Political Finance Database

Romania

Romania

2018
Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
Question Value
1. Is there a ban on donations from foreign interests to political parties?
Code
Yes
Source

"(1) the Acceptance of donations from other states or organizations from abroad, as well as from individuals who do not have Romanian citizenship or by legal persons of other nationality than Romanian is prohibited, with the exception of those received from the citizens of member states of the European Union who have a domicile in Romania and who hold membership of the political party to which it has granted the donation.

(2) Notwithstanding the provisions of paragraph 1, donations consisting of material goods necessary for the political activity but which are not electoral propaganda materials, received from international political organizations to which the respective party is affiliated or from political parties or political organizations collaborating with the party in case are permitted. Propaganda materials that are to be used only during the electoral campaign for the election of the Romania's representatives to the European Parliament are also permitted."

Source: Article 15 (1) and (2), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

2. Is there a ban on donations from foreign interests to candidates?
Code
Yes
Source

"(1) It is forbidden to finance the electoral campaign, directly or indirectly, by natural persons who do not have Romanian citizenship or by legal persons of a non-Romanian nationality, with the exception of the financing by the citizens of the EU Member States that have their domicile in Romania, and are members of the political party whose electoral campaign contributes financially."

Source: Article 32 (1), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

3. Is there a ban on corporate donations to political parties?
Code
No
Comment

Blank

Source

Blank

4. Is there a ban on corporate donations to candidates?
Code
Yes
Comment

Blank

Source

(8) Contributions for the electoral campaign that may be submitted by the candidates or the financial agent may come only from donations received by candidates from individuals, from their own incomes or from loans from individuals or contracted with credit institutions.

Source: Article 28 (8), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

"(1) It is forbidden to finance in any way the electoral campaign of a party, of an alliance or of an independent candidate by a public authority, public institution, autonomous direction, national company, company governed by Law no. 31/1990, republished, with subsequent modifications and completions, or credit institution, to which the state or administrative-territorial units are majority shareholders, or by companies regulated by Law no. 31/1990, republished, with the subsequent amendments and completions, which carry out activities financed from public funds. The prohibition applies to companies governed by Law no. 31/1990, republished, with the subsequent amendments and completions, which, 12 months before the beginning of the electoral campaign, carried out activities financed from public funds."

Source: Article 33 (1), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

5. Is there a ban on donations from Trade Unions to political parties?
Code
Yes
Comment

It is prohibited to accept donations from a trade union or a religious cult, regardless of their nature.

Source

Source: Article 14 (3), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

6. Is there a ban on donations from Trade Unions to candidates?
Code
Yes
Source

"(2) It is forbidden to finance in any way the election campaign of a political party, a political alliance, an electoral alliance, an organization of citizens belonging to national minorities and an independent candidate by trade unions, religious cults, associations or foundations of Romanian nationality or of a nationality other than Romanian."

Source: Article 33 (2), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

7. Is there a ban on anonymous donations to political parties?
Code
Yes, above certain threshold
Comment

The identity of a donor can remain confidential if (s)he so requests, if the annual amount contributed is less than 10 minimum salaries.

Source

"(1) Upon receipt of the donation, verification and registration of the donor's identity shall be required, irrespective of its public or confidential nature.
(2) At the written request of the donor, his / her identity remains confidential, provided the donation is within the limit of the annual amount of 10 minimum gross national salaries.
(3) The total amount received by a political party as confidential donations may not exceed the equivalent of 0.006% of the revenue provided in the state budget for that year."

Source: Article 11 (1) - (3), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

8. Is there a ban on anonymous donations to candidates?
Code
No
Comment

No information found in the source.

9. Is there a ban on donations from corporations with government contracts to political parties?
Code
Yes
Source

Art. 33 - "(1) It is forbidden to finance in any way the electoral campaign of a party, of their alliance or of an independent candidate by a public authority, public institution, autonomous directorate, national company, company governed by Law no. 31/1990, republished, with subsequent modifications and completions, or credit institution, to which the state or administrative-territorial units are majority shareholders, or by companies regulated by Law no. 31/1990, republished, with the subsequent amendments and completions, which carry out activities financed from public funds. The prohibition applies to companies governed by Law no. 31/1990, republished, with the subsequent amendments and completions, which, 12 months before the beginning of the electoral campaign, carried out activities financed from public funds."

Source: Article 33 (1), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

10. Is there a ban on donations from corporations with government contracts to candidates?
Code
Yes
Source

Art. 33 - "(1) It is forbidden to finance in any way the electoral campaign of a party, of their alliance or of an independent candidate by a public authority, public institution, autonomous directorate, national company, company governed by Law no. 31/1990, republished, with subsequent modifications and completions, or credit institution, to which the state or administrative-territorial units are majority shareholders, or by companies regulated by Law no. 31/1990, republished, with the subsequent amendments and completions, which carry out activities financed from public funds. The prohibition applies to companies governed by Law no. 31/1990, republished, with the subsequent amendments and completions, which, 12 months before the beginning of the electoral campaign, carried out activities financed from public funds."

Source: Article 33 (1), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
Yes
Source

"(2) The political parties can not accept donations or services rendered free of charge from a public authority or institution, from an autonomous administration, from a national company, a company governed by Law no. 31/1990, republished, as subsequently amended and supplemented, or credit institution with full or majority state capital."

Source: Article 14 (2), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
Yes
Source

"(2) The political parties can not accept donations or services rendered free of charge from a public authority or institution, from an autonomous administration, from a national company, a company governed by Law no. 31/1990, republished, as subsequently amended and supplemented, or credit institution with full or majority state capital.
(5) The provisions of paragraph (1) to (4) shall apply accordingly to political alliances, electoral alliances and independent candidates.
(6) The provisions of paragraph (1) - (4) shall also apply to the organizations of citizens belonging to national minorities for the financing of electoral campaigns."

Source: Article 14 (2), (5) and (6), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
Yes
Source

Art. 14 - "(1) It is forbidden to use the financial, human and technical resources belonging to public institutions, autonomous regies, national companies, companies regulated by the Law no. 31/1990, republished, as subsequently amended or supplemented, or by credit institutions to which the state or administrative-territorial units are majority shareholders, in order to support the activity of the political parties or their electoral campaign, other than under the conditions established by the electoral laws."

Source: Article 14 (1), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
Code
Yes, for both natural and legal persons
Comment

Blank

Source

Source: Article 6 (2) and (3), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
Code
Annual limit is 200 minimum gross salaries for natural persons and 500 for legal persons.
Source

"(2) The donations received from a natural person during one year can amount up to 200 minimum gross base salaries at the country level, as of 1 January of the year in case.

(3) The donations received from a legal person during one year can amount up to 500 minimum gross base salaries at the country level, as of 1 January of the year in case.

(4) The total amount of the donations made by legal persons directly or indirectly controlled by another person or group of natural or legal persons can not exceed the limitations stipulated under paragraphs 2 and 3."

Source: Article 6 (2) - (4), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
Yes, for both natural and legal persons
Comment

There are limits for natural persons while the legal persons can't donate at all to political parties in relation to an election.

Source

Source: Articles 6 (2) and 28 (8) , The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
Code
The limit is 200 minimum gross salaries for natural persons while the legal persons can't donate at all to political parties in relation to an election.
Source

Art. 6 - "(2) The donations received from a natural person during one year can amount up to 200 minimum gross base salaries at the country level, as of 1 January of the year in case."

Art. 28 - "(8) Contributions for the electoral campaign that may be submitted by the candidates or the financial agents may come only from donations received by candidates from individuals, from their own incomes or from loans from individuals or contracted with credit institutions."

Source: Articles 6 (2) and 28 (8), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

18. Is there a limit on the amount a donor can contribute to a candidate?
Code
No
Comment

Contribution limits only exist for political parties. Note that partisan candidates can only finance campaigning through their parties, which mean that they have to provide funds to their party (and those funds thereby fall under the contribution limits to parties).

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
Not applicable
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
Code
Yes, specific limit for candidates
Source

Art. 28 - "(6) The maximum limits for contributions to the election campaign that may be submitted by the candidates or the financial agents are as follows:
a) 60 basic gross national salaries per country for each candidate for deputy or senator;
b) a minimum basic salary per country for each list of candidates at the commune's local council;
c) 3 minimum gross national salaries per country for each list of candidates at the local council of the city;
d) 5 basic minimum salaries per country for each list of candidates at the local council of the municipality;
e) 30 minimum gross national salaries per country for each list of candidates at the local council of the county seat;
f) 50 minimum gross national salaries per country for each list of candidates at the Sector Council of Bucharest;
g) 500 minimum gross national salaries per country for each list of candidates at the General Council of Bucharest;
h) 100 basic gross national salaries per country for each list of candidates at the county council;
i) 5 minimum basic salaries per country for each candidate for mayor of the commune;
j) 7 minimum gross salaries per country for each candidate for the mayor of the city;
k) 10 basic gross national salaries per country for each candidate for the mayor's office of the municipality;
l) 50 minimum gross national salaries per country for each candidate for the mayor of the county seat;
m) 100 minimum gross national salaries per country for each candidate for Bucharest mayor's office;
n) 150 minimum gross national salaries per country for each candidate for mayor of Bucharest;
o) 750 gross national minimum wages per country for each candidate for European Parliament;
p) 20,000 basic minimum salaries per country for the candidate for President of Romania."

Source: Article 28 (6), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

21. Is there a limit on in-kind donations to political parties?
Code
Yes
Source

"(5) The market value of the movable and immovable assets donated to the party, as well as the services rendered to it free of charge, shall be included in the value of the donations, within the limits provided in paragraph (1), (2) and (3).
(6) The valuation of the goods and services provided in par. (5) shall be carried out by authorized assessors according to the Government Ordinance no. 24/2011 on some measures in the field of valuation of goods, approved with amendments by Law no. 99/2013, as amended and supplemented."

Source: Article 6 (5)and (6), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

22. Is there a limit on in-kind donations to candidates?
Code
Yes
Comment

There is no explicit ban of in-kind donations to candidates but it can be deducted from the arti. 28 (3) of the law no. 334/2006 which state that the contributions shall be deposited or transfered. 

Source

"(3) The contributions for the electoral campaign shall be deposited or transferred into the accounts referred to in paragraph. (1) only by the candidates or by the financial agent, to their authority, with effect from the date of submission of the proposals of the candidates."

Source: Article 28 (3), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

23. Is there a ban on political parties engaging in commercial activities?
Code
Yes
Source

"(1) The sources of financing the activity of a political party are: ... c) income from its own activities, according to art. 16"

24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
Sometimes
Comment

Although the law no. 334/2006 includes the loans from individuals and legal entities as sources of financing for the political parties, there are also some limitations of the ammounts of money that can be borrowed from natural and legal persons, as well as a general threshold per year of the amounts of money which are subject of loans. 

Source

"(1) The amounts of money which are the subject of loans received by a political party in a fiscal year cannot exceed 0,025% of the income provided in the state budget for the respective year.
(2) The amounts of money which are the subject of loans received by a political party from an individual in a year can be up to 200 minimum gross salaries per country at the value existing on January 1 of that year.
(3) The amounts of money which are the subject of loans received by a political party from a legal person in a year can be up to 500 minimum gross salaries per country at the value existing on January 1 of that year.
(4) The total value of the sums of money which are the subject of loans granted to political parties by legal persons controlled directly or indirectly by another person or a group of natural or legal persons may not exceed the limits laid down in para. (1) - (3)."

Source: Article 28 (8), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No
Source

"(8) Contributions for the electoral campaign that may be submitted by the candidates or the financial agent may come only from donations received by candidates from individuals, from their own incomes or from loans from individuals or contracted with credit institutions."

Source: Article 28 (8), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
Code
No data
27. Are there provisions requiring donations to go through the banking system?
Code
Sometimes
Source

Art. 3 (9) - "The collection and payment operations of a political party shall be carried out through bank accounts in RON and in foreign currency opened with banks seated in Romania, according to the lawful provisions."

Art. 9 - "Cash donations whose value exceeds 10 gross national minimum wages shall be made only through bank accounts."

Source: Article 3 (9) and article 9, The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

Question Value
28. Are there provisions for direct public funding to political parties?
Code
Yes, regularly
Source

"(1) The political parties receive an annual subsidy from the state budget, according to the law.

 (2) The amount allocated annually to the political parties from the state budget is at least 0.01% and not more than 0.04% of the gross domestic product. ..."

Source: Article 18 (1) and (2), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

29. What are the eligibility criteria for political parties to receive public funding?
Code
  • Share of votes in previous election
  • Share of seats in previous election
Source

"75% of the annual budget allotted to political parties shall be divided to the same, in direct proportion with the number of votes obtained at the parliamentary elections, that is based on the average number of validly expressed votes for the Chamber of Deputies and the Senate, if they made the electoral threshold."

"25% of the annual budget allotted to political parties shall be divided to the same, in direct proportion with the number of validly expressed votes, obtained at the local election for county counselors and the counselors for Bucharest municipality, if they obtained at least 50 mandates of county counselor and counselor for Bucharest municipality."

Source: Articles 19 and 20, The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

30. What is the allocation calculation for political parties to receive public funding?
Code
Proportional to votes received
Source

"75% of the annual budget allotted to political parties shall be divided to the same, in direct proportion with the number of votes obtained at the parliamentary elections, that is based on the average number of validly expressed votes for the Chamber of Deputies and the Senate, if they made the electoral threshold."

"25% of the annual budget allotted to political parties shall be divided to the same, in direct proportion with the number of validly expressed votes, obtained at the local election for county counselors and the counselors for Bucharest municipality, if they obtained at least 50 mandates of county counselor and counselor for Bucharest municipality."

Source: Articles 19 and 20, The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
Ongoing party activities
Source

(1) The income from subsidies from the state budget can be used for the following purposes:

a) material expenses for the maintenance and operation of the premises; b) personnel expenses; c) media and propaganda expenses; d) expenses for the organization of political activities; e) expenses for travelling in Romania and abroad; f) expenses for telecommunications; g) expenses for delegations abroad; h) expenses for the membership fees due to the international political organizations to which the party is affiliated; i) investments in movable and immovable assets necessary for the activity of the respective party; j) protocol expenses; k) office supplies expenses; l) bank charges; m) expenses for the rents and utilities of the premises; n) car maintenance and repair costs; o) expenses with insurance; p) transport costs; q) fuel and oil costs; r) expenditure on the production and distribution of advertising spots; s) expenditure on political consultancy; t) expenditure on legal advice; u) expenditure on national and local opinion polls; v) expenses with the fees of lawyers, executors and experts; w) stamp duty expenses; x) expenses with taxes on registered trademarks; y) penalties.

(2) The use of income from subsidies from the state budget for any other purposes than those stipulated under paragraph 1 is forbidden."

32. Are there provisions for free or subsidized access to media for political parties?
Code
Yes
Source

"(1) The access of the political parties, their political alliances and their electoral alliances to the public broadcasting and television services, including those of their territorial studios, is free of charge..."

Source: Article 68 (1), Law no. 208/2015 on the elections to the Senate and the Chamber of Deputies, 2015

"(1) The access to public radio and television services for the candidates to the position of President of Romania shall be equal and free of charge."

Source: Article 36 (1), The Law no. 370 of September 20, 2004 for the election of the President of Romania, (republished in 2011, as of June 27, 2014)

33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
  • Equal
  • Number of candidates
  • Share of seats
  • Other
Source

"(1) ... Non-parliamentary political parties, political alliances and electoral alliances who submit complete lists of candidates in at least 23 electoral districts have free access to national public broadcasting and television services. ...
(2) The organizations of citizens belonging to national minorities shall have access to the territorial and national public broadcasting and television services if they participate in elections with lists of candidates in the electoral districts of the counties and in proportion to their share in the total population of the county, respectively of Romania.
(3) Until the calculation of the airtimes, according to par. (1) and (2), parliamentary political parties, their alliances and citizens' organizations belonging to national minorities represented in Parliament shall receive airtimes in proportion to their parliamentary representation."

Source: Article 68 (1), (2), (3) and (7), Law no. 208/2015 on the elections to the Senate and the Chamber of Deputies, 2015

"(1) The access to public radio and television services for the candidates to the position of President of Romania shall be equal and free of charge."

Source: Article 36 (1), The Law no. 370 of September 20, 2004 for the election of the President of Romania, (republished in 2011, as of June 27, 2014)

34. Are there provisions for free or subsidized access to media for candidates?
Code
Yes
Comment

The same as for political parties.

Source

"(1) The access of the political parties, their political alliances and their electoral alliances to the public broadcasting and television services, including those of their territorial studios, is free of charge..."

Source: Article 68 (1), Law no. 208/2015 on the elections to the Senate and the Chamber of Deputies, 2015

"(1) The access to public radio and television services for the candidates to the position of President of Romania shall be equal and free of charge."

Source: Article 36 (1), The Law no. 370 of September 20, 2004 for the election of the President of Romania, (republished in 2011, as of June 27, 2014)

35. Are there provisions for any other form of indirect public funding?
Code
Yes
Comment

The income resulted from own activities of parties is not subject to income tax.

Source

"(10) Revenues from the activities provided in paragraph (1) letter c) are exempt from taxes and fees."

Source: Articles 3 (10), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Code
Yes
Source

"(2) ... For political parties promoting women on electoral lists, on eligible places, the amount allocated from the state budget will be increased in proportion to the number of mandates obtained by women candidates."

Source: Article 18 (2), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

37. Are there provisions for other financial advantages to encourage gender equality in political parties?
Code
No
Comment

No information found in the source.

Question Value
38. Is there a ban on vote buying?
Code
Yes
Source

"(1) The offering or giving of money, goods or other benefits in order to determine the voter to vote or not to vote for a certain list of candidates or a particular candidate shall be punished by imprisonment from 6 months to 3 years and a ban on the exercise of certain rights.
(2) It does not fall under the category of goods provided in paragraph (1) goods of symbolic value, inscribed with the symbols of a political formation."

Source: Article 386, The Penal Code, 2009

39. Are there limits on the amount a political party can spend?
Code
No
40. If there are limits on the amount a political party can spend, what is the limit?
Code
Not applicable
41. Are there limits on the amount a candidate can spend?
Code
Yes
Source

"The maximum spending limits that can be made in the electoral campaign or for a referendum in a national electoral district or in a county / Bucharest / foreign electoral district, as the case may be, must fall within the maximum limits of contributions to the electoral campaign or for the referendum referred to in art. 28 to 31 for the respective constituency."

Source: Article 37, The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
The limits on expenditures vary based on the type of elections.
Source

(6) The maximum limits for contributions to the election campaign that may be submitted by the candidates or the financial agents are as follows:
 a) 60 gross base salaries per country for each candidate for deputy or senator;
 b) a gross base salary per country for each list of candidates at the commune's local council;
 c) 3 gross base salaries per country for each list of candidates at the city council;
 d) 5 gross base salaries per country for each list of candidates at the local council of the municipality;
 e) 30 gross base salaries per country for each list of candidates at the local council of the county seat;
 f) 50 gross base salaries per country for each list of candidates at the Sector Council of Bucharest;
 g) 500 gross base salaries per country for each list of candidates at the General Council of Bucharest;
 h) 100 gross base salaries per country for each list of candidates at the county council;
 i) 5 gross base salaries per country for each candidate for mayor of the commune;
 j) 7 gross base salaries per country for each candidate for the mayor of the city;
 k) 10 gross base salaries per country for each candidate for the mayor's office of the municipality;
 l) 50 gross base salaries per country for each candidate for the mayor of the county seat;
 m) 100 gross base salaries per country for each candidate for Bucharest mayor's office;
 n) 150 gross base salaries per country for each candidate for mayor of Bucharest;
 o) 750 gross base salaries per country for each candidate for European Parliament;
 p) 20,000 gross base salaries per country for the candidate for President of Romania.

Source: Article 28 (6), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
Yes, spending limit exists
Source

Art. 17– "(1) If a party is associated, according to the lawful provisions, to an apolitical organization, the financial contribution of the latter to the respective form of association can not exceed during one financial year the value of 500 minimum gross base salaries at the country level, as of 1 January of the year in case. (2) The total financial contribution for forms of association with apolitical organizations can not exceed during one year the equivalent of 0.006% of the income stipulated in the state budget for the year in case."

Source: Article 17 (1) and (2), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

44. Are there limits on traditional media advertising spending in relation to election campaigns?
Code
Yes, for candidates
Source

"(2) Contributions for the electoral campaign may only have the following destinations:
a) expenses for the production and dissemination of electoral propaganda materials on radio, television and in print media up to 40% of the total expenses that can be made during the electoral campaign;"

Source: Article 38 (2) letter a), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

45. Are there limits on online media advertising spending in relation to election campaigns?
Code
Yes, for candidates
Source

"(2) Contributions for the electoral campaign may only have the following destinations: ...
b) expenses for the production and dissemination of online electoral propaganda material, up to 30% of the total expenses that can be made during the electoral campaign;"
 

Source: Article 38 (2) letter b), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
No
Comment

Although the presentation of a report on the use of online media advertisment after the conclusion of elections can't be considered as a restriction, the existence of such a legal request should be observed.

Source

"(3^2) Within 30 days from the date of conclusion of the electoral campaign, the electoral competitors have the obligation to submit to the Permanent Electoral Authority a statement containing information on the description of the online electoral propaganda material, the production, the period and the space for their dissemination."

Source: Article 36 (3) (3^2), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

Question Value
47. Do political parties have to report regularly on their finances?
Code
Yes
Source

"(1) Annually, until April 30th, political parties have the obligation to submit to the Permanent Electoral Authority a detailed report of the revenues and expenditures realized in the previous year."

Source: Article 49 (1), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

48. Do political parties have to report on their election campaign finances?
Code
Yes
Source

Art. 28 (4) - "The funds obtained by political parties outside of the electoral campaign that have been transferred to the bank accounts opened at the central level, must be notified to the Permanent Electoral Authority, by the coordinating financial agent, within 5 days from the date of the transfer."

Art. 47 (1) -  "Within 15 days from the date of elections, coordinating financial agents are required to submit to the Permanent Electoral Authority detailed reports of income and election related expenses of political parties, political alliances, electoral alliances, organizations of Romanian citizens belonging to national minorities and of independent candidates, as well as the amount of debt recorded as a result of the campaign, accompanied by the declarations referred to in art. 28 para. (9)."

Source: Articles 28 (4)  and 47 (1), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

49. Do candidates have to report on their election campaign finances?
Code
Yes
Source

Art. 47 (1) -  "Within 15 days from the date of elections, coordinating financial agents are required to submit to the Permanent Electoral Authority detailed reports of income and election related expenses of political parties, political alliances, electoral alliances, organizations of Romanian citizens belonging to national minorities and of independent candidates, as well as the amount of debt recorded as a result of the campaign, accompanied by the declarations referred to in art. 28 para. (9)."

Source: Article 47 (1), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

50. Do third parties have to report on election campaign finances?
Code
No
51. Is information in reports from political parties and/or candidates to be made public?
Code
Yes
Comment

On the Internet and in the Official Journal of Romania.

Source

Art. 5 (4) - "Political parties shall publish in the Official Journal of Romania, Part I, by 30 April of the following year, the total amount of income from the membership fees obtained in the previous fiscal year, as well as the list of party members who paid in the previous fiscal year membership fees whose cumulated value exceeds 10 minimum gross salaries at the country level."

Art. 13 (1)  - "Political parties shall publish in the Official Journal of Romania, Part I the list of natural and legal persons who have made in the previous fiscal year donations whose cumulated value exceeds 10 minimum gross base salaries at the country level, the list of natural and legal persons who have given loans whose amount exceeds 100 minimum gross base salaries at the country level, as well as the total amount of the confidential donations, respectively, the total amount of loans with a value of under 100 minimum gross base salaries at the country level,received by 30 April of the following year."

Art. 44 (1) - "The Permanent Electoral Authority shall check annually and whenever notified the compliance of each party with the lawful provisions on the financing of political parties".

Art. 44 (3) - "The annual report shall be published in the Official Journal of Romania, Part I and on the web site of the Permanent Electoral Authority by 30 April of the following year."

Art. 47 (3) - "The Reports referred to in paragraphs (1) and (2), as well as the amount of debt recorded as a result of the electoral campaign shall be published by the Permanent Electoral Authority in the Official Journal of Romania, Part I within 60 days of the publication of the outcome of the elections."

Source: Articles 5 (4), 13 (1), 44 (1), 44 (3) and 47 (3), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Sometimes
Comment

Information must be published about natural persons who during one year have donated more than 10 minimum gross salaries.

Source

Art. 5 (5) - "The list indicated under paragraph 4 shall include the following elements: the last name and first name of the party member, citizenship, personal identification number, amount and date when the membership fee was paid."

Art. 11 (2) - "At the written request of the donor, his / her identity remains confidential, provided the donation is within the limit of the annual amount of 10 minimum gross national salaries."

Art. 13 (2) - "The list indicated under paragraph 1 shall include the following elements: a) for natural persons: last name and first name of the party member, personal identification number, citizenship, amount, type of donation and date when it was made;"

Source: Articles 5 (5), 11 (2) and 13 (2), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

53. Must reports from political parties and/or candidates include information on itemized income?
Code
Yes
Source

Art. 47 (1) -  "Within 15 days from the date of elections, coordinating financial agents are required to submit to the Permanent Electoral Authority detailed reports of income and election related expenses of political parties, political alliances, electoral alliances, organizations of Romanian citizens belonging to national minorities and of independent candidates, as well as the amount of debt recorded as a result of the campaign, accompanied by the declarations referred to in art. 28 para. (9)."

Art. 49 - "(1) Annually, until April 30th, political parties have the obligation to submit to the Permanent Electoral Authority a detailed report of the revenues and expenditures realized in the previous year. (2) The reports provided in paragraph (1) shall also include details of the incomes and expenses of the internal structures of the political parties provided for in art. 4 par. (4) of the Political Parties Act no. 14/2003, republished, of the income and expenses of persons directly or indirectly connected with the political party, as well as of the forms of association provided by art. 17 of the present law."

Art. 28 (9) - "Within 48 hours from the date of depositing an amount in one of the accounts provided for in paragraph (1), the candidate has the obligation to hand over to the county financial agent a statement indicating the source of the contribution."

Source: Articles 47 (1), 49 (1) and (2), 28 (9), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

54. Must reports from political parties and/or candidates include information on itemized spending?
Code
Yes
Source

Art. 47 (1) -  "Within 15 days from the date of elections, coordinating financial agents are required to submit to the Permanent Electoral Authority detailed reports of income and election related expenses of political parties, political alliances, electoral alliances, organizations of Romanian citizens belonging to national minorities and of independent candidates, as well as the amount of debt recorded as a result of the campaign, accompanied by the declarations referred to in art. 28 para. (9)."

Art. 49 - "(1) Annually, until April 30th, political parties have the obligation to submit to the Permanent Electoral Authority a detailed report of the revenues and expenditures realized in the previous year. (2) The reports provided in paragraph (1) shall also include details of the incomes and expenses of the internal structures of the political parties provided for in art. 4 par. (4) of the Political Parties Act no. 14/2003, republished, of the income and expenses of persons directly or indirectly connected with the political party, as well as of the forms of association provided by art. 17 of the present law."

Source: Articles 47 (1), 49 (1) and (2), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
EMB
Source

"(1) The Permanent Electoral Authority is empowered to control the observance of the legal provisions on the incomes and expenses of political parties, political or electoral alliances, independent candidates, and the legality of electoral campaign financing."

Source: Article 42 (1), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
  • EMB
  • Auditing agency
Source

Art. 35 - "(1) The Permanent Electoral Authority is the public authority authorized to check the compliance with the lawful provisions on the financing of political parties, political or electoral alliances, independent candidates and electoral campaigns.

(2) The control of the subsidies from the state budget shall be carried out simultaneously by the Court of Audit, according to the provisions of Law no. 94/1992 on the organization and operation of the Court of Audit, as republished. ...

(3) The Control Department for the Financing of Political Parties and Electoral Campaigns shall be established within 60 days from the date this law comes into effect, as part of the Permanent Electoral Authority, by supplementing the existing personnel members."

Source: Article 35 (1) - (3), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Code
Refer for investigation Request additional information from potential violator Request additional information from others Impose sanctions
Source

Art. 34 (10) - "The Permanent Electoral Authority may request, if necessary, additional documents or explanations from financial agents."

Art. 43 (1) - "In order to check the legality of the political party's revenues and expenses, the Permanent Electoral Authority may request documents and information from natural and legal persons who have provided services, free of charge or at a cost to political parties, as well as from any public institution."

Art. 44 (5) - "In case during the controls conducted by the Permanent Electoral Authority on the observance of the legal provisions regarding the financing of political parties and electoral campaigns, there are suspicions regarding criminal acts, the Permanent Electoral Authority notifies the criminal prosecution bodies."

Art. 54 (1) - "The contraventions provided in art. 52 shall be determined by the representatives of the Permanent Electoral Authority, and the sanction shall be applied by decision of the Permanent Electoral Authority."

Source: Articles 34 (10), 43 (1), 44 (5) and 54 (1), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

58. What sanctions are provided for political finance infractions?
Code
  • Fines
  • Forfeiture
  • Loss of elected office
  • Suspension of public funding
Source

Art. 24 (1) - "The allocation of subsidies from the state budget may be suspended temporarily by decision of the Permanent Electoral Authority for the infringement of the provisions laid down in art. 3 para. (8), art. 5 para. (4), art. 13, art. 15 para. (3), art. 16 para. (1), art. 17 para. (4), art. 25 para. (1) and (2), art. 50 and art. 51 para. (2), until the compliance with the lawful provisions."

Art. 52 - "(1) Shall constitute contraventions, unless committed in such a way as to constitute a crime, according to the criminal law, and punished with a fine from 10.000 lei to 25,000 lei the breach of the provisions referred to in art. 5 para. (3) - (5), art. 6, 7, art. 8. (1), (2) and (4), art. 9, 10, 11, 12, 13, art. 14 para. (2) and (3), art. 15, par. (1) and (3), art. 16 para. (1) and (3), art. 17 para. (1), (2) and (4), art. 31, art. 32 para. (1), art. 33 para. (1) and (2), art. 34 article. (5), (6), (8), (9), (11), (12) and (14), art. 36 para. (2) - (4) and (6), art. 39 para. (1), art. 47, par. (4), art. 51 para. (2) and art. 60 para. (3). 

(2) Shall constitute contraventions, unless committed in such a way as to constitute a crime, according to the criminal law, and punished with a fine of 15,000 lei to 50.000 lei the breach of the provisions referred to in art. 3. (2) - (4) and (6) - (10), art. 25 para. (2), art. 28, 29, 30, 37, 38, art. 43 para. (2) - (4), art. 45, art. 47, par. (1), (2) and (5), art. 49 para. (1) - (3) and (5) and art. 50 para. (2).

(3) Shall constitute a contravention, unless committed in such a way as to constitute a crime, according to the criminal law, and punished with a fine from 100,000 lei to 200,000 lei infringement of the provisions laid down in art. 8 para. (3)."

Art. 57 (1) - "In case based on a final court decision, one or several candidates of a political party that have been declared elected were convicted for a crime related to the financing of the political party or, if case be, of the electoral campaign, they become incompatible with the status of MP or local representative for the mandate obtained, which shall be annulled."

Source: Articles 24 (1), 52 (1) - (3) and 57 (1), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017)

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