German leaders consider Article 37 federal coercion over AfD in Saxony-Anhalt

Federal coercion debate

Following the state election victory of Alternative for Germany (AfD) in Saxony-Anhalt, senior federal politicians raised the prospect of using federal coercion (Bundeszwang) under Article 37 of the Basic Law. Union parliamentary group leader Thorsten Frei of the Christian Democratic Union (CDU) and Federal Justice Minister Stefanie Hubig of the Social Democratic Party (SPD) stated that the mechanism could compel a state administration to adhere to federal statutes if it acts unconstitutionally. The provision allows the federal government, subject to the approval of the Bundesrat, to enforce federal duties against a defiant state authority. Article 37 has never been invoked in the history of the Federal Republic since 1949.

Constitutional mechanisms and powers

Under Article 37, the federal government possesses the authority to take necessary measures to ensure a federal state fulfills its obligations. Potential interventions discussed by constitutional legal scholars and lawmakers include issuing direct instructions to regional agencies, cutting federal funds, placing ministries under forced administration, or deploying the Federal Police (Bundespolizei). Justice Minister Stefanie Hubig outlined potential scenarios, such as a state government ordering local authorities to cease processing naturalization applications or halt registrations of same-sex marriages.

Then the federal government could issue a direct instruction to the responsible state authorities to apply the laws after all. That would require the approval of the Bundesrat.

Emeritus constitutional law professor Christoph Degenhart noted that the most severe measure would involve appointing a federal commissioner to assume specific executive duties. However, Degenhart cautioned that no judicial precedents exist regarding the exact legal boundaries of Article 37, adding that the state government in Magdeburg could challenge such federal actions before the Federal Constitutional Court.

Coalition dynamics in Magdeburg

The discussion follows the state election in Saxony-Anhalt, where the AfD achieved first place with almost 44% of the vote. Despite this result, the party fell short of an absolute majority by three seats in the state parliament (Landtag). Traditional parties, including the CDU, SPD, The Left (Die Linke), and the Greens, have ruled out entering a coalition with the AfD, which the state office for the protection of the constitution classifies as confirmed right-wing extremist. To form a government, the AfD would require support from the Sahra Wagenknecht Alliance (BSW), which has shown openness to preliminary talks, or defections from individual CDU lawmakers.

Political reactions across parties

Lawmakers across federal parties emphasized that constitutional instruments remain available to safeguard democratic institutions if an AfD-led cabinet refuses to apply federal laws, such as statutory refugee distribution quotas. Free Democratic Party (FDP) leader Wolfgang Kubicki also noted that an AfD administration would be bound by federal law enforceable via Bundeszwang. Frei characterized the measure as a final resort that the state will use if necessary to protect the constitutional order.

Should the situation require it, we will naturally enforce the Basic Law and use all instruments for that purpose. The institutions of our state have to ensure exactly this. We are a defensive democracy.

Frei also addressed the CDU's performance in Saxony-Anhalt, describing the election outcome as abysmal while noting that the AfD had already finished first across the state in the 2024 municipal elections and that the CDU had recorded roughly 19% in Saxony-Anhalt during the federal election.