German Intelligence Agency Temporarily Halted from Labeling AfD as 'Confirmed Extremist'

Cologne, Germany – A German administrative court ruled Thursday to temporarily prevent the nation's domestic intelligence agency from officially classifying the Alternative for Germany (AfD) party as a "confirmed right-wing extremist organization" while ongoing legal proceedings unfold. The decision by the Cologne administrative court marks a significant, albeit temporary, reprieve for the far-right opposition party in its protracted legal battle against state surveillance, leaving the party under the less severe designation of a "suspected case" of extremism for the time being.

The ruling underscores the intricate legal tightrope walked by Germany's Federal Office for the Protection of the Constitution (BfV) as it seeks to balance national security concerns with constitutional protections for political parties. The court acknowledged the presence of "efforts against the free democratic fundamental order" within the AfD but determined that these activities do not yet define the organization to such an extent that "a fundamental anti-constitutional tendency can be established in its overall picture." This injunction means the BfV cannot publicly refer to the AfD as a "confirmed extremist" group nor fully utilize the broader surveillance powers that come with such a classification until a final verdict is reached in the party's legal challenge.

Escalation and Immediate Challenge

The current legal confrontation stems from the BfV's decision in May 2025 to escalate its classification of the national AfD party to a "confirmed right-wing extremist organization." This move followed an extensive, three-year expert review, culminating in a report exceeding 1,000 pages that concluded the AfD's "ethnic-based concept of the people" was incompatible with Germany's liberal democratic basic order. Such a classification grants the intelligence agency significantly expanded powers, including the ability to recruit informants, intercept communications, and monitor party activities more comprehensively.

The AfD swiftly denounced the designation as politically motivated, designed to undermine its electoral chances, and launched a vigorous legal challenge, filing both a lawsuit and an emergency petition with the Cologne administrative court. In a proactive move to avoid a court injunction, the BfV subsequently agreed to temporarily suspend publicly referring to the AfD as a "confirmed right-wing extremist movement" and removed associated press releases from its website. This agreement also included a suspension of the enhanced surveillance measures linked to the "confirmed extremist" status, with the BfV stating it would continue to treat the party as a "suspected case" pending the court's final decision. AfD co-leaders Alice Weidel and Tino Chrupalla hailed the suspension as a "partial success," viewing it as a significant step towards clearing the party's name against accusations of right-wing extremism.

The Precedent of "Suspected Case"

The AfD's entanglement with Germany's domestic intelligence apparatus is not new. The BfV first placed the entire party under surveillance as a "suspected case" ("Verdachtsfall") of right-wing extremism in March 2021, after initiating an investigation into its potential extremist tendencies as early as 2019. This initial classification allowed the BfV to employ basic intelligence-gathering methods, such as public observation and the use of informants, to assess whether the party posed a threat to the constitutional order.

The AfD also challenged this earlier "suspected case" designation. While a 2021 court ruling temporarily blocked the BfV from publicly announcing its initial extremism review due to concerns about interfering with the party's equal opportunities in an election year, subsequent legal challenges proved less successful for the party. For instance, in May 2024, the Higher Administrative Court in Muenster upheld the lawfulness of the BfV's "suspected case" designation for the AfD, citing sufficient indications of anti-constitutional aspirations within the party.

Furthermore, specific factions and regional branches of the AfD have faced even stricter classifications. The radical "Wing" faction, led by Björn Höcke, was placed under surveillance as a suspected extremist entity even before the national party, and though it formally dissolved in March 2020, many of its members remained active within the AfD. Several regional AfD branches, including those in Thuringia, Brandenburg, Saxony, Saxony-Anhalt, and Hessen, have been designated as "suspected cases" or even "confirmed extremist" entities, with court decisions often upholding these classifications. The Hessian administrative court, for example, ruled in September 2025 that the state's AfD branch could be classified as a "suspected extremist case," noting that the party promotes an "ethnic concept of the people" that disregards the dignity of foreigners.

Political Landscape and International Scrutiny

The ongoing legal battles and the BfV's assessments occur against a backdrop of the AfD's significant electoral growth. The party, founded in 2013 primarily as a Eurosceptic movement, has evolved into a hardline nationalist and anti-immigrant force. In the 2025 federal election, the AfD surged to become the second-largest party in Germany, securing nearly 21 percent of the vote and positioning itself as the largest opposition force in the national parliament. Its electoral success has intensified the debate about how Germany's mainstream political parties and institutions should respond to its rise.

The BfV's decisions have also drawn international attention and, at times, criticism. In May 2025, following the BfV's initial "confirmed extremist" designation, some U.S. officials, including then-Secretary of State Marco Rubio and Senator Tom Cotton, voiced strong disapproval. They called on German authorities to reverse the decision and even suggested pausing intelligence sharing with the BfV until the AfD was treated as a "legitimate opposition party." Germany's Foreign Ministry countered these criticisms, emphasizing that the nation has learned from its history and the importance of countering right-wing extremism.

Conclusion

The Cologne administrative court's recent ruling to temporarily pause the "confirmed extremist" label for the AfD represents a complex waypoint in an evolving legal and political saga. While it grants the AfD a temporary reprieve from the most severe state surveillance, it does not nullify the intelligence agency's underlying concerns. The BfV continues to treat the AfD as a "suspected case" of right-wing extremism, indicating that its scrutiny of the party's activities and statements will persist. The ongoing legal battle will ultimately determine the long-term classification of the AfD and its implications for both the party's future and the broader landscape of German democracy.