Bundesverfassungsgericht verhandelt Ausschluss von Jan Wenzel Schmidt aus AfD-Fraktion

The hearing in Karlsruhe

The Federal Constitutional Court heard on Wednesday, 4 November 2026, the case of Jan Wenzel Schmidt, a 35-year-old member of the Bundestag who was expelled from the AfD parliamentary group in March. According to the reporting, the judges were examining the expulsion of a member from a parliamentary group for the first time. Ann-Katrin Kaufhold, presiding judge of the Second Senate, said the court would first determine whether the Basic Law sets requirements for such an expulsion and, if it does, which ones.

“Membership of a parliamentary group brings Members many advantages in parliamentary practice and in political work.”

Schmidt argues that the expulsion has sharply limited his ability to take part in parliamentary work, and that he now has less speaking time. He is asking the court to clarify the constitutional limits of such an expulsion.

How the dispute started

The debate over relatives of AfD lawmakers being employed in their offices ran through the party for months. Cases surfaced repeatedly, with particular attention on the AfD state associations in Lower Saxony and Saxony-Anhalt, and cases were also reported from other states. The debate escalated after Schmidt gave an interview to the online portal Nius. In it he spoke of a "Beutegemeinschaft" and said that mandates and jobs were being distributed among party colleagues.

The AfD in Saxony-Anhalt opened party expulsion proceedings against him, and the federal leadership joined them. His membership rights were also withdrawn, and his appeals before the party arbitration courts have so far failed.

The expulsion from the parliamentary group

On 3 March 2026 the AfD parliamentary group expelled Schmidt. The motion from the group leadership said the interview, taken as a whole, had "massively damaging" effects on the group and its members. A large majority of the group backed the motion. Some voices within the AfD doubt that the interview alone justifies an expulsion, arguing that public criticism of colleagues from Saxony-Anhalt may not be enough.

At the hearing, the group's lawyer Ulrich Vosgerau said Schmidt had not been expelled for his criticism but because he had threatened fellow group members. The group also accused him of breaching confidentiality obligations.

Schmidt's position and political standing

Schmidt says the expulsion violated his rights as a Bundestag member under the Basic Law. In a written statement before the hearing, he said that leaving the group significantly affects how a member can contribute to parliamentary work. He said his aim is not a political fight with the AfD but a court ruling on the constitutional limits of such an expulsion.

Within the party, an AfD official described Schmidt to the Berliner Zeitung as a "Persona non grata". The AfD under Ulrich Siegmund celebrated a large success in the Saxony-Anhalt state election. Parts of the parliamentary group expect Schmidt to lose in Karlsruhe, although the court is the one forum where he may score points. The articles do not report a ruling.