The classification and observation of the Hessian AfD by the Office for the Protection of the Constitution are legal. This was decided by the Wiesbaden Administrative Court. There are sufficient indications that the regional association is pursuing efforts that are directed against the free democratic basic order and justify the use of intelligence resources, according to a statement from the judiciary on Wednesday.
This already results from the classification of the AfD federal association as a “suspected case,” which was confirmed by a legally binding judgment, since it is not apparent that the state association has distanced itself from the federal party. In addition, there are also sufficient country-specific indications.
Public announcements will also be permitted in the future
The public announcement of the classification as a suspected case, which the AfD complains about, is also generally permissible in the future. The Hessian state parliament has now created the authorization basis for this, which was still missing when it was announced in September 2022.
The press release distributed at the time by the Ministry of the Interior and the State Office for the Protection of the Constitution was unlawful. The administrative court had already determined this in an emergency decision requested by the AfD. The country Hesse have already largely accepted the relevant claims.
In the emergency decision, the administrative court allowed the case to be classified as a suspected case. Both the AfD and the state of Hesse went to the administrative court. This followed the Wiesbaden emergency decision in September 2025. Now it was time to make the main decision.
It is based on an oral hearing that took place almost three weeks ago. The AfD submitted 286 applications for evidence, all of which the court rejected. The chamber also did not comply with the request to suspend the proceedings until a decision on a constitutional complaint from the federal party was made. She allowed the appeal. The Hessian Administrative Court would have to decide on them. The AfD announced that it would examine the verdict and reserve the right to further legal remedies.
