Source: European Parliament
Question for written answer E-000361/2025/rev.1
to the Commission
Rule 144
Tomasz Froelich (ESN)
According to an internal German Federal Police directive dated 7 January 2025, based on an ordinance of 29 August 2024 issued by the German Federal Minister for the Interior, Nancy Faeser (SPD), federal police officers who are members of Alternative für Deutschland (AfD) or who actively support that party, in particular by standing for election, face disciplinary consequences, including dismissal. Activities within the AfD may be classed as ‘misconduct’ and constitute grounds for dismissal. The AfD has not been declared unconstitutional by the Federal Constitutional Court under Article 21(4) of the Basic Law and is protected by political-party privilege. There cannot possibly be disciplinary consequences for a civil servant by dint of being a member of it. Testing an individual civil servant’s constitutional loyalty requires an individualised appraisal.[1]
- 1.In the Commission’s view, does the action taken by Minister Faeser, i.e. federal police officers should be dismissed without an individualised assessment of their constitutional loyalty and solely by dint of their membership of or support for the AfD, jeopardise the fundamental rights of those civil servants?
- 2.Is the Commission aware of similar cases where such action has been taken in other Member States? If so, which ones?
- 3.Does the Commission intend to take account of the action taken by the Federal Minister for the Interior in its report on the rule of law in Germany?
Submitted: 27.1.2025
- [1] Josef Franz Lindner, ‘Zur Parteimitgliedschaft von Beamten’, Verfassungsblog.de, 15 February 2019.