Internally, it can bypass the protection of the Constitution with the AfD. He’s not allowed to call you outside but more the test case. Christoph Schwaiberghof declares the judgment and what is in the case of the AfD’s youth organisation is different.
the Background of the decision of the Cologne administrative court in a press conference on may 15. January 2019. There, the President of the Federal constitutional protection, Thomas Haldenwang had informed the Public that his authority to edit the entire AfD as a test case. In addition, a level of the AfD-youth organization “Young Alternative” (YES) and the sub-organization “The wings” as suspected cases.
The important legal difference: The classification as a suspected case enables the protection of the Constitution, and intelligence resources to collect and analyse information. A test case is only the precursor of such a suspect case.
Official Statements are in need of legal basis
According to Haldenwangs at the time of Expression is only “suspected splitter were against the whole party”. The protection of the Constitution published the ratings in a press release, a Tweet and a article on the website of the Federal office. Official Statements, with which the Sovereign intervention of media in the rights of political parties, but they still need a legal basis.
For suspected cases, there is such a basis in Section 16 of the Federal Constitution protection act (BVerfSchG). In addition, the Public could be informed. And this is why the “Young Alternative” and the “wing” referred to is also still officially as such suspected cases. For test cases, however, a similar provision in the law is missing.
The AfD saw their rights through the official Expression of hurt. The Federal office for the protection of the Constitution refused, a Declaration to cease and desist. Therefore, the AfD presented an application for a temporary injunction. The had success.
