Well....this goes to Article 18 in the German Constitution....which says if you threaten a couple of key 'rights'.....you are banned from participating as a party in German politics (even down to the local level).
One of the 'rights' mentioned in '18'....is the right to asylum. It's an odd wording. To be honest, it's simply a right to apply for asylum....it's NOT a right to guarantee asylum. You could have ten folks apply (different countries, different reasons, different background), and five would pass, with five failing (meaning a deportation notice).
On this level, I'd say that if pushed to the Constitutional Court to toss the AfD Party....they would pull out the text and look at the gut-AfD Party-supporters, and tell them the text is not meaningful and can't be meaning guaranteed asylum into Germany.
A second view? Lets say the Court says 'fine'....you can ban AfD.
What happens then? The party dissolves....it's members look around and figure the next party to take over. My humble view is that they'd join the BWS Party (run by former Linke Party player....Sahra Wagenknecht. Members (paying to be such) would then take over the party and Wagenknecht would be given a choice to support the agenda or be voted out.
Whether there's time to ban the BWS folks? Unknown. You'd be working against the 2024 schedule....with three key elections in the fall.
If BWS was dissolved next....the group would then go and membership-up with another minor party.
It's a crazy way of running things, but this minor party business makes for interesting scenarios like this in Germany.
I'm not pro or anti AfD.....but you usually can't go far in politics with a one-topic agenda. They've beaten the system....getting almost a decade now....just hyping one single topic.
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