You would have to be blind not to see it: the headline writes itself while it lies to you. Federal Office for the Protection of the Constitution loses - that sounds like a final defeat, a legal collapse, a game that is over. But an emergency ruling is not a game. An emergency ruling is a pause in the game. The confusion is no accident. It is deliberate. The Administrative Court of Cologne did not comment on the ideological status of the AfD. It did not say: The party is not right wing extremist. It did something far more mundane, far more procedural. It prohibited the domestic intelligence service from making a public claim while it is still being examined whether that claim is sustainable. That is not an acquittal. That is quiet. That is: wait.
Why the ruling in emergency proceedings is not an acquittal
Type of proceeding: From a strictly legal perspective, this is a decision in interim legal protection under Section 123 paragraph 1 of the Administrative Court Rules of Procedure.
Function: This provision allows the court to issue a provisional order if this appears necessary to secure a claim or to prevent significant disadvantages. It is therefore not about a final decision on the lawfulness of the measure, but about temporary protection until clarification in the main proceedings.
Requirements: An entitlement to the order and grounds for the order are required under Section 123 paragraph 3 of the Administrative Court Rules of Procedure in conjunction with Sections 920 and 294 of the Code of Civil Procedure. The entitlement to the order need only be made credible, not proven. The court conducts a summary review, meaning only a preliminary assessment without comprehensive taking of evidence and without final findings of fact.
Substantive legal framework: The powers of the Federal Office for the Protection of the Constitution arise from Section 3 paragraph 1 and Section 4 paragraph 1 of the Federal Office for the Protection of the Constitution Act. Whether the requirements for classification as a confirmed extremist endeavor are met is a matter for the main proceedings, not for the emergency proceedings.
No substantive res judicata: Decisions under Section 123 of the Administrative Court Rules of Procedure do not have substantive res judicata effect within the meaning of Section 121 of the Administrative Court Rules of Procedure. They do not bind the court in the main proceedings. The court may reach a different conclusion there.
An emergency application functions like a temporary lock. You close the business until the judge has decided whether it should have been allowed to open in the first place. No one constructs from that a final victory for the managing director. And yet: with the AfD, that is exactly what is happening. The process is being sold as a victory. The interim status is being staged as a final result. The truth is less dramatic and therefore less useful for headlines: the court does not say that the domestic intelligence service is wrong. It says that it should wait until all arguments have been heard. It says: review ongoing. Decision open.

Anyone who constructs from this a clean bill of health for the AfD or an acquittal or a triumph of democracy is manipulating. They take a procedural interim status and give it the form of a political message of salvation. That is not information. That is performance. That is dramaturgy in legal costumes. The claim that the AfD may no longer be classified as a confirmed right wing extremist organization suggests that it may never be classified that way again. But that is false. It may simply not be said now, while the review is ongoing. That is a temporally limited condition, not a new reality.
Anyone who sells legal interim positions as political victories does not necessarily lie with words. But they lie with form. They lie with emphasis. They lie with what they leave out. And that is sometimes the most brutal form of lying: not what is invented, but what is essential and omitted. Procedural law is unglamorous. That is why it is read like a chess move instead of reality. But that is precisely where reality lies: in the gray stacks of paper, in the clauses, in the distinction between provisional and final. Anyone who does not read that will be read by those who do.
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So ticken sie.
Dinge aus dem Kontext reißen.
Etwas als Sieg zu deklarieren, was mit diesem Urteil nur ein weiteres Puzzlestück ist.
Kein endgültiges Urteil.
Keine Aussage „die AfD ist nicht rechtsextremistisch“.
Lediglich ein „solange geprüft wird, darf es nicht behauptet werden“
Weidels Rechnung geht auf.
Die AfD’ler überschlagen sich vor Freude in den sozialen Medien.
Manch ein, bicht so heller, unschlüssiger Wähler denkt vielleicht auch „ach, die sind gar nicht rechtsextremistisch. Kann man wählen“.
Ein Blick ins Wahlprogramm würde helfen.
Aber soviel Text überfordert die Meisten.
Wie bei den US Wählern, die Project 2025 nie gelesen haben.
…die wahrheitstreue der rechtspopulisten, sie ist doch immer erstaunlich