The AfD and the Verfassungsschutz are currently in court in Münster disputing the definition of the term ‘people’. The party argues that there is no distinction between the German state people and the ethnic identity and denies allegations of Islamophobia. Representatives of the AfD and the Verfassungsschutz continued their debate before the North Rhine-Westphalian Higher Administrative Court in Münster, where the Verfassungsschutz accused the party of distinguishing between an ethically defined German people and a legally defined state people, categorizing them as a potential right-wing extremist case.
Peter Boehringer, a member of the AfD Federal Board, referenced the party’s adopted programs, insisting that the party should be measured against these contents. On the other hand, the Verfassungsschutz lawyer, Wolfgang Roth, emphasized that party representatives repeatedly distinguish between the German state people and ethnic identity in their statements, which is seen as degrading towards others. The Grundgesetz, however, does not differentiate between state people and people. The AfD aims to reverse migration flows and uses the term “re-migration” for the expulsion of migrants from Germany.
The 5th Senate of the Higher Administrative Court is responsible for determining whether the verdict from the lower court in Cologne stands, which declared the party and its youth organization Junge Alternative (JA) as potential right-wing extremist cases. Furthermore, the focus was on the AfD’s view of Islam, with the Verfassungsschutz accusing the party of making blanket judgments, Islamophobia, and violating the Grundgesetz. High-ranking party representatives were quoted using phrases like “Beware of Muslim boys and men” or the warning “Flooding Europe with Muslims and knife Muslims”. Roth criticized the lack of differentiation when AfD representatives referred to Islam as a terrorist organization in its entirety, leading to the general vilification of Muslims.
In response to the accusation of Islamophobia, the AfD defended itself by referring to its program, which grants religious freedom to Muslims as well. Party member Boehringer stated that there are different opinions within the AfD on the topic of Islam. The AfD’s lead candidate for the European elections, Maximilian Krah, mentioned that a statement like “Islam does not belong to Germany” is no longer majority acceptable within the party. Following two initial hearing days in March and a subsequent break, the 5th Senate of the Higher Administrative Court in Münster accelerated its pace on Thursday, with Chairman Gerald Buck interrupting the participants multiple times to prevent repetition of already known content. The new 457 evidence requests announced by the AfD’s lawyers were not yet discussed, and the Court has scheduled twelve more sessions until June. The timeframe for a judgment remains uncertain as per a Court spokesperson.
