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January 21, 2025
The Saxon Higher Administrative Court (OVG) in Bautzen has rejected the appeal of the AfD Saxony against its classification as "verifiably right-wing extremist." The court thus confirmed the decision of the Dresden Administrative Court from July 2024, which had rejected an urgent application by the party against the classification made by the State Office for the Protection of the Constitution. The AfD Saxony therefore continues to be considered verifiably right-wing extremist.
The Saxon Office for the Protection of the Constitution classified the state association of the AfD as verifiably right-wing extremist in December 2023. The party's youth organization, the Junge Alternative (Young Alternative), has already been classified as verifiably right-wing extremist since April 2023. The AfD had sued against the classification of the state association but was unsuccessful in both instances.
The Dresden Administrative Court argued in its decision from July 2024 that there were "sufficient factual indications" that the party was pursuing endeavors that were "directed against the human dignity of certain groups of people" and "against the principle of democracy." The Higher Administrative Court agreed with this assessment and declared that the reasons presented by the AfD had "not led to a change in the decision." The "extensive factual findings" of the Administrative Court had not been sufficiently challenged by the AfD.
The decision of the Higher Administrative Court is final. This means that the Office for the Protection of the Constitution can continue to observe the AfD Saxony and take appropriate measures. The classification as verifiably right-wing extremist has far-reaching consequences for the party, for example, with regard to access to public funds and participation in political processes.
The reactions to the ruling are likely to be varied. It is to be expected that representatives of other parties will welcome the decision, while the AfD will likely criticize it. The further development and the effects of the ruling on the political landscape in Saxony remain to be seen.
The Office for the Protection of the Constitution has the task of observing and combating anti-constitutional endeavors. The classification of an organization as extremist is a serious step that is based on a thorough examination of the facts. The decision of the Higher Administrative Court underscores the importance of the Office for the Protection of the Constitution in protecting the democratic constitutional order.
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