Would party ban proceedings against the »Alternative for Germany« (AfD) have any chance of success?

Emanuel V. Towfigh and Svea Alberti, Hätte ein Parteiverbotsverfahren gegen die »Alternative für Deutschland« (AfD) Aussicht auf Erfolg? [German], in DVBl 2024, issue 10, pp. 601-109.

In this new essay, Emanuel V. Towfigh and Svea Alberti examine whether a ban procedure against the right-winged German political party AfD would have a chance of success and whether such a procedure is appropriate in terms of legal policy. The text thus takes a stance on the debate surrounding a potential ban on the party in the current social discourse and offers a new perspective.

»Based on the concept of contentious democracy, this article examines the instruments provided by the Basic Law for combating anti-constitutional parties. Based on the AfD’s program and characteristic statements by its members, the prospects of success of a party ban procedure are examined in concrete legal terms and the political rationality of such a decision is reflected upon.«

[Translated by DeepL]