry of the Interior refrain from classifying the wing as a proven right-wing extremist movement and correct the 2020 constitutional protection report accordingly. After a deadline expired, she filed a lawsuit in January 2023. In December 2023, the Office for the Protection of the Constitution classified the Saxon AfD state association as a confirmed right-wing extremist organization. The AfD is also taking legal action against this.

In June of this year, the Dresden Administrative Court rejected the AfD Saxony's urgent appeal against its classification. The court stated at the time that there were sufficient factual indications that the applicant was pursuing efforts that were directed against the human dignity of certain groups of people and against the principle of democracy.

Court dismisses AfD lawsuit

The administrative court has now dismissed the lawsuit regarding the 2020 report and did not allow an appeal against the ruling. "The court assumes that the 'wing' was very much an association of persons and not merely a loose series of lectures," it said, among other things. The AfD can appeal against the non-admission of the appeal to the Higher Administrative Court in Bautzen.