Hans-Jürgen Papier warns against alarmism because of the AfD's success in Saxony-Anhalt

Former Federal Constitutional Judge Hans-Jürgen Papier warns against alarmism because of the AfD's success in the state elections in Saxony-Anhalt. “Democracy as such is not in danger. There is no threat of a coup, nor a collapse of our order,” he told the “Kölner Stadt-Anzeiger”. «I warn against spreading alarmist scenarios. These wrongly unsettle the population and reduce trust in constitutional democracy.”

A conceivable AfD government at the state level would be bound by the rules of the rule of law and federalism, said the former President of the Federal Constitutional Court. “There are currently no signs that the AfD is willing or able to break this order.”

When asked whether Germany could cope with a federal government led by the AfD, Papier said: "Unlike the Weimar era, Germany has established constitutional protection instruments that can prevent the abolition of Germany's free, democratic basic order, no matter which party may try to do so." He referred to the role of the Federal Constitutional Court and the two-thirds majorities in the Bundestag and Bundesrat required for changes to the Basic Law.

Thought games about federal coercion

Against the background of the scenario that the AfD can form a state government in Saxony-Anhalt, Federal Justice Minister Stefanie Hubig referred to an option for the federal government to enforce applicable law against a state government - the so-called federal compulsion - provided for in the Basic Law. To date, this has been a purely hypothetical question and she hopes it stays that way, the SPD politician told the Funke media group.

“But let’s imagine that a state government instructs its state authorities to ignore applicable law, for example to no longer process naturalization applications or no longer allow same-sex marriages,” she explained. “The federal government could then directly instruct the responsible state authorities to apply the laws. This would require the approval of the Federal Council.”

Union parliamentary group leader Thorsten Frei told the editorial network Germany (RND): “The federal requirement is an ultima ratio. But if necessary, the state has the instruments to protect democracy, the rule of law and the free-democratic basic order as a whole. Should the situation require it, “we will of course enforce the Basic Law and use all instruments to do so.”

The AfD in Saxony-Anhalt is classified as definitely right-wing extremist by the state Office for the Protection of the Constitution.