The city of Potsdam had imposed a ban on entry for the Austrian right-wing extremist Martin Sellner. He challenged this decision in court and has now achieved an initial success: his emergency application was granted. The Administrative Court in Potsdam has granted an emergency application by Sellner against his nationwide entry ban. As a result, the entry ban imposed by the city of Potsdam cannot be enforced for the time being. The court spokesperson stated that Sellner’s objection is likely to succeed and that the ban appears to be legally invalid upon preliminary examination. The city of Potsdam had not provided sufficient evidence of a serious threat to public order or security, nor had they shown that there was no alternative to the entry ban. An appeal can be made to the Higher Administrative Court in Berlin-Brandenburg against this decision.
The background of the case is that Sellner spoke about so-called “remigration” at a right-wing meeting in a Potsdam villa in November 2023. He understands this term to mean that people with foreign roots must leave the country in large numbers, including those with German citizenship. The website “Correctiv” reported on the meeting, which was attended by several AfD members as well as members of the CDU and the very conservative Werteunion. Following the revelation of the meeting, the city of Potsdam issued a notice in March prohibiting Sellner from staying in or entering Germany for three years on grounds of public order and security. Sellner appealed this decision at the Potsdam Administrative Court.
The court decided in Sellner’s favor, stating that there was insufficient evidence to support the ban and that a milder alternative had not been considered. Sellner’s lawyer argued that the ban violated Sellner’s freedom of movement within the European Union and that he had not incited violence or hatred at the meeting. The court’s decision to grant Sellner’s emergency application means that the entry ban cannot be enforced, at least for the time being. Sellner has been known for his involvement in the Identitarian Movement, a far-right group that promotes anti-immigrant and anti-Islam ideologies. His views have sparked controversy and led to accusations of hate speech and extremism.
Sellner’s successful legal challenge against the entry ban has sparked debate in Germany about the limits of free speech and the government’s authority to restrict the movements of individuals based on their beliefs. Critics argue that banning Sellner sets a dangerous precedent for silencing dissident voices, while supporters of the ban argue that it is necessary to prevent the spread of hateful ideologies. Sellner’s case is likely to continue to attract attention and raise questions about how democratic societies balance the protection of public safety with the preservation of individual freedoms. The possibility of an appeal to the Higher Administrative Court in Berlin-Brandenburg means that the final outcome of Sellner’s legal battle remains uncertain.
