German Court Rejects AfD's Bid for Retroactive Foundation Funding

The Federal Constitutional Court ruled that retroactive subsidies for the AfD-affiliated Desiderius-Erasmus-Stiftung from 2019 to 2021 are not legally enforceable.

The Federal Constitutional Court denied the AfD's request for retroactive funding for its affiliated Desiderius-Erasmus-Stiftung (DES) for 2019, 2020, and 2021, citing legal and procedural constraints.
Judges clarified that the February 2023 ruling, which found the DES's exclusion from 2019 funding violated the AfD's right to equal opportunity, did not mandate retroactive payments.
The court emphasized that retroactive enforcement cannot expand the scope of prior rulings, and no enforceable decisions existed for 2020 and 2021.
In response to the 2023 ruling, the Bundestag passed a law requiring political foundations to meet stricter criteria, including sustained parliamentary representation and commitment to democratic principles, to qualify for funding.
The DES remains excluded from state subsidies, while the AfD continues to challenge the 2023 funding law in court, with decisions still pending.