Court prohibits the Office for the Protection of the Constitution in Bavaria from secretly investigating the AfD

For the time being, the Bavarian State Office for the Protection of the Constitution is not allowed to use any intelligence resources to monitor the AfD. This was decided by the Munich Administrative Court in a decision published on Tuesday. In addition, the state office is temporarily prohibited from "conducting public relations work regarding possible anti-constitutional efforts by the party," the statement said. However, it remains possible to observe the party on the basis of openly accessible information.

The AfD defends itself before the administrative court - also in an expedited procedure - against being treated as a so-called "suspected case" for anti-constitutional efforts.

According to the announcement, the so-called interim decision of the administrative court contains “no substantive decision as to whether there are actual indications of efforts by the AfD party to eliminate the free democratic basic order”. Even for a provisional answer to this question, the court will “need some time in view of the complex situation”.

In an assessment of the consequences, the court stated "that the use of intelligence services with the risk of clandestine investigation seriously interferes with the activities of the party". Together with the publication of the party's observation as a suspected case, there is "the risk of the party's equal opportunities being impaired, especially with regard to the future state election campaign".

However, the court also emphasized that the protection of the constitution by safeguarding the free democratic basic order is performing a task of high constitutional rank. For the time being, the AfD must therefore accept that it is at least being observed from publicly accessible sources, the court decided.

The Ministry of the Interior announced in September that the AfD is now also being observed in Bavaria as a whole party by the Office for the Protection of the Constitution. "This serves to clarify the extent to which there are efforts in the AfD as a whole party that are trying to impair or eliminate the core of the Basic Law," the statement said. Members of the state parliament would not be observed.

A spokesman for the Bavarian Office for the Protection of the Constitution had already emphasized at the time: "In the context of proportionality, it must be taken into account that the AfD has not yet been classified as proven extremist." In doing so, he made it clear even before the court's current decision that the state office is aware that that not all conceivable measures are automatically permitted at all times.

When the court will decide in summary proceedings is open. This cannot be predicted at the moment. The parties involved can lodge an appeal against the decision (Az. M 30 E 22.4913) with the Bavarian Administrative Court within two weeks.