Leaked internal documents from the Alternative for Germany (AfD) party expose a controversial case involving Rüdiger Imgart, who currently serves as an honorary constitutional judge in Bavaria. In January 2016, the AfD district association of Upper Bavaria-Southwest urgently requested the expulsion of Imgart, citing his allegedly radical views and racism. The association warned that allowing him to remain in the party could lead to its opening toward right-wing extremist circles.
The documents, verified by BR Recherche as authentic, detail serious accusations against Imgart presented to the state arbitration court in April 2016. He was alleged to have used racial slurs on Facebook, disparaged specific population groups, and established parallel structures through so-called "comradeship evenings." Furthermore, reports suggested he had considered cooperation with the National Democratic Party (NPD). Despite these findings, the state party leadership under Petr Bystron and Katrin Ebner-Steiner opted not to expel him. Instead, they suspended his membership rights for a year and a half, barring him from voting or standing in internal elections.
Imgart appealed this sanction to the federal arbitration court (BSG). Approximately one year later, the BSG overturned the penalties entirely, restoring Imgart's full membership rights and ordering the party to cover his legal costs. The federal court ruled that the original application from Bavaria was formally invalid due to a missing signature required by the party statutes. Consequently, the court deemed a substantive review of the specific allegations unnecessary.
Legal expert Kathrin Groh, a professor at the University of the Bundeswehr Munich, criticized this outcome. She argued that dismissing such serious disciplinary measures based solely on a formal error was inappropriate and implicitly suggested the accusations were not severe. Imgart has denied the allegations, stating that the Facebook posts in question were largely not his and that he never pursued an extremist orientation or sought to align with right-wing extremists.
Following his rehabilitation within the party, Imgart's political career advanced significantly. He became a candidate for the state parliament and was elected to local councils in Weilheim. In 2018, on the proposal of the AfD parliamentary group, he was appointed as a non-professional member of the Bavarian Constitutional Court, the highest court in the state. This appointment drew sharp criticism from Groh, who described it as rewarding an individual previously flagged for radical tendencies.
In August 2020, Imgart was photographed at a demonstration in Berlin alongside representatives of Pegida, a group monitored by the Bavarian intelligence service. The event featured imperial flags and attempts to storm the Bundestag. While Imgart confirmed his presence, he stated he did not participate in the subsequent actions at the parliament building. He has publicly affirmed his commitment to the democratic basic order and human dignity. However, Groh views this as a mere lip service, noting that constitutional judges must demonstrate exceptional loyalty to the constitution. Political scientist Michael Koß described the case as paradigmatic of the AfD's continuous radicalization. Imgart was re-elected to his position as an honorary constitutional judge by the Bavarian state parliament in early 2024 and continues to hold the office.
Sources: Tagesschau.