Germany is considering a potential ban of the far-right Alternative für Deutschland (AfD) party due to its increasingly anti-democratic rhetoric and potential leanings towards fascism. However, in Österreich, a similar ban is not constitutionally permitted. The highest courts in Germany are not mandated to prohibit political parties, even if they actively oppose democratic principles. While a complete ban is off the table in Österreich, exclusion from elections is considered a plausible response to extremist ideologies. This divergence highlights differing approaches to managing far-right extremism within Europe. The issue revolves around balancing freedom of expression with the protection of democratic foundations. Legal experts are debating the threshold for justifying a party ban in Germany, as it requires substantial evidence of concrete anti-constitutional aims.