Germany's domestic intelligence agency was on Friday waiting for judges to decide if they could go ahead with their plan to classify the far-right Alternative for Germany party as an extremist movement.
The intelligence agency – the Bundesamt für Verfassungsschutz (BfV) – designated the Alternative for Germany (AfD) party as a right-wing extremist organisation last week, claiming it was attempting to undermine free, democratic order in Germany.
AfD supporters said the move was politically motivated, and party leaders filed a lawsuit against the label in Cologne.
In a statement, the party accused intelligence services of violating the constitution by trying to criminalise the AfD's opinions and criticism of German immigration policy over the last decade.
“With our lawsuit, we are sending a clear signal against the abuse of state power to combat and exclude the opposition,” party co-leaders Tino Chrupalla and Alice Weidel said.
Intelligence chiefs say they are targeting the party over its stance against refugees and migrants.
The pause while the judges adjudicate means the BfV agency cannot proceed with plans to use informants or deploy video and audio surveillance of the activities of the AfD.
"The intelligence service’s decision is a first important step that would help counter the accusation of right-wing extremism," said Chrupalla and Weidel.
Formed in 2013, initially the AfD's ire was focused on financial bailouts for struggling eurozone members.
Its criticism of a 2015 decision by then-Chancellor Angela Merkel to allow large numbers of asylum seekers into Germany helped make the party a significant political force.
The AfD came second in February's parliamentary elections in Germany but has been excluded from the coalition government of Chancellor Friedrich Merz which formally took office on Tuesday.
Less than a week into his term in office, Merz's administration is facing scrutiny over the BfV's move – from the government of the United States.
In a social media post, Marco Rubio, US Secretary of State, said: “Germany just gave its spy agency new powers to surveil the opposition. That’s not democracy – it’s tyranny in disguise. What is truly extremist is not the popular AfD – which took second in the recent election – but rather the establishment’s deadly open border immigration policies that the AfD opposes. Germany should reverse course.”
In his own post, US Vice-President JD Vance referred to the Cold War between the Soviet bloc and Western powers, writing: "The AfD is the most popular party in Germany, and by far the most representative of East Germany. Now the bureaucrats try to destroy it. The West tore down the Berlin Wall together. And it has been rebuilt – not by the Soviets or the Russians, but by the German establishment.”
Responding to the comments, the German foreign ministry said: "The [BfV]'s decision is the result of a thorough and independent investigation to protect our constitution and the rule of law. It is independent courts that will have the final say. We have learnt from our history that rightwing extremism needs to be stopped."