Explainer: What Germany’s far-right AfD can do with its regional blocking minority
Germany’s far-right party, Alternative for Germany (AfD), made a significant breakthrough by securing over 33% of the seats in the Thuringia state election, granting them a “Sperrminorität,” or blocking minority. This is the first time since the Nazi era that a far-right party has wielded such legislative power in Germany. While the AfD cannot form a government due to other parties refusing to cooperate with them, their blocking minority allows them to disrupt certain legislative processes that require a two-thirds majority to pass.
Why is a blocking minority part of the law?
Germany’s democratic system is designed to protect itself from any party gaining overwhelming control, a lesson from the country’s tragic history under Nazi rule. The two-thirds or “super majority” rule applies to decisions of major significance, such as constitutional amendments and key judicial or security appointments. This safeguard ensures that sweeping changes require broad support from multiple political parties rather than a single dominant one.
The idea behind a blocking minority is to allow any party that commands a significant portion of the vote, at least a third of seats in parliament, to prevent a two-thirds majority. While this mechanism is meant to protect diverse political representation, it also risks being exploited by a party like the AfD, which challenges liberal democratic norms. The AfD could use their new-found power in Thuringia to hinder key appointments or changes, essentially stalling the political system and damaging public trust in the state.
Where is a two-thirds majority needed in Thuringia?
In Thuringia, two-thirds majorities are crucial for several key functions:
- Appointments to the state’s Constitutional Court
- The committee that appoints and confirms other judges
- Oversight of security services
- Selection of the official in charge of the state’s security agency, which monitors extremist threats, including the AfD itself
By controlling more than one-third of the seats in Thuringia’s parliament, the AfD now has the ability to block these decisions, potentially leaving key roles unfilled and creating a legal and administrative bottleneck.
Will the AfD block all nominations?
On election night, Björn Höcke, the controversial leader of the AfD in Thuringia, declared that the party would use its new blocking minority to prevent other parties from sidelining them. The AfD has a history of using legislative and judicial tools to slow down state institutions in Germany, increasing their influence even when they are not in power. The party has been one of the most frequent sponsors of cases brought before Germany’s Federal Constitutional Court, deliberately packing the court’s docket with a large volume of cases.
Given their past behavior and statements from Höcke, the AfD is likely to block nominations, particularly in areas related to judicial appointments and security oversight. They have long been accused of attempting to “clog” state machinery, which would only intensify with their new powers.
How much harm could a blocking minority cause?
If the AfD uses its blocking minority to prevent the appointment of constitutional court judges in Thuringia, the judiciary could face a significant crisis. By 2029, the terms of all current judges on the state Constitutional Court will have expired. Without replacements, the court’s ability to function will be severely compromised. Additionally, Thuringia’s lower courts are already operating with an aging bench, many judges having been in place since German reunification in 1990. Prolonged stalling on judicial appointments could lead to lengthy delays in court proceedings, making it harder for the legal system to deliver timely justice.
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Consequences beyond the judiciary
The AfD thrives on a narrative that portrays the German state as inefficient and out of touch with its citizens. If the party can cause visible dysfunction in Thuringia’s judiciary, it could reinforce this perception among voters. Delays in court rulings on everything from civil matters like divorce and property disputes to criminal cases would exacerbate frustrations with the system. While Thuringia accounts for less than 3% of Germany’s population, the political and administrative paralysis caused by the AfD could have far-reaching effects, influencing voters across the country as Germany gears up for a national election in 2025.
What can be done to counter the AfD’s influence?
At the national level, the German government and opposition have recently worked together to amend the constitution, aiming to prevent a future populist party from disabling the Federal Constitutional Court. However, in Thuringia, such amendments have not been implemented, and state politicians may have no choice but to negotiate with the AfD on a case-by-case basis, despite public declarations that they will not cooperate with the far-right party.
Legal scholars, like Anna-Mira Brandau from Erfurt University, have proposed temporary measures, such as allowing the federal government to delegate judges and courts to handle cases in Thuringia. Such stopgap solutions, however, would be controversial and may not be viable in the long term.
Conclusion
The AfD’s blocking minority in Thuringia represents a significant political shift in Germany, raising questions about how far-right parties can disrupt democratic institutions without holding direct power. While the situation is isolated to one state for now, its implications for Germany’s political landscape are far-reaching, particularly with national elections looming.
