AfD in the civil service: initially continuing to examine individual cases

The federal states continue to focus on individual case reviews with regard to AfD membership of public sector employees. A general exclusion from employment based solely on party membership is not on the agenda, according to feedback and statements from the federal states in recent days. However, there could be stricter checks in some cases.

Rhineland-Palatinate announced last week that it would bar AfD members from entering the civil service, sparking a nationwide debate. The government in Mainz has since assured that it is not about a blanket ban on access. Doubts about applicants' loyalty to the constitution could still be dispelled on a case-by-case basis in future.

Saxony also insists on civil servants' loyalty to the constitution

Saxony had already made it clear in the past that there would be no examination of convictions. Nevertheless, the Free State insists that its civil servants are loyal to the constitution and relies on a case-by-case examination. "The Free State does not make any inquiries about party membership among existing civil servants. However, anyone who wants to be accepted as a civil servant must ensure that they stand up for the constitution at all times and are not a member of an extremist organization," emphasized Interior Minister Armin Schuster (CDU). This is likely to cause difficulties for members of the Saxon AfD, as the party is classified as right-wing extremist in Saxony, according to the minister.

Saxony wants to examine individual cases

"There is no automatic rule that excludes AfD membership from being taken on as a civil servant, but membership of a party classified as right-wing extremist raises relevant doubts about constitutional compliance, which must be examined in each individual case," Schuster told the German Press Agency

Schuster recalled that a working group of the Conference of Interior Ministers (IMK) is to draw up a uniform procedure for the whole of Germany. After all, these are difficult and complex legal issues. According to Federal Minister of the Interior Alexander Dobrindt (CSU), the working group will be set up in the event that the classification of the AfD as a confirmed right-wing extremist, which was made by the Office for the Protection of the Constitution but initially put on hold, is upheld. A corresponding lawsuit by the AfD against the classification is pending at the competent administrative court in Cologne.

Some states make regular checks with the Office for the Protection of the Constitution

In the course of the discussion, Schleswig-Holstein announced the introduction of a regular check with the Office for the Protection of the Constitution before recruiting applicants to the civil service. Brandenburg has already been doing this for civil servants since last year. Lower Saxony is considering introducing a questionnaire on memberships and support for extremist and extremist-influenced organizations in the recruitment process.

Bavaria had already tightened up its procedures at the end of June: the Bavarian AfD was added to a list of extremist or extremist-influenced organizations maintained by the Ministry of the Interior. This provides an instrument to effectively check applicants for their adherence to the constitution, said Interior Minister Joachim Herrmann (CSU). However, mere membership does not necessarily lead to rejection, "Each individual case must be examined in detail and all doubts dispelled."