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EU's International Relations Strategy

AfD MP Joachim Paul barred from mayoral bid due to concerns over allegiance to the constitution, potentially causing turmoil for the party.

Foreign relations of the European Union
Foreign relations of the European Union

EU's International Relations Strategy

In the political landscape of Germany, a contentious issue has arisen surrounding the "Remigration concept" proposed by Martin Sellner, a key figure in the Identitarian Movement. This concept, which advocates for the forced repatriation of migrants, has been deemed unconstitutional by several courts, including the Administrative Court in Munich.

Martin Sellner has been touring Germany with this concept since 2023, sparking debates and controversies. One of the most prominent figures to show proximity to Sellner and his concept is Joachim Paul, an AfD state parliamentarian.

In a lecture at a student fraternity in mid-November 2023, Paul referred to the "Remigration" concept, echoing the demands of the Identitarian Movement. This proximity led to a comprehensive assessment by the constitutional protection, which detailed Paul's positions, right-wing extremist contacts, and supported groups.

The constitutional protection also attributed an ideological closeness between Paul and Sellner's "Remigration" concept. This assessment has set a significant precedent, as Paul was subsequently excluded from running for the mayoral election in Ludwigshafen.

The Ludwigshafen election committee used this information to justify Paul's exclusion, citing the need to protect the individual from an extremist administration. This decision was based on the principle that individuals seeking public authority functions must demonstrate a commitment to the constitution, a prerequisite emphasised by renowned constitutional lawyer Kyrill-Alexander Schwarz.

Schwarz sees Paul's case as a precedent, stating that "constitutional loyalty" is a prerequisite for holding a public office, such as the position of mayor in Ludwigshafen. This decision could set a precedent for future politicians promoting the "Remigration concept" to be excluded from elections for political offices.

However, it's important to note that members of parliament are not part of the public service, unlike individuals who wish to assume public authority functions. This distinction is crucial in understanding the application of the exclusion principle.

The "Remigration concept" disregards the egalitarian understanding of citizenship protected by both human dignity and the principle of democracy, treating German citizens with a migration background as second-class citizens. The concept targets "non-assimilated citizens" for expulsion through "adaptation pressure" and "tailor-made laws."

Since 2024, several courts, including the Federal Administrative Court in Leipzig, have ruled the "Remigration concept" unconstitutional. Despite this, Paul and the AfD have appealed the decision and submitted an unanswered minor interpellation in the state parliament.

This case is not unique; similar incidents have occurred in the past, such as the exclusion of AfD member Haik Jaeger and NPD members in Schwerin and Ludwigslust. As the debate surrounding the "Remigration concept" continues, it remains to be seen how future courts and election committees will handle similar cases.

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