Higher Administrative Court upholds Lower Saxony's AfD surveillance upgrade

A final ruling in Lüneburg

The Higher Administrative Court of Lower Saxony in Lüneburg rejected an appeal by the AfD's Lower Saxony branch on Thursday, 29 October 2026, leaving in place a decision by the Hannover administrative court. The branch had challenged the state constitutional protection office's move to reclassify it from a 'suspected case' to an 'object of considerable significance'. That upgrade came in mid-February 2026. The new status lets the office use intelligence methods such as phone surveillance and informants against the party. Hannover had already turned down the branch's urgent application (Eilantrag) in early June, and the Lüneburg court has now confirmed that outcome.

What the court found

The court's reasoning rests on several findings about the branch's views and conduct. The court's 11th Senate summarized its position in a statement.

“The court shares the view of the Hannover administrative court that there are facts showing efforts directed against the free democratic basic order.”

According to the court, the branch holds an ethnic-cultural understanding of the people that is paired with racism. It systematically belittles and disparages migrants, above all Muslims, because of their origin or religion. The ruling also cites links to other right-wing extremist organisations and forces, and says the branch aims to shake public trust in the country's representatives.

Reactions from the minister and the party

Lower Saxony's interior minister, Daniela Behrens (SPD), welcomed the ruling and said she is confident it will also be upheld in the main proceedings. She put the point this way.

“This has now already been confirmed at the second instance that the AfD in Lower Saxony requires monitoring.”

Behrens also described the party as right-wing extremist, which keeps it an observed object for the office. The branch's deputy state chairman, Stephan Bothe, responded that the party regrets the decision.

“We expressly regret this decision.”

Bothe accused the office of political instrumentalisation and called its grounds far-fetched speculation. He wants the main proceedings to bring a comprehensive and critical examination of the basis for the classification, and he argued that the observation should be ended.

Key dates and legal status

The Lüneburg decision cannot be appealed, while the main case remains pending at the Hannover administrative court. Die Welt reported that the branch was first classified as a suspected case in May 2022 and that this phase was extended once, by two years, in 2024. On the federal level, the constitutional protection office classified the AfD as confirmed right-wing extremist in May 2025, but that classification was suspended until the court proceedings are resolved. According to AFP, Lower Saxony's status matches the confirmed right-wing extremist label applied to local branches in Brandenburg, Saxony, Saxony-Anhalt and Thuringia. Die Welt also reported that in March the Lower Saxony interior ministry said the upgrade was on hold and the branch would still be treated as a suspected case.

The sequence below runs from the first classification in 2022 to the 29 October 2026 ruling.