Court Slaps Down Political Elites Over AfD Judge Exclusion

There are obviously still some honest men on the German bench! Another attempt at unconstitutionally sidelining the AfD has been overturned.

From The European Conservative

By Zoltán Kottász

The ruling is a reminder that while establishment parties seek to sideline the AfD, the German constitution guarantees equal access to public office.

A Stuttgart court has overturned a decision by the Heilbronn district council that sought to exclude candidates nominated by the Alternative für Deutschland (AfD) from serving as lay judges at the Administrative Court of Stuttgart.

The ruling is a sharp reminder that, despite the establishment’s efforts to sideline the right-wing anti-globalist party, the German constitution guarantees equal access to public office.

In July, Heilbronn’s council voted on a list of 46 nominees for the 2025–2030 term. While candidates from the Christian Democrats (CDU), Social Democrats (SPD), Greens, Free Voters, and Free Democrats (FDP) were all approved, the seven AfD nominees were rejected. Instead, their places were filled by substitutes from the other parties.

This blanket refusal came after a committee debate in which councillors argued that the AfD “disrespects the democratic order.”

AfD representatives challenged the move in court, arguing that it violated their right to fair treatment. The Stuttgart judges agreed.

Citing Article 33 of the German constitution, the court held that every citizen has an equal right to public office and that such rights cannot be denied on the basis of party affiliation alone. The decision stressed that councillors must evaluate nominees individually, not reject an entire party out of political spite.

The AfD called the ruling “an important victory for democracy and the rule of law.”

The case highlights a growing pattern in Germany’s political landscape: the attempt by the ruling parties to sideline the AfD, even as it surges in public support. According to the latest national polls, the AfD is now the strongest force in the country with 27% of the vote—yet its millions of voters are increasingly treated as second-class citizens.

This marginalisation is not confined to local politics. In May, Germany’s ruling parties blocked the AfD from chairing or even vice-chairing parliamentary committees, despite the fact that the party had been entitled to six such posts under parliamentary rules.

The move left millions of AfD voters effectively voiceless in key legislative areas.

Some politicians have gone further still, openly calling for the party to be banned.