In May 2025 the Federal Office for the Protection of the Constitution (BfV) classified Alternative for Germany (AfD) as a ’certified right-wing extremist’ organization. BfV justified its decision by citing the party’s anti-immigration and, allegedly, ‘racist’ and ‘anti-Muslim’ statements.
Although the BfV’s classification is not directly part of a procedure that could lead to the AfD being banned in Germany, some have used the Federal Office’s decision to push for outlawing the party.
Shortly after the BfV’s designation, the AfD filed a lawsuit challenging the decision. When an administrative court in the city of Cologne ruled in February that the BfV’s designation of the AfD could not be used until its legality had been determined, some hoped the party might avoid efforts to ban it. The AfD celebrated the ruling, with party leader Alice Weidel calling it ‘a major victory not only for the AfD, but also for democracy and the rule of law!’
As it turns out, the AfD celebrated its victory too soon. While banning the AfD remains only a matter of political debate in Germany, an authority of the European Union has formally requested the initiation of a procedure that could lead to the ‘banning’ of the European political party to which the AfD belongs: Europe of Sovereign Nations (ESN).
The Authority for European Political Parties and European Political Foundations (APPF) is responsible for the registration and oversight of European political parties. Among its powers is the ability to de-register parties, effectively banning political parties at the European level if they fail to uphold the values of the European Union.
On 22 May Director of the Authority Pascal Schonard sent a letter to the Commission, the Council, and the European Parliament highlighting alleged breaches by ESN of the so-called ‘values of the European Union’. If any of the three institutions approve Schonard’s request to formally initiate a review of ESN, a six-member body—the ‘committee of independent eminent persons’—would be required to assess the party’s compliance with EU values.
On the basis of the committee’s opinion, the Authority could then decide whether or not to de-register the European political party. The de-registration would proceed unless either the European Parliament or the Council objects to the decision.
The removal of the party from the register would have negative financial consequences for members of ESN. However, it is important not to confuse the ESN party with the ESN group, which has 27 MEPs in the European Parliament. In Hungary, the ESN includes the Our Homeland Movement (Mi Hazánk) party, which has one MEP, Zsuzsanna Borvendég, sitting in the European Parliament.
The six-member ‘committee of independent eminent persons’ plays a crucial role in the procedure once the screening began. While officially the committee should involve ‘independent’ experts, as I have uncovered in my Rule of Law Report in 2025, at least one member of the committee fosters strong connections to the political foundation affiliated to the Party of European Socialists. Anna Paczesniak was appointed to the committee in January 2025, while she has been a member of the Scientific Council of the Foundation for European Progressive Studies (FEPS) since 2018. FEPS is the registered (by the APPF) political foundation of the Socialists (EP group: S&D).
In her earlier works for FEPS, Paczesniak has already called for more effective sanctions against Member States that ‘violate the rule of law’, which gives all the reason to believe that she is in favour of banning political parties that are not ‘observing’ the EU’s values in her opinion. Else than European political parties, the committee could give similar opinions on European political foundations too, one which foundations Paczesniak, a member of the committee, is a member of.
Beyond Paczesniak’s blatant lack of independence, it is also important to highlight that through FEPS Paczesniak is affiliated with the EP’s Socialists, a political rival of the right-wing ESN.
‘Clearly, the procedure against ESN is a worrying sign for all other European political parties’
The legal option to ‘ban’ European-level political parties was created in 2014, but until now no serious attempt has been made to use it. The regulatory framework was subsequently updated late last year (Regulation (EU, Euratom) 2025/2445), amending the original Regulation (EU, Euratom) No 1141/2014. The revised regulation, which is now in force, has broadened the grounds for deregistering European political parties.
Under the new rules, European political parties are responsible not only for upholding the values of the European Union themselves, but also for ensuring that their member parties comply with those values. If either condition is not met, the party may be removed from the register.
The scrutiny of the AfD has intensified in recent years as the party has significantly strengthened and become the largest opposition force in Germany. In the most recent federal election in 2025, Alternative für Deutschland received close to 21 per cent of the vote, representing approximately 10 million voters.
Together with its Polish, Hungarian, Czech, and other member parties, ESN’s support base amounts to well over 10 million European citizens. The procedure would nevertheless rely on consultation with a six-member panel of ‘experts’. Clearly, the procedure against ESN is a worrying sign for all other European political parties—especially for the Patriots and for the European Conservatives and Reformists.
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