Court temporarily allows intelligence service to upgrade AfD Lower Saxony

Background of the Upgrade

The AfD state chairman Ansgar Schledde rejected the accusations. "The state chairman Ansgar Schledde rejected the accusations that his party is anti-constitutional," a statement read. The party had filed a lawsuit against the upgrade.

The court based its decision on a 212-page expert opinion from the intelligence service. It accepted the argument that the AfD violates human dignity by, in particular, devaluing male and Muslim immigrants across the board. Furthermore, the party harms democracy by systematically slandering other parties and politicians.

The court's reasoning continued: "Radical positions on the borderline of criminal offenses would be established," it stated. The court also found connections to parts of the AfD that are already classified as demonstrably right-wing extremist. "The character of the party is shaped by these efforts against the free democratic basic order, the court further stated. An overall picture marked by anti-constitutional tendencies can be attested."

Legal Steps and Outlook

The ruling is an interim decision and regulates the legal situation until a judgment in the main proceedings. The decision is not yet legally binding. The AfD Lower Saxony can lodge a complaint with the Higher Administrative Court of Lower Saxony in Lüneburg.

The main proceedings will involve a detailed examination of the AfD's lawsuit. A separate proceeding concerning the classification of the federal AfD by the Federal Office for the Protection of the Constitution is currently pending before the Administrative Court of Cologne. The Lower Saxony proceedings and the federal proceedings are independent of each other, as Lower Saxony has its own state intelligence service law.

Nationwide Classification of the AfD

In four other federal states – Brandenburg, Saxony, Saxony-Anhalt, and Thuringia – the AfD is already classified as demonstrably right-wing extremist at the state level. In May 2025, the Federal Office for the Protection of the Constitution announced its intention to classify the entire AfD as a demonstrably right-wing extremist endeavor, but suspended this due to a lawsuit filed by the party until judicial clarification.

Following the upgrade, the intelligence service in Lower Saxony had largely refrained from particularly intrusive measures such as the long-term deployment of informants. With the court's confirmation of the preliminary classification, these methods are now generally available to the authority.

The decision of the Administrative Court of Hanover is considered a significant step in dealing with the party in political circles. However, the final clarification of the legality of the classification remains reserved for the main proceedings.