Wüst proposes federal-state panel to examine AfD ban as CDU and CSU leaders push back

Wüst calls for constitutional review panel

North Rhine-Westphalia Premier Hendrik Wüst proposed establishing a joint federal and state working group to examine constitutional options for handling the Alternative for Germany (AfD). Wüst introduced the idea during a panel discussion in Berlin with economist Maja Göpel, followed by remarks at Deutsche Telekom's Digital X trade fair in Cologne and a public statement on X. He stated that the proposed committee should include representatives from the Federal Office for the Protection of the Constitution, constitutional legal scholars, and government officials from both federal and state levels. Wüst emphasized that the inquiry must remain open-ended and evaluate all potential legal outcomes rather than leading automatically to a prohibition request. He pointed out that state cabinets appoint court leadership and police leadership weekly, noting the state monopoly on the legitimate use of force.

I warn against hasty moves regarding an AfD ban, because banning a political party can only be the last resort if we want to protect our constitution.

Resistance from conservative leaders in Bavaria and Hesse

The proposal met immediate skepticism from leading figures within the Union. Following a cabinet meeting in Munich, Bavarian Premier Markus Söder rejected pursuing a party ban, arguing that the measure is legally unworkable and would grant the AfD a martyr status. Söder argued that telling the nearly 44% of voters in Saxony-Anhalt that their choice is unconstitutional sends a counterproductive message. At the Gillamoos political gathering, Söder had previously challenged AfD regional lead candidate Ulrich Siegmund to form a coalition and demonstrate whether the party possessed viable solutions for governance. In the Bundestag, CSU regional group leader Alexander Hoffmann told the Augsburger Allgemeine that the political goal must be to govern the AfD away rather than ban it away. In Brussels, Hesse Premier Boris Rhein cited the multi-year proceedings against the National Democratic Party (NPD), where the Federal Constitutional Court confirmed unconstitutional intent but rejected a ban because the organization lacked political weight. Rhein stated that the priority must be bringing voters out from behind the firewall and building bridges to the political centre.

With all fundamental understanding that one would prefer this AfD was not there, the reality is that it is constitutionally hardly enforceable.

Divergent positions across state politics

Reactions to the initiative split among state politicians across party lines. Hamburg Parliament President Carola Veit endorsed establishing an intergovernmental review body, arguing that political delays are unsustainable while the AfD holds confirmed right-wing extremist status in Saxony-Anhalt. Veit noted that an ongoing lawsuit before the Cologne Administrative Court concerning the domestic intelligence service's classification of the federal party remains pending, but maintained that high poll numbers do not preclude constitutional action. Hamburg Second Mayor Katharina Fegebank of the Greens also supported a formal review. Hamburg CDU parliamentary leader Dennis Thering opposed creating a political panel, arguing that evaluations must remain strictly legal and stay confined to courts and intelligence authorities.

Constitutional standards and federal procedures

Under the German Basic Law, proceedings to outlaw a political party require an explicit application submitted to the Federal Constitutional Court by the Bundestag, the Bundesrat, or the Federal Government. The domestic intelligence agency classifies the federal AfD as a suspected case of right-wing extremism, while regional intelligence offices in states such as Saxony-Anhalt designate their local branches as confirmed right-wing extremist organizations. Within the conservative faction, earlier attempts to initiate judicial proceedings include a 2024 motion proposed by former CDU lawmaker Marco Wanderwitz, which failed to gain the parliamentary majority required to submit an application in Karlsruhe.