After the AfD's election victory in Saxony-Anhalt, Union parliamentary group leader Thorsten Frei believes it is possible for the first time to use federal coercion in accordance with Article 37 of the Basic Law to discipline a state government that is acting unconstitutionally, with instruments such as compulsory administration, funding cuts or federal police being able to be used.
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The AfD received almost 44 percent of the vote in the state elections in Saxony-Anhalt, but fell short of an absolute majority by three votes in the state parliament. Other parties rule out coalitions with the AfD.
Union faction leader Thorsten Frei (CDU) believes that the first application of the so-called federal compulsory system is possible after the AfD's election victory in Saxony-Anhalt. This is an instrument, regulated in Article 37 of the Basic Law, with which an AfD state government that acts unconstitutionally could be disciplined.
The options range from the compulsory administration of individual authorities and ministries to the reduction of federal funds to the deployment of the federal police in the respective country. The Basic Law simply and conceivably states that the federal government can “take the necessary measures” to “encourage a state to fulfill its obligations.”
“If the situation requires it, we will of course enforce the Basic Law and use all instruments to do so,” Frei told the editorial network Germany (RND). »The institutions of our state have to guarantee exactly this. We are a well-fortified democracy.«
AfD wants to govern
Frei emphasized that this was a last resort. "But if it is necessary, the state has the instruments to protect democracy, the rule of law and the free-democratic basic order as a whole," said the lawyer. “For me, that’s a matter of course.”
The AfD won the state elections in Saxony-Anhalt with a clear lead, getting almost 44 percent. However, the party missed an absolute majority and is three votes short of the state parliament. Since neither the CDU, the Left, the SPD nor the Greens want to form a coalition with the AfD, they could either hope for defectors from the CDU or the BSW. The party has at least appeared open to discussions so far.
Article 37 of the Basic Law has never been applied in the history of the Federal Republic. Federal coercion may only be used as a last resort; there are high requirements. For example, the Federal Council must agree every time the federal government wants to identify a breach of duty that, in its view, justifies appropriate coercive measures.
AI outlook — possibilities, not facts
The federal government will examine whether the conditions for the application of federal coercion in accordance with Article 37 of the Basic Law exist if the AfD forms a state government and acts unconstitutionally.
Possible · Within months
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Berlin's CDU top candidate Stefan Evers praises the work of the black-red government coalition in Berlin as a role model for other levels and emphasizes the importance of disputes conducted behind closed doors and joint successes presented to the outside world. He calls for more empathy in politics, is evasive about Hendrik Wüst as a possible alternative chancellor and expresses trust in Friedrich Merz's self-reflection after the Saxony-Anhalt election.
Former Federal Constitutional Judge Hans-Jürgen Papier warns against excessive concerns about the AfD's success in the state elections in Saxony-Anhalt and emphasizes that democracy is not in danger. He refers to constitutional protection mechanisms such as the Federal Constitutional Court and the two-thirds majority for changes to the Basic Law. Federal Justice Minister Stefanie Hubig mentions federal coercion as a last resort to force state governments to comply with the law if an AfD government ignores applicable law.