Angel Doris
MAGDEBURG — A prominent constitutional law expert, Professor Frauke Brosius-Gersdorf, recently asserted that the Alternative for Germany (AfD) party's election program in the state of Sachsen-Anhalt contains demands inconsistent with the German constitution. This statement arises after the AfD proposed a “welcome money” or birth fund for babies, contingent on at least one parent holding German citizenship, a policy that has ignited fierce debate regarding equality before the law and the principle of non-discrimination.
Professor Brosius-Gersdorf's sharp criticism, known for her expertise in German basic law, focuses on the discriminatory aspect of the proposal. In an interview with local media, she affirmed that the parental citizenship requirement for such a benefit violates Article 3 of the Basic Law (Grundgesetz), which guarantees equality for all individuals.
The AfD, a party continually seeking support with nationalist identity narratives and anti-migration policies, launched this program ahead of the regional elections in Sachsen-Anhalt scheduled for 2026. They claim the policy is designed to promote native German families and address demographic challenges.
However, according to Professor Brosius-Gersdorf, this “welcome money” concept explicitly creates two classes of citizens – those entitled to benefits and those not – based on ethnic background or citizenship, whereas all babies born in Germany should have equal rights before the state.
“Public funding must not be distributed based on descent or origin, but rather must be universal for all citizens who meet general criteria without discrimination,” stated Brosius-Gersdorf. She added that policies differentiating based on ethnicity are a fundamental violation of democratic principles and the rule of law.
This is not the first time controversy has surrounded an AfD program. The party frequently faces criticism for policies deemed to violate constitutional boundaries or liberal democratic values. This debate underscores the ongoing challenges Germany faces in balancing national identity with inclusive principles.
State government and opposition parties in Sachsen-Anhalt immediately responded to Professor Brosius-Gersdorf's statement. Several politicians expressed similar concerns, calling for a thorough evaluation of the legality of the AfD's proposal. They worry that such a policy could divide society and set a dangerous precedent.
Political observers predict that this controversy will become a central issue in the upcoming election campaign. Other parties will likely use this constitutional criticism to highlight ideological differences and their commitment to the state's fundamental principles.
On the other hand, AfD supporters argue that the program aims to protect German culture and identity, and that the state has the right to prioritize its own citizens. They reject accusations of discrimination, claiming the policy is a form of national sovereignty.
Sachsen-Anhalt's state election committee will likely review the AfD's program following criticism from the legal expert. If strong indications of constitutional violation are found, the party may be asked to revise its platform or face legal challenges. This is not the first time an AfD program has faced legal scrutiny. For more information on similar controversies, please read the article AfD Program Deemed Unconstitutional, Baby Aid Triggers Legal Controversy.
This situation highlights the fragility of the legal framework in confronting the growing wave of populism across Europe. This case will be a crucial test for German legal institutions in upholding the constitution amidst increasingly intense political pressure.
The German public, especially in Sachsen-Anhalt, now awaits further developments. Whether the AfD will maintain this controversial proposal or make modifications, and how the courts or constitutional oversight bodies will assess it, will determine the direction of political and legal discourse in the country in 2026 and beyond.
The final decision on the legality of the AfD's “welcome money” program will have broad implications, not only for Sachsen-Anhalt but also for the future interpretation of the German constitution regarding equality and non-discrimination across the federation. This is a battle of essential principles for the foundation of modern democracy.
