SPD Votes to Examine Constitutional Grounds for Outlawing AfD

by EUToday Correspondents

Germany’s Social Democratic Party (SPD) has unanimously adopted a resolution to begin preparing the groundwork for a potential ban of the far-right Alternative für Deutschland (AfD) party.

The decision was made during the SPD’s federal party conference, where delegates backed a proposal to establish a federal-state working group to collect the necessary evidence for a case before the Federal Constitutional Court.

The resolution mandates the working group to gather documentation supporting the claim that the AfD operates in opposition to Germany’s constitutional democratic order. Should the evidence meet legal thresholds, the SPD intends to support the initiation of formal proceedings at the constitutional court.

SPD chairman Lars Klingbeil described the move as a “historic task” for his party. Addressing delegates in Berlin, Klingbeil stated: “We have a constitution that, based on our historical experience, provides instruments to defend democracy. These instruments must now be utilised.” He added that the goal is to remove the AfD “from parliament again.”

The proposal was introduced by the SPD’s national executive committee. While the resolution stops short of an immediate legal challenge, it sets in motion preparatory steps that could lead to a formal ban. The Federal Constitutional Court can only act upon an application submitted by the federal government, the Bundestag, or the Bundesrat. Any such application must demonstrate that the target party is actively and aggressively undermining the democratic order.

Although the Federal Office for the Protection of the Constitution (BfV) recently classified the AfD as a “confirmed right-wing extremist endeavour,” this classification alone is not deemed sufficient proof for a ban. The legal bar for party bans in Germany remains high, as seen in previous unsuccessful attempts involving the far-right National Democratic Party (NPD).

The SPD’s resolution emphasises that a legal ban must not be viewed as a substitute for political debate. The document states: “A prohibition can in no way replace the political confrontation with [the AfD’s] ideology.” The working group will also be tasked with developing strategies to counter the AfD’s agenda through policy engagement and voter outreach. The ultimate aim, according to the resolution, is to win back voters who have turned to the AfD.

The classification of the AfD as a right-wing extremist group by the BfV in May represented a significant escalation in the party’s legal scrutiny. However, the designation and corresponding surveillance measures are currently suspended pending the outcome of legal proceedings initiated by the AfD in response.

The SPD’s initiative has drawn criticism from the CDU/CSU, who are currently in coalition with the SPD at the federal level. Chancellor Friedrich Merz, leader of the Christian Democrats, has publicly opposed any attempt to ban the AfD. The CDU argues that such a move could backfire politically and strengthen the AfD’s narrative of victimhood. Merz and other senior CDU figures advocate for confronting the party through political means rather than judicial action. The legal risks of failure at the constitutional court are also cited as a reason for caution.

The resolution on the AfD ban was one of the final major decisions at the SPD party conference. The previous day, Lars Klingbeil was re-elected as party chairman with 65 percent of the vote. While he ran unopposed, the result marks one of the lowest vote shares for a party leader in SPD history. Federal Labour Minister Bärbel Bas, elected as co-chair, secured 95 percent support.

Separately, the SPD adopted a resolution concerning Israel and the use of German-supplied arms. The motion calls on Israel to uphold international law in both Gaza and Iran, reaffirming the SPD’s principle that German arms exports must not be used in contravention of international law. However, the resolution stops short of demanding a suspension of weapons deliveries to Israel.

The initiative to prepare a ban on the AfD places the SPD at the centre of a polarised debate on how to address the rise of far-right politics in Germany. While legal experts have warned of the high threshold required for a successful party ban, the SPD leadership insists that it is prepared to use all constitutional means to defend democratic principles. The issue is likely to remain contentious in the months ahead, with opposition parties and civil society groups sharply divided over the appropriate response.

Read also:

Germany’s Domestic Intelligence Agency Classifies AfD as “Proven Right-Wing Extremist” Organisation

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