AfD and civil servants: resistance or retirement

The first AfD government in Saxony-Anhalt is not yet in office. But Federal Justice Minister Stefanie Hubig (SPD) is already pointing out that civil servants are obliged to object if an AfD-led state government instructs them to violate applicable law: If civil servants are given unlawful instructions by members of the AfD government, they must clearly express concerns. For example, if they receive instructions to no longer process naturalization applications or to no longer perform same-sex marriages.

After all, there are more reservations about the AfD among civil servants in Saxony-Anhalt than elsewhere. In the state elections on September 6th, civil servants were the professional group with the lowest proportion of AfD voters. Only 38 percent of them voted for the right-wing extremist party. And before the state elections, 50 judges and 7 public prosecutors in the eastern German state called for an AfD ban.

Nevertheless, officials in ministries, town halls and authorities are not exactly trained to contradict their superiors. On the contrary, in the Prussian tradition, they are supposed to ensure that the state functions. Many years ago, a CSU interior minister in Bavaria postulated that civil servants couldn't walk around all day with the Basic Law under their arms. This meant those men and women from the State Office for the Protection of the Constitution.

The taz is an independent, left-wing and opinionated daily newspaper. We have been arguing in our comments, essays and debate texts since the taz was founded in 1979. We often cannot and do not want to agree on an opinion. That's why you'll find some completely opposing positions here - all part of the very broad left-wing spectrum of opinions.

But objection is mandatory. According to the law, they must check the legality of official actions and report legal concerns to their direct superiors. In civil service law this is called remonstration. If the superior sees the instruction as justified and does not address the concerns, the officer must contact the next highest-ranking superior. If he also believes that the instruction is correct, the brave officer must carry out the instruction. However, he can note his objection in the file.

Whistleblowing, which has been supported since 2023 with the new Whistleblower Protection Act, could be more effective than remonstrance for law enforcement officials. While civil servants previously had to strictly follow official channels with complaints about illegal official procedures, in the case outlined by Hubig, civil servants could now contact the federal central reporting office.

After the elections in Saxony-Anhalt and Mecklenburg-Western Pomerania, there is a threat of an AfD government for the first time. The taz reports what is at stake - and who is now defending democracy. All texts about the series can be found here.

However, going directly to the public, such as the press, is associated with uncertainty. Officials must have previously contacted the registration offices without success. In addition, leaked violations must pose an immediate threat to the life and limb of people. If this is later assessed differently in disciplinary proceedings, whistleblowers must expect severe consequences.

It is often difficult, especially for non-lawyers in government service, to assess this correctly. Legal scientist Christian Thönnes at the Max Planck Institute for the Study of Crime, Security and Law in Freiburg is therefore proposing an independent clearing house that would provide officials with a legal assessment upon request. Overall, Thönnes sees civil servants as important actors in a defensive democracy.

The former deputy head of the police union Sven Hüber sees it similarly: “An AfD seizure of power does not release any official from his oath to protect the constitution, on the contrary.” He hinted at a scenario in which police officers might have to take action against a state government. The AfD and those around it took this as a declaration of war and then raised serious allegations from his time as a GDR border police officer, whereupon Hüber resigned. Officials who resist must – as the Hüber case shows – expect intimidation.

Pressure creates adaptation. Ulrich Siegmund, the top candidate in Saxony-Anhalt, threatened during the election campaign to replace up to 200 civil servants in the government apparatus - far more than the layer of political officials who are usually replaced by their own people when there is a change in government. This can be seen as intimidation. Despite his "assurance" that no one has to worry: "We extend a hand to everyone, regardless of their political stripe. Unless there is an attempt to actively block our work. Then administrative measures will certainly take effect."

Personnel exchange is a proven method for authoritarian regimes to consolidate their power within the apparatus. In their book “Making a Career in Dictatorship,” the political scientists Christian Gläßel and Adam Scharpf have shown that a large number of convinced party supporters are not needed to replace stubborn administrators. Those in the administrative apparatus who have not yet made a career under the old leadership - for example due to insufficient qualifications - regularly turn out to be particularly flexible.

One should not overestimate the willingness of civil servants to resist or underestimate their ability to adapt. Studies in Israel also show this. Public administration employees who did not agree with the weakening of the judiciary by Benjamin Netanyahu's government did not take part in the resistance. They went into internal emigration or into retirement.

Transparency note: This text was created as part of a fellowship at the Max Planck Institute for the Study of Crime, Security and Law.