AfD & German Elections 2026: Constitutional Expert Udo Di Fabio on Avoiding Hysteria

by Chief Editor

As several state elections approach in 2026, polls indicate strong potential gains for the AfD party. Amidst these projections, constitutional law expert Udo Di Fabio has cautioned against succumbing to panic, but stresses the need for careful observation.

A Deepening Divide

Di Fabio argues for a more factual approach to discussing the AfD, noting a broader “hostilization of democratic culture” alongside external threats. The former judge stated this hostility originates from both extremes of the political spectrum, “from the left and currently primarily from the right.” He drew a parallel – without equating the situations – to the “hateful communication of the late Weimar Republic, where the other was perceived as an enemy.”

Did You Know? The Weimar Republic, Germany’s government from 1919 to 1933, was marked by significant political instability and polarization, ultimately collapsing with the rise of the Nazi Party.

According to Di Fabio, the AfD contributes to this division by promoting the idea that migration policy could lead to the downfall of the country. He also pointed to the party’s closer alignment with Russian President Vladimir Putin than with French President Emmanuel Macron or German Chancellor Friedrich Merz.

Avoiding Counterproductive Comparisons

However, Di Fabio also warned against equating the AfD with the NSDAP (Nazi Party), arguing that such comparisons can exacerbate hostility. While acknowledging that some individuals within the AfD may sympathize with the ideology and symbols of the NSDAP – a situation he believes requires careful monitoring – he cautioned that portraying the AfD as a Nazi party outright risks alienating those who vote for them for other reasons.

Expert Insight: The expert’s caution against immediate condemnation highlights the complex challenge of addressing political extremism. Broadly labeling a party can shut down dialogue and potentially drive supporters further into entrenched positions.

Di Fabio currently considers a ban on the AfD unlikely to succeed. He suggests a more strategic approach: “Perhaps one should keep one’s powder dry, because one might need it later.”

What Could Happen Next

Looking ahead to the 2026 state elections, Di Fabio stated that if the AfD were to win an absolute majority and the right to form a state government, it could not be legally prevented. However, he noted that the constitution does provide avenues for intervention against a state government that violates the constitutional framework.

Even an AfD-led government would be bound by law, Di Fabio emphasized. “If it adhered to law and order, we would have to live with that experience – and see what the voters say at the end of such a legislative period. I would not paint the imminent demise of democracy on the wall, but a serious challenge lies ahead.”

Frequently Asked Questions

What is Di Fabio’s primary concern regarding the AfD?

Di Fabio’s primary concern is the “hostilization of democratic culture” that he believes the AfD contributes to, alongside other extremist groups, by fostering a sense of division and portraying opponents as enemies.

Does Di Fabio believe the AfD should be banned?

Currently, Di Fabio does not believe a ban on the AfD is likely to be successful and suggests it may be more prudent to reserve that option for the future.

What would happen if the AfD won a state election and formed a government?

If the AfD won an absolute majority and formed a state government, Di Fabio stated it could not be legally prevented. However, the constitution provides mechanisms to intervene if the government were to violate the constitutional framework.

How do you think societies can best address the rise of political polarization and extremism while upholding democratic principles?

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