Financing political parties

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MONTENEGRO

2005

 EUROPEAN COMMISSION

 

The laws on political parties and their financing are being implemented with difficulty. Political parties failed to fully observe the legal deadlines and procedures for reporting financial assets and the financial management of electoral campaigns. Moreover, this law was further amended in May 2005 in a way that undermines the principle of equity in the election process and abolishes the upper limit for budgetary allocations.[1]

 COUNCIL OF EUROPE

 

Difficulties have been noted with the implementation of the Law on Financing of Political Parties.  The constitutionality of a recent amendment of the legislation related to the allocation of resources for financing electoral campaigns is currently challenged.[2]

2006

 EUROPEAN COMMISSION

 

The laws on political parties and their financing are being implemented with difficulty. Political parties failed to observe the legal deadlines and procedures for reporting financial assets and the financial management of electoral campaigns.[3]

2007

 EUROPEAN COMMISSION

 

There have been no improvements in activities to curb political corruption. The funding of political parties and election campaigns lacks transparency. The laws on political parties and their financing are not being implemented sufficiently; there is no reliable disclosure of sources of income.[4]

 

2008

 COUNCIL OF EUROPE

 

There continues to be a lack of clarity in the rules governing the financing of the campaigns since new legislation on political parties, especially on the funding of political campaigns, has not yet been adopted.[5]

 

Several legislative changes, important for the functioning of democratic institutions, are still pending: a law on the financing of political parties, amendments to the law on Members of Parliament, to the law on Minorities and to the law on the State Prosecutor.[6]

Adopt laws on political parties, their financing and the financing of election campaigns in line with the recommendations of the Venice Commission.[7]

 

SERBIA

2005

 EUROPEAN COMMISSION

 

While the law on the financing of political parties has had some positive effects in terms of increased financial transparency, problems still exist with the content of the law and its implementation.[8]

 

The electoral law reform in Serbia has not yet been completed and the legislation on financing of political parties, which has had some positive impact, has not yet been fully implemented.[9]

 COUNCIL OF EUROPE

 

Difficulties have been noted with the implementation of the Law on Financing of Political Parties. The constitutionality of a recent amendment of the legislation related to the allocation of resources for financing electoral campaigns is currently challenged.  A similar lack of accountability related to the state financing of political parties has also been raised in Serbia[10]

 

2006

 EUROPEAN COMMISSION

 

The implementation of the laws on conflict of interests and on the financing of political parties continues to face difficulties, notably concerning the inefficient mechanisms for sanctions. Around 40% of public officials failed to report on their assets and income, and a high number of political parties failed to submit their financial reports to the parliamentary committee for finances, within the set deadlines.[11]

2007

 EUROPEAN COMMISSION

 

Recent elections highlighted shortcomings in the regulations on the financing of political parties. The new official form for transparent reporting, adopted by the Ministry of Finance, was not implemented. Political parties failed to disclose complete information on their finances and adequate enforcement procedures are not provided by the law. An independent audit of the declared finances did not take place.[12]

 COUNCIL OF EUROPE

 

The President of the Council for the Fight Against Corruption, Ms Verica Barac, has stated publicly that the financing of political parties is the cause of systematic corruption in Serbia and that the warnings of the Council have been ignored by the Government. She pointed in particular to the division of state functions between the parties, including public and state-owned companies, as a major source of political party funding.[13]

 

One of the main complaints of the independent Anti-Corruption Commission is that the legislation covering this area[14] is incomplete and notably has left a gap in relation to the financing of political parties. There are very little means for the independent control bodies to evaluate the level of public funds being used to finance political parties.[15]

 

BOSNIA AND HERZEGOVINA

2005

 EUROPEAN COMMISSION

 

Staff shortages at the Audit Department of the Electoral Commission hamper implementation of the Law on Political Party Financing.[16]

 COUNCIL OF EUROPE

 

With respect to other relevant legislation, the implementation of the Law on Political Party Financing has faced difficulties mainly because of a lack of staff in the Audit Department of the Electoral Commission.[17]

2007

 EUROPEAN COMMISSION

 

Amending the laws on elections and on the financing of political parties is necessary to prevent corrupt practices, and the law on conflict of interest needs to be further clarified. Prevention and enforcement need to be strengthened.[18]

 

ALBANIA

2007

 EUROPEAN COMMISSION

 

No legislation exists to allow enforcement of the constitutional obligation for political parties to make public their sources of finance. [19]

 

Much work is still needed on all aspects of this problem, including judicial accountability and transparency of political party funding. [20]

 

CROATIA

2005

 EUROPEAN COMMISSION

 

More generally, there is a need in Croatia for consistent and permanent electoral legislation which regulates issues such as the voters lists, out-of-country voting, and campaign financing in a transparent manner.[21]

 

The legal framework to combat corruption seems to be largely in place, although legislation on the financing of political parties is missing. [22]

 

Still lacking from the legislative framework, however, is the development and implementation of legislation on the financing of political parties, making their assets and financial supporters more transparent.[23]

2006

 EUROPEAN COMMISSION

 

Legislation on the financing of political parties has been presented to Parliament.[24]

 

The question of financing of election campaigns is not included in the legislation.[25]

 

Attention should be paid to high level and political corruption as well as to prevention and awareness-raising on the negative impact of corruption, including on the investment climate.[26]

 

On-going allegations of corruption in connection with coalition-building following the 2005 local elections (which led to repeat elections in some cases) for example need to be seriously investigated and appropriate action taken. [27]

2007

 EUROPEAN COMMISSION

 

In December 2006, the parliament adopted a Law on the financing of political parties. This is an important step towards transparency and the fight against corruption. Proper implementation will be crucial, including with respect to financing of election campaigns and monitoring and adequate sanctions where breaches are found.[28]

 

Legislation on the financing of political parties was amended the same month with the aim of introducing greater transparency. Particular attention will now need to be paid to implementation in practice, including with respect to financing of election campaigns as well as adequate monitoring and sanctions where breaches are found.[29]

 

MACEDONIA

2005

 EUROPEAN COMMISSION

 

Changes in the electoral code included the obligation for each party to account for its campaign expenses. [30]

 

The legislative provisions on the financing on political parties, in particular the Law on the funding of political parties which entered into force in January 2005, will have to be fully implemented. This will require tightening up control by the State Audit Office.[31]

2006

 EUROPEAN COMMISSION

 

The implementation of the regulations on political parties’ finances and election campaign financing are serious challenges, including for the State Audit Office capacity to determine irregularities. [32]

 

Changes in the electoral code before the July parliamentary elections included the obligation for each party to account for its campaign expenses.[33]

2007

 EUROPEAN COMMISSION

 

The State Anti-Corruption Commission and the State Audit Office assessed the financing of the political parties during the elections. They found that campaign costs had exceeded the limits set by law, and that many unreported donations had been received, in particular in the form of under-priced media advertising. The electoral code does not, however, penalise such donations.[34]

 

Amendments to the anti-corruption law have been enacted to prohibit political parties from receiving and spending funds from anonymous sources.[35]

 

The law on prevention of corruption was amended to prohibit political parties from collecting and spending funds from anonymous sources.[36]

 

BULGARIA

2004

 EUROPEAN COMMISSION

 

There is still little transparency regarding the personal interests of elected officials and the financing of political parties and election campaigns. [37]

2005

 EUROPEAN COMMISSION

 

A new Law on Political Parties was adopted in March 2005, setting out a number of anti-corruption measures to guarantee the transparency and accountability of political party funding, including a complete ban on anonymous donations and better mechanisms for monitoring the activities of political parties.[38]

2006

 EUROPEAN COMMISSION

 

The Law on Political Parties does not cover donations in kind. Donations from political foundations to parties are not subject to scrutiny by the national audit office. Political parties are not obliged to make public their donors. [39]

 

Amendments to the Law on Political Parties were adopted in August 2006. These amendments stipulate that members of the governing and controlling bodies of the political parties have to declare all their domestic and foreign assets, income and expenditure to the National Audit Office. Political parties have to name their donors as well as the type and value of donations. Furthermore, political parties now also have to submit to the National Audit Office a list of (non-profit) bodies in which their senior members participate. In September 2006, the National Audit Office made public the results of a detailed audit of the financial activities and the management of the property of political parties.[40]

 

ROMANIA

2005

 EUROPEAN COMMISSION

 

There has not yet been any progress on making the financing of political parties more transparent. [41]

2006

 EUROPEAN COMMISSION

 

In April 2006 the Government proposed a Law to amend current rules on financing political parties in order to oblige all finance sources to be published in the Official Gazette.[42]

 

The criminal liability for legal persons has been introduced and new legislation was adopted tightening the rules on the financing of political parties.[43]

 

In July new legislation was adopted tightening the rules on the financing of political parties.[44]

 


[1] European Commission, Serbia and Montenegro 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005 SEC (2005) 1428, Political situation, Democracy and the rule of law, Anti-corruption policy, p. 17

[2] Council of Europe,  SG/Inf(2006)01, Serbia and Montenegro:Compliance with obligations and commitments and implementation of the post-accession co-operation programme, Tenth report (October 2005 – January 2006) 19 January 2006, Rule of law, Fight against corruption and organised crime , p.17

[3] Commission of the European Communities, Commission Staff Working Document Montenegro 2006 Progress Report EN {COM (2006) 649 final}, Brussels, 08.11.2006 SEC (2006) 1388, Political situation, Democracy and the rule of law, Anti-corruption policy, p. 11

[4] Commission of the European Communities, Commission Staff Working Document Montenegro 2007 Progress Report {COM(2007) 663 final}, Brussels, 6.11.2007 SEC(2007) 1434, , Political situation, Democracy and the rule of law, Anti-corruption policy, p. 11 – 12

[5] Council of Europe, SG/Inf (2008) 9 final Montenegro: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, Secretariat Monitoring Report (from August 2007 through April 2008), 11 June 2008, General Political Context, Presidential elections, p. 4

[6] Council of Europe, SG/Inf (2008) 9 final Montenegro: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, Secretariat Monitoring Report (from August 2007 through April 2008), 11 June 2008, Democratic Institutions, Parliament, p. 5

[7] Council of Europe, SG/Inf (2008) 9 final Montenegro: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, Secretariat Monitoring Report (from August 2007 through April 2008), 11 June 2008, Conclusions and Recommendations, Recommendations, p. 15

[8] European Commission, Serbia and Montenegro 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005 SEC (2005) 1428, Political situation Democracy and the Rule of Law, Anti-corruption policy,  p. 17

[9] European Commission, Serbia and Montenegro 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005 SEC (2005) 1428, European partnership: overall assessment, Political situation, p.54

[10] Council of Europe,  SG/Inf(2006)01, Serbia and Montenegro: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, Tenth report (October 2005 – January 2006) 19 January 2006, Rule of law, Fight against corruption and organised crime, p.17

[11] Commission of the European Communities, Commission Staff Working Document, Serbia 2006 Progress Report, {COM(2006) 649 final}, Brussels, 8.11.2006 SEC(2006) 1389, Political criteria, Democracy and the rule of law, Anti-corruption policy, p.11

[12] Commission of the European Communities, Commission Staff Working Document Serbia 2007 Progress Report, {COM(2007) 663 final}, Brussels, 6.11.2007 SEC(2007) 1435, Political criteria , Democracy and the Rule of Law, Anti-corruption policy,  p. 11

[13] Council of Europe, SG/Inf (2007) 05 final, Serbia: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, 2nd Report:  Update on developments (November 2006 – June 2007), 18 July 2007, Rule of Law, Fight against corruption and organised crime, p.11

[14] Area of the fight against corruption

[15] Council of Europe, SG/Inf (2008) 3, Serbia: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, 3rd Report (July 2007 – January 2008), 16 January 2008, Recent Developments, Rule of law , p.6

[16] European Commission, Bosnia and Herzegovina 2005 Progress Report, {COM (2005) 561 final}, Brussels, 9 November 2005, SEC (2005) 1422, Political situation, Democracy and the rule of law, p.10

[17] Council of Europe, Bosnia and Herzegovina: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, Tenth Report (February – April 2005), Democratic institutions, Strengthening and functioning of democratic institutions (at state and entity level), Election legislation, p.6

[18] Commission of the European Communities, Commission Staff Working Document Bosnia and Herzegovina 2007 Progress Report {COM(2007) 663 final}, Brussels, 6.11.2007 SEC(2007) 1430, Political criteria, Democracy and the rule of law, Anti-corruption policy, p.14

[19] Commission of the European Communities, Commission Staff Working Document, Albania 2007 Progress Report , {COM(2007) 663 final, Brussels, 6.11.2007, SEC(2007) 1429, Political criteria, Democracy and the rule of law, Anti-corruption policy, p. 10

[20] Ibid, p. 10

[21] European Commission, Croatia 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005 SEC (2005) 1424, Political criteria, Democracy and the rule of law, Government, p.12

[22] European Commission, Croatia 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005 SEC (2005) 1424, Political criteria, Democracy and the rule of law, Anti-corruption policy, p.16

[23] European Commission, Croatia 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005 SEC (2005) 1424, Ability to assume the obligations of membership, Chapters of the acquis, Judiciary and fundamental rights, p.87

[24] Commission of the European Communities, Commission Staff Working Document Croatia 2006 Progress Report, {COM (2006) 649 final}, Brussels, 08.11.2006 SEC (2006) 1385, Ability to assume the obligations of membership, Judiciary and fundamental rights, p.50

[25] Ibid, p.51

[26] Ibid, p.51

[27] Ibid, p.51

[28] Commission of the European Communities, Commission Staff Working Document Croatia 2007 Progress Report, {COM(2007) 663 final}, Brussels, 6.11.2007 SEC(2007) 1431, Political criteria, Democracy and the rule of law, Parliament, p.7

[29] Commission of the European Communities, Commission Staff Working Document Croatia 2007 Progress Report, {COM(2007) 663 final}, Brussels, 6.11.2007 SEC(2007) 1431, Ability to assume the obligations of membership, Judiciary and fundamental rights, p.50

[30] Commission of the European Communities, Commission Staff Working Document, The Former Yugoslav Republic of Macedonia 2006 Progress Report, {COM (2006) 649 final}, Brussels, 08.11.2006 SEC (2006)1387

Political criteria, Democracy and the rule of law, Anti-corruption policy, p.10

[31] Commission of the European Communities, Analytical Report for the Opinion on the application from the former Yugoslav Republic of Macedonia for EU membership {COM (2005) 562 final}, Brussels, 9 November 2005 SEC (2005) 1425, Political criteria, Democracy and the rule of law, Political criteria, Democracy and the rule of law, Anti-corruption policy, p. 23

[32] Commission of the European Communities, Commission Staff Working Document, The Former Yugoslav Republic of Macedonia 2006 Progress Report, {COM (2006) 649 final}, Brussels, 08.11.2006 SEC (2006)1387

Political criteria, Democracy and the rule of law, Anti-corruption policy, p. 11

[33] Commission of the European Communities, Commission Staff Working Document, The Former Yugoslav Republic of Macedonia 2006 Progress Report, {COM (2006) 649 final}, Brussels, 08.11.2006 SEC (2006)1387, Ability to assume the obligations of membership, Judiciary and fundamental rights, p. 45

[34] Commission of the European Communities, Commission Staff Working Document the former Yugoslav Republic of Macedonia 2007, Progress Report, {COM(2007) 663 final} Brussels, 6.11.2007 SEC(2007) 1432, Political criteria, Democracy and the rule of law, Parliament, p.6

[35] Commission of the European Communities, Commission Staff Working Document the former Yugoslav Republic of Macedonia 2007, Progress Report, {COM(2007) 663 final} Brussels, 6.11.2007 SEC(2007) 1432, Political criteria, Democracy and the rule of law, Anti-corruption policy, p. 11

[36] Commission of the European Communities, Commission Staff Working Document the former Yugoslav Republic of Macedonia 2007, Progress Report, {COM(2007) 663 final} Brussels, 6.11.2007 SEC(2007) 1432, Ability to assume the obligations of membership, Judiciary and fundamental rights, p.50

[37] Commission of the European Communities, 2004 Regular Report on Bulgaria’s Progress Towards Accession, {COM(2004) 657 final}, Brussels, 6.10.2004 SEC(2004) 1199, Political criteria, Democracy and the rule of law, Anti-corruption measures, p.19

[38] European Commission, Bulgaria 2005 Comprehensive Monitoring Report, {COM (2005) 534 final}, Brussels, 25 October 2005 SEC (2005) 1352, Political criteria, Implementation of recommendations for improvements, Anti-corruption measures, p.11

[39] Commission of the European communities, Commission Staff Working Document Bulgaria, May 2006 Monitoring Report, { COM (2006) 214 final}, Brussels, 16/05/2006 SEC (2006) 595, Political criteria, Anti-corruption measures, p. 8

[40] Commission of the European Communities, Communication From the Commission, Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania, Brussels, 26.9.2006 COM(2006) 549 final, The issues highlighted in the conclusion of the may 2006 report which needed further action, Political criteria, Justice system, p.16

[41] European Commission, Romania 2005 Comprehensive Monitoring Report {COM (2005) 534 final}, Brussels, 25 October 2005 SEC (2005) 1354, Political criteria, Implementation of recommendations for improvements, Anti-corruption measures, p.13

[42] Commission of the European Communities, Commission Staff Working Document, Romania May 2006 Monitoring Report, {COM (2006) 214 final}, Brussels, 16/05/2006 SEC (2006) 596, Political criteria, Anti-corruption measures, p.7

[43] Commission of the European communities, Communication from the Commission, Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania, Brussels, 26.9.2006, COM(2006) 549 final, Romania, p.5

[44] Commission of the European communities, Communication from the Commission, Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania, Brussels, 26.9.2006, COM(2006) 549 final, The issues highlighted in the conclusion of the may report which needed further action, Political criteria, Anti-corruption measures, p.34

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