Over 1,000 German Jurists Demand Ban of Far-Right AfD Before Crucial Elections

More than 1,000 German jurists—including judges, prosecutors, lawyers, and legal scholars—have signed an open letter demanding the initiation of a ban procedure against the far-right Alternative for Germany (AfD) party before the Federal Constitutional Court. The appeal comes at a pivotal moment, with three state elections scheduled for September and the AfD polling at record levels in key regions.

The demand, organized by the Republican Lawyers’ Association (RAV), grew from roughly 500 signatories in mid-July to 1,051 by early August, according to Tagesschau. The jurists argue that the party poses a direct threat to Germany’s democratic order and that the constitutional instrument for banning it must now be deployed.

The Legal Case Against the AfD

The appeal is grounded in a comprehensive independent legal study by the Society for Civil Rights (GFF), which concluded that the AfD is unconstitutional. The GFF study analyzed more than 3 million data points—including 2.9 million social media posts, 77,000 parliamentary documents, and 55,000 press releases—producing a 1,500-page report with over 2,500 pieces of evidence.

The study found that AfD policies violate the principle of human dignity enshrined in Germany’s Basic Law, as well as the democratic principle. It documented more than 200 demands to criminally prosecute political opponents, plans to strip citizenship from certain Germans with migration backgrounds, systematic discrimination against Muslims, and proposals to deport people even to situations involving torture or the death penalty.

“The Basic Law gives us with the party ban according to Article 21 Paragraph 2 GG an instrument that must now finally be used,” said Angela Furmaniak, chairwoman of the RAV, as reported by WELT. “Politics must no longer hide behind sham arguments, but must act before it is too late.”

The RAV argues that the AfD can “obviously not be stopped with political means alone” because it does not conduct “political debate on the basis of the Basic Law.”

Elections on the Horizon

The demand comes ahead of three crucial state elections scheduled for September 2026: Saxony-Anhalt on September 6, Mecklenburg-Vorpommern, and Berlin on September 20.

In Saxony-Anhalt, the stakes are particularly high. An Infratest dimap poll from July 30 shows the AfD at 41 percent, well ahead of the CDU at 24 percent, according to t-online. The party could potentially achieve an absolute majority and lead a state government for the first time in its history, with lead candidate Ulrich Siegmund expressing willingness to form a sole AfD government.

In Berlin, a tight race is expected, with recent polls showing the Linke at 21 percent, the CDU at 19 percent, and the AfD at 18 percent, as t-online reports. An Insa poll from July 23 even showed the AfD in first place in the capital at 19 percent.

Political Divisions Over a Ban

Democratic parties remain divided on whether to pursue a ban procedure. The SPD has shown partial support, with party chairman and Vice Chancellor Lars Klingbeil calling it an “obligation of democrats to seriously consider an AfD ban procedure,” as ZDFheute reported. “We must not stand by and watch while an obviously right-wing extremist and unconstitutional party wants to destroy our democracy,” Klingbeil said.

The CDU/CSU Union faction, however, remains skeptical to opposed, preferring to defeat the AfD at the ballot box. Critics of the ban argue that a failed procedure would hand the AfD a major victory, and that the legal hurdles are extremely high.

A party ban application can be filed by the Bundestag, Bundesrat, or Bundesregierung and would be decided by the Federal Constitutional Court. The procedure would likely take several years if initiated. The court has banned only two parties in German history: the Socialist Reich Party in 1952 and the Communist Party in 1956.

What Happens Next

The key question is whether political leaders will decide to file a ban application. Feedback from Bundestag members on the open letter has been “very limited,” according to Furmaniak, suggesting that the political will for such a historic step remains uncertain.

The outcome of the September elections—particularly in Saxony-Anhalt, where the AfD could win an absolute majority—may significantly influence whether political leaders decide to pursue a ban. If the AfD takes power in a state for the first time, the pressure to act could intensify dramatically.

As Germany approaches this critical electoral juncture, the jurists’ demand has reignited a fundamental debate about how a democracy should respond to a party that many legal experts consider a threat to its constitutional order. The coming weeks will reveal whether Germany’s political establishment is prepared to use the constitutional instrument at its disposal—or whether it will continue to hope that the AfD can be defeated at the ballot box.