The Left Party has initiated legal action against two government ministers for allegations of antisemitism, while Chancellor Friedrich Merz has faced multiple lawsuits from various parties. This raises questions about the use of lawsuits as a political strategy in Germany.
The situation escalated during a political talk show shortly after the Berlin election on September 20, where the Left Party emerged victorious. Host Maybrit Illner mistakenly referred to the Left Party's Berlin mayoral candidate, Elif Eralp, as claiming to be an antisemite, which she later corrected. Federal Interior Minister Alexander Dobrindt of the Christian Social Union (CSU) responded to the correction by stating, "Na doch" (or, "well, yes she is"), prompting the Left Party to file a lawsuit for defamation, arguing that Dobrindt's comment undermined Eralp's integrity as a political figure.
This is not the first instance of the Left Party resorting to legal action following its election win, as it has faced accusations of antisemitism from center-right factions, particularly after an incident during a campaign event involving a rapper's inflammatory remarks.
Economy Minister Katherina Reiche also faced backlash from the Left Party after claiming that it was "openly embracing antisemitism" in a speech shared on the Economy Ministry's Instagram account.
In recent years, lawsuits have become a common political tool in Germany, often citing sections of the German Criminal Code related to defamation. The potential penalties for such offenses can include fines or imprisonment. For example, in September 2025, the Alternative for Germany (AfD) filed defamation charges against Chancellor Merz for his comments regarding their remigration policy, which he described as "ethnic cleansing."
Similarly, the Green Party in Berlin filed hate speech charges against Merz for remarks about immigrants in the city. In another case, Green Party member Robert Habeck was sued by the Alliance for Social Justice and Economic Reason for suggesting that the new party was "buying votes" online, although the case was dropped after Habeck agreed to donate to charities without admitting wrongdoing.
Legal experts, including media lawyer Christian Solmecke, note that such defamation claims often lack sufficient grounds for prosecution and are typically dismissed by prosecutors. The Federal Constitutional Court has established that political discourse allows for a broader range of permissible criticism compared to private matters.
Felix Zimmermann, editor-in-chief of Legal Tribune Online, emphasized that the distinction between opinion and false statements is crucial, especially in politically charged contexts. Despite the low success rate of these lawsuits, their prevalence indicates a shift in political culture towards more aggressive tactics.
Solmecke warned that the increasing use of legal actions as political weapons could lead to the misuse of law enforcement for political ends. However, the strategic value of such lawsuits remains, as they generate media attention and can serve as effective public relations moves for the parties involved.
In the case of the Left Party, Zimmermann suggested that challenging accusations of antisemitism is important for their political aspirations, particularly as Eralp seeks to become mayor. The lawsuit against Reiche may have stronger grounds due to the official nature of her comments on social media, which could violate the principle of neutrality in political discourse.
Despite the urgency of the Left Party's complaint against Reiche, the Constitutional Court's decision may take weeks or months, potentially limiting the impact of the lawsuit on ongoing coalition negotiations in Berlin.