In this video (in German) Professor Towfigh explains the advantages a banning procedure of the German right-wing party AfD would have.

First, he sheds light on the requirements under Article 21 paragraph 2 of the German Constitution: A party that sets out to impair or eliminate the free democratic basic order and is also strong enough to effectively pursue these goals is unconstitutional. The yardstick is the party’s goals and the behavior of its members—i.e. both the party leadership and functionaries as well as ordinary members.

With its statements and behavior, the AfD party pursues the strategy of »plausible deniability«—it is always claimed that individual statements or certain behavior were »not meant that way«. However, when such behavior becomes more frequent, the denial is no longer plausible. This is the case with the AfD party. All in all, it can be said that the AfD party is out to undermine the free democratic basic order—in particular human dignity and the rule of law.

What are the legal consequences of a party ban? The organization is dissolved and it is forbidden to found substitute organizations. The party loses all its mandates. As a rule, its assets are also confiscated.

And what would be the political consequences of a party ban? Of course, a party ban is a »last resort«, the ultima ratio. It cannot replace political debate, and of course banning a party does not make unconstitutional attitudes disappear. But: The Basic Law was created as a reaction to the reign of terror of the Nazi dictatorship, and it provides for a defensive democracy. Against the backdrop of the painful experience that tolerance for intolerance leads to the abolition of tolerance (Popper’s »tolerance paradox«), our constitution formulates the basic values of our coexistence, draws red lines and makes provisions for how their observance can be enforced, including with a party ban. In this specific situation, a party ban would at least buy us some time: The democratic parties would still have a chance to join forces and constructively tackle the difficult, but not unsolvable, problems facing our country.

[Translated by DeepL]