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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeYes
  • Comment
  • Source

    " Financial assistance and material from foreign public or private entities and from government is prohibited, or from Albanian public entities or those with the participation of state capital". Source : Article 21, Law on Political Parties, Law no.8580 dated 17 February 2000, updated as of 22 May 2017. 

    " Electoral subjects may receive funds for the purposes of their electoral campaigns only from domestic natural or legal persons. For the purposes of this Code, an Albanian citizen who resides outside the territory of the Republic of Albania shall also be considered a domestic natural person".  Source : Article 89, Electoral Code, Approved by Law no. 10019, dated 29 December 2008, Amended by Law no. 74/2012 dated 19 July 2012 and Law no. 31/2015 dated 2 April 2015. 

2. Is there a ban on donations from foreign interests to candidates?
  • CodeYes
  • Comment
  • Source

    ' Electoral subjects may receive funds for the purposes of their electoral campaigns only from domestic natural or legal persons. For the purposes of this Code, an Albanian citizen who resides outside the territory of the Republic of Albania shall also be considered a domestic natural person".  Source: Article 89, Electoral Code, 2015. 

3. Is there a ban on corporate donations to political parties?
  • CodeYes
  • Comment
  • Source

    " Donation of funds by a legal person or any of its shareholders is prohibited if one of the following conditions applies: a) has received public funds, public contracts or concessions in the last 2 years, exceeding ALL 10 million ; b) exercises media activity; c) has been a partner with public funds in different projects; d) has monetary obligations towards the state budget or any public institution. this obligation is not applicable if the shareholder owns these shares as a result of a public offer". Source: Article 89, Electoral Code, 2015

     

    " Financial assistance and materials from foreign public or private entities and from government is prohibited, or from Albanian public entities or those with the participation of state capital". Source : Article 21, Law no.8580, dated 17 February 2000 "On Political Parties", updated as of 22 May 2017. 

4. Is there a ban on corporate donations to candidates?
  • CodeYes
  • Comment
  • Source

     "Donation of funds by a legal person or any of its shareholders is prohibited if one of the following conditions applies: a) has received public funds, public contracts or concessions in the last 2 years, exceeding ALL 10 million ; b) exercises media activity; c) has been a partner with public funds in different projects; d) has monetary obligations towards the state budget or any public institution. this obligation is not applicable if the shareholder owns these shares as a result of a public offer". Source: Article 89, Electoral Code, 2015

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

    It is not explicitly stated or clear from the context that it relates specifically to political parties. 

  • Source
6. Is there a ban on donations from Trade Unions to candidates?
  • CodeNo
  • Comment

    It is not explicitly stated or clear from the context that it relates specifically to political parties.

  • Source
7. Is there a ban on anonymous donations to political parties?
  • CodeYes
  • Comment
  • Source

    "Each electoral subject must register the amount of funds received for each natural or legal person, as well as other data related to the clear identification of a donor, in a special register which is approved as a template by a CEC decision. At the moment of donation, the donor signs a declaration affirming that none of the circumstances specified in Article 89 applies to him/her and that he/she bears personal responsibility for false declaration". Source: Article 90, The Electoral Code, 2015. 

    "Receiving non-public funds donated by entities which fail to declare their identity, orwhose identity is not clearly identified by the political party that is the beneficiary of the non-public fund, shall be prohibited ". Source : Article 23/1, Law on Political Parties, 2017. 

8. Is there a ban on anonymous donations to candidates?
  • CodeYes
  • Comment
  • Source

    "Each electoral subject must register the amount of funds received for each natural or legal person, as well as other data related to the clear identification of a donor, in a special register which is approved as a template by a CEC decision. At the moment of donation, the donor signs a declaration affirming that none of the circumstances specified in Article 89 applies to him/her and that he/she bears personal responsibility for false declaration". Source: Article 90, The Electoral Code, 2015. 

    "Receiving non-public funds donated by entities which fail to declare their identity, orwhose identity is not clearly identified by the political party that is the beneficiary of the non-public fund, shall be prohibited ". Source : Article 23/1, Law on Political Parties, 2017. 

9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeYes
  • Comment
  • Source

     "Donation of funds by a legal person or any of its shareholders is prohibited if one of the following conditions applies: a) has received public funds, public contracts or concessions in the last 2 years, exceeding ALL 10 million ; b) exercises media activity; c) has been a partner with public funds in different projects; d) has monetary obligations towards the state budget or any public institution. This obligation is not applicable if the shareholder owns these shares as a result of a public offer". Source: Article 89, Electoral Code, 2015

10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeYes
  • Comment
  • Source

     "Donation of funds by a legal person or any of its shareholders is prohibited if one of the following conditions applies: a) has received public funds, public contracts or concessions in the last 2 years, exceeding ALL 10 million ; b) exercises media activity; c) has been a partner with public funds in different projects; d) has monetary obligations towards the state budget or any public institution. This obligation is not applicable if the shareholder owns these shares as a result of a public offer". Source: Article 89, Electoral Code, 2015

11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeYes
  • Comment
  • Source

     "Donation of funds by a legal person or any of its shareholders is prohibited if one of the following conditions applies: a) has received public funds, public contracts or concessions in the last 2 years, exceeding ALL 10 million ; b) exercises media activity; c) has been a partner with public funds in different projects; d) has monetary obligations towards the state budget or any public institution. This obligation is not applicable if the shareholder owns these shares as a result of a public offer". Source: Article 89, Electoral Code, 2015

    " Financial assistance and material from foreign public or private entities and from government is prohibited, or from Albanian public entities or those with the participation of state capital". Source : Article 21, Law on Political Parties, Law no.8580 dated 17 February 2000, updated as of 22 May 2017. 

12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeYes
  • Comment
  • Source

     "Donation of funds by a legal person or any of its shareholders is prohibited if one of the following conditions applies: a) has received public funds, public contracts or concessions in the last 2 years, exceeding ALL 10 million ; b) exercises media activity; c) has been a partner with public funds in different projects; d) has monetary obligations towards the state budget or any public institution. This obligation is not applicable if the shareholder owns these shares as a result of a public offer". Source: Article 89, Electoral Code, 2015

    " Financial assistance and material from foreign public or private entities and from government is prohibited, or from Albanian public entities or those with the participation of state capital". Source : Article 21, Law on Political Parties, Law no.8580 dated 17 February 2000, updated as of 22 May 2017. 

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

    "Except when otherwise provided by law, resources of central or local public bodies or entities, or of any other entity where the state holds capital or shares or/and appoints the majority of the supervisory or administrative body of the entity, regardless of the source of the capital or ownership, may not be used or made available to support candidates, political parties or coalitions in elections. For purposes of this article, current and fixed assets provided for in article 142 of the Civil Code, as well as any human resources of the institution, shall be considered as 'resources'. Use of 'human resources' shall mean the obligatory use for electoral purposes of the institution's administration within the work hours, as well as the obligatory and organized use of students of the pre-university system within the lesson hours, in the electoral campaign".  Source : Article 88, Approved by Law no. 10 019, dated 29 December 2008, amended by Law no. 74/2012, dated 19 July 2012 and Law no. 31/2015, dated 2 April 2015

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeNo data
  • Comment
  • Source

    "The amount that each natural or legal person may give to an electoral subject may not be larger than ALL 1 million or the equivalent value in kind or services ". Source : Article 89, The Electoral Code, 2015

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?
  • CodeNot applicable
  • Comment
  • Source
16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeYes, for both natural and legal persons
  • Comment
  • Source

    "The amount that each natural or legal person may give to an electoral subject may not be larger than ALL 1 million or the equivalent value in kind or services".  Source : Article 89, The Electoral Code, 2015

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 ALL 1 million
  • Comment
  • Source

    "The amount that each natural or legal person may give to an electoral subject may not be larger than ALL 1 million or the equivalent value in kind or services". Source : Article 89, The Electoral Code, 2015.

    " According to the Law, electoral campaigns may be financed from public and private funds, including loans. Donations from both citizens and legal entities, including in-kind, are capped at ALL 1 million, and contributions above ALL 100,000 must be made through a designated bank account". Source : OSCE/ODIHR (2019) Republic of Albania, Local Elections, 30 June 2019. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, WARSAW

18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeYes, for both natural and legal persons
  • Comment
  • Source

    "The amount that each natural or legal person may give to an electoral subject may not be larger than ALL 1 million or the equivalent value in kind or services".  Source : Article 89, The Electoral Code, 2015

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • Code ALL 1 million
  • Comment
  • Source

    "The amount that each natural or legal person may give to an electoral subject may not be larger than ALL 1 million or the equivalent value in kind or services".   Source : Article 89, The Electoral Code , 2015

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeDonation limit for private persons apply
  • Comment
  • Source

    "An electoral subject ( candidate) may use its own financial sources for campaign. The candidate, the same as any other allowed donator , may donate the maximum amount of ALL 1 million ( cash or in-kind donations). Every donation by the candidate that exceeds this limit is prohibited".  Source : Guideline for the financial reporting manners by candidates for local elections, CEC, 2019.

     

    " The sources for financing the campaign of electoral subjects are the following: advanced funds given by the State Budget for the political parties registered as electoral subjects; income generated by the electoral subject itself, in accordance with the legislation in force; gifts in monetary value, in kind or services rendered, according to Article 89 of this Code; loans taken by the political parties in accordance with the law". Source: Article 87/1, The Electoral Code, 2015 

21. Is there a limit on in-kind donations to political parties?
  • CodeNo data
  • Comment
  • Source
22. Is there a limit on in-kind donations to candidates?
  • CodeYes
  • Comment
  • Source

    "Donation in-kind is reported both as gift and spenditure for the campaign. The limit of ALL 1 million of donations by a single donor includes also donations in-kind; donations in-kind may be accounted on the allowed limitation of electoral subject spenditures".  Source:  Guidelines for the financial reporting of local elections candidates, CEC , 2019. 

23. Is there a ban on political parties engaging in commercial activities?
  • CodeYes
  • Comment
  • Source

    " The creation by political parties of commercial and non-commercial juridical persons that exercise activity with the purpose of profit is prohibited". Article 20, Law on Political Parties, updated as of 22 May 2017. 

24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeYes
  • Comment
  • Source

    "The sources for financing the campaign of electoral subjects are the following:
    a) advanced funds given by the State Budget for political parties registered as electoral subjects;
    b) income generated by the electoral subject itself, in accordance with the legislation in force;
    c) gifts in monetary value, in kind or services rendered, according to article 89 of this Code;
    ç) loans taken by the political parties in accordance with the law. The value of a loan shall not exced the amount of money defined in point 2 of article 89 of this Code".  Source : Article 87/1, The Electoral Code, 2015

25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeYes
  • Comment
  • Source

    "Loans are another legal form of financial sources for the campaign. Loan conditions on the contract will be subject of auditing the same as other financial sources and the amount of loan will be calculated towards the allowed limit of campaign donations".  Source : Guidelines for financial reporting by candidates on local elections, CEC, 2019

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo data
  • Comment
  • Source
27. Are there provisions requiring donations to go through the banking system?
  • CodeYes
  • Comment
  • Source

    "Each electoral subject must register the amount of funds received for each natural or legal person, as well as other data related to the clear identification of the donor, in a special register which is approved as a template by a CEC decision. At the moment of donation, the donor signs a declaration affirming that none of the circumstances specified in article 89 applies to him/her and that he/she bears personal responsibility for false declaration. The form and content of the declaration is approved by the CEC and its signing is obligatory for all donations.
    2. Non-public funds exceeding ALL 100,000 shall be donated only through a special bank account of the electoral subject. The finance officer of the electoral subject declares the number of the bank account opened for this purpose no later than three days from the start of the electoral campaign. The bank account number for each political subject shall be published on the official website of the CEC".   Source : Article 90, The Electoral Code, 2015. 

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, both regularly provided funding and in relation to campaigns
  • Comment
  • Source

    "Political parties participating in the elections, which have received no less than 0.5 per cent of votes nationwide, are entitled to State Budget funds, based on the number of votes of each party in those elections. This fund is determined through a decision of the Assembly and comprises a separate item in the State Budget for the respective electoral year. This fund may not be lower than the aggregate sum allocated to political parties in the previous elections".  Source: Article 87, The Electoral Code of the Republic of Albania, 2015. 

    "The fund defined through a decision of the Assembly, according to point 1 of article 87, is given in advance to the parties that are registered as electoral subjects as follows:
    a) 95 per cent of the fund is distributed to the political parties registered as electoral subjects, which have received no less than 0.5 per cent of the valid votes in
    the previous elections;
    b) 5 per cent of the fund is distributed to the political parties registered as electoral subjects and do not profit according to letter “a” of this article".  Source : Article 87/2, The Electoral Code of the Republic of Albania, 2015. 

    "A fund which shall serve as public financial aid for the annual activities of political parties shall be allocated each year in the State Budget. The financial aid foreseen in the state budget during non-electoral years, as a rule, shall not be less than the aid foreseen in the preceding year".  Source: Article 19, The Law on Political Parties, 2017

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

    "The fund shall be divided according to the following rules:
    a) 70 percent shall be divided according to the number of seats obtained in the last parliamentary elections. Each party sitting in parliament shall be entitled to financial aid in accordance with the number of seats obtained based on the proportional system;
    b) 20 percent shall be divided equally among parliamentary parties and the parties which have received more than 10 thousand votes in the last parliamentary elections;
    c) 10 percent shall be divided according to the percentage obtained among [by] the political parties that took part in the last parliamentary elections and obtained over 1 percent of the votes.
    The non-allocated remainder of the 10 percent shall be added to the 70 percent fund and it shall be divided among parliamentary parties. In any case, annual financial aid shall be awarded on the proviso that political parties have already submitted the financial report of the preceding year according to the rules defined by the Central Election Commission. Failure to submit annual financial reports shall lead to exemption of political parties from receipt of annual financial aid". 
    Source: Article 19, Law on Political Parties, 2017. 

     

30. What is the allocation calculation for political parties to receive public funding?
  • CodeProportional to seats received
  • Comment
  • Source

    "The fund defined through a decision of the Assembly, according to point 1 of article 87, is given in advance to the parties that are registered as electoral subjects as follows:
    a) 95 per cent of the fund is distributed to the political parties registered as electoral subjects, which have received no less than 0.5 per cent of the valid votes in the previous elections;
    b) 5 per cent of the fund is distributed to the political parties registered as electoral subjects and do not profit according to letter “a” of this article". Source : Article 87/2, The Electoral Code, 2015. 

    "The fund defined according to letter “a” of article 87/2 is calculated by dividing this fund with the total number of valid votes received by the political parties, which profit funds according to letter “a” of article 87/2 of this Code. The result from this division is multiplied by the number of valid votes received by the respective political party in the previous elections.
    2. The fund defined according to letter “b" of article 87/2 is distributed by dividing this fund with the number of the political parties that profit funds, but in no case may this amount be higher than the smallest amount profited by one party, according to point 1 of this article.
    3. For elections to the Assembly, the applied criterion is the result at national level as declared by the CEC for the previous elections to the Assembly. For local government elections, the applied criterion is the result for the local councils at national
    level, as declared by CEC for the previous local government elections.
    4. The fund determined to be distributed, according to article 87/2, is given to each party no later than 5 days from the registration of the multi-name lists, or to the candidates for mayor of the local government unit of the respective party".  Source : Article 87/3, The Electoral Code, 2015. 

     

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeCampaign spending
  • Comment
  • Source

    "The Central Election Commission determines by an instruction the types and number of activities, activities, services and materials allowed to be used by a political party in the electoral field.
    5. In any case, the use of propaganda materials, including flags and posters of any kind or size, is prohibited at a distance of more than 5 m from the electoral subject or candidate electoral office.
    6. It is forbidden to broadcast commercials produced, funded or paid by state institutions or any other state or public entity for the period of three months before the election date, except for those serving the information of voters, according to legal definitions".   Source: Article 24/2, Law on Political Parties, 2017. 

32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment
  • Source

    'During the electoral campaign, the Public Radio and Television provides to
    registered political parties and to the CEC free airtime for campaigning, which is allocated according to the following rules:
    a) a total of two hours is provided to the CEC according to the time slots it requests. At least two-thirds of this time shall be between 18:00 and 22:00;
    b) for parliamentary parties that received more than 20 per cent of the seats in the last elections to the Assembly, the CEC allocates equal airtime of no less than 30
    minutes on the Public Television and the same airtime on the Public Radio; for the rest of the parliamentary parties, this airtime is no less than 15 minutes. If airtime is increased for one party or one respective coalition, the time allotted to another party or coalition shall be proportionally increased;
    c) each party that does not hold a seat in the Assembly, but runs in elections is allocated 10 minutes of airtime on the Public Television and 10 minutes of airtime on the Public Radio;
    ç) the respective electoral subject must be clearly identifiable on any political programme or advertisement for purposes of electoral propaganda. If the political
    programme or advertisement is not clearly identifiable, the CEC orders the immediate suspension of its broadcast until the subject is rendered identifiable according to the requirements in this point.
    2. The Public Radio and Television covers the electoral campaign through news or informative programmes in compliance with the principles of impartiality, completeness, truthfulness, and pluralism of information set forth in the legislation that regulates electronic media. The free airtime allocated to political parties in accordance with point 1 of this article may not be allocated as part of news or information programming.
    3. The Public Radio and Television broadcasts free political advertising by calculating the broadcasting time within the allocated airtime in accordance with point 1 of this article.
    4. During the electoral campaign, advertisements of central and local public institutions are prohibited except for those serving to raise the awareness of voters on
    election-related aspects and/or other announcements envisaged by law".  Source : Article 80, The Electoral Code of the Republic of Albania, 2015. 

    "Exceptionally stipulations of the Electoral Code, during the election campaign for the 2017 Assembly elections, National, local or satellite radio and television stations are obliged to make available free of charge to electoral subjects for political advertising, Respectively only 90 minutes for the largest party of the parliamentary majority and the largest party of the parliamentary minority, 45 minutes for the other parliamentary parties and 10 minutes for the non-parliamentary parties. Political parties and any other subjects are prohibited from making political advertisements versus payment during the election campaign. The cost of making available free time to electoral subjects is calculated as a full deductible tax expense. The Central Election Commission, the Audiovisual Media Authority
    and the Minister of Finance are charged to issue the relevant instruction".  Source : Article 24/5, Law on Political Parties, 2017. 

33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeShare of seats | Share of votes in preceding election
  • Comment
  • Source

    'During the electoral campaign, the Public Radio and Television provides to
    registered political parties and to the CEC free airtime for campaigning, which is allocated according to the following rules:
    a) a total of two hours is provided to the CEC according to the time slots it requests. At least two-thirds of this time shall be between 18:00 and 22:00;
    b) for parliamentary parties that received more than 20 per cent of the seats in the last elections to the Assembly, the CEC allocates equal airtime of no less than 30
    minutes on the Public Television and the same airtime on the Public Radio; for the rest of the parliamentary parties, this airtime is no less than 15 minutes. If airtime is increased for one party or one respective coalition, the time allotted to another party or coalition shall be proportionally increased;
    c) each party that does not hold a seat in the Assembly, but runs in elections is allocated 10 minutes of airtime on the Public Television and 10 minutes of airtime on the Public Radio;
    ç) the respective electoral subject must be clearly identifiable on any political programme or advertisement for purposes of electoral propaganda. If the political
    programme or advertisement is not clearly identifiable, the CEC orders the immediate suspension of its broadcast until the subject is rendered identifiable according to the requirements in this point.
    2. The Public Radio and Television covers the electoral campaign through news or informative programmes in compliance with the principles of impartiality, completeness, truthfulness, and pluralism of information set forth in the legislation that regulates electronic media. The free airtime allocated to political parties in accordance with point 1 of this article may not be allocated as part of news or information programming.
    3. The Public Radio and Television broadcasts free political advertising by calculating the broadcasting time within the allocated airtime in accordance with point 1 of this article.
    4. During the electoral campaign, advertisements of central and local public institutions are prohibited except for those serving to raise the awareness of voters on
    election-related aspects and/or other announcements envisaged by law".  Source : Article 80, The Electoral Code of the Republic of Albania, 2015. 

34. Are there provisions for free or subsidized access to media for candidates?
  • CodeNo
  • Comment
  • Source

    It is not applied differently for the candidates. There are applied the same provisions as for the political parties. 

35. Are there provisions for any other form of indirect public funding?
  • CodePremises for campaign meetings
  • Comment
  • Source

    "The state facilitates the activity of political parties. The facilitation by the state of the activity of political parties includes the following fields:
    a) Parties have the right to use, without compensation, the public mass media in the case of electoral campaigns and referenda.
    b) parliamentary parties obtain premises (headquarters) for their central and local offices.
    The right to obtain premises belongs also to the political party with the average of votes over the last three parliamentary elections was over 1 percent nationwide.
    c) if the party is equipped with a lease contract building, according to this law, but does not meet the requirements of the letter" b "of this article, it (the party) shall have the right to conclude a lease contract for the building, only for headquarters or its local offices use. More detailed rules are defined by the Council of Ministers on proposal of the Minister of Interior".  Source : Article 22, The Law on Political Parties, 2017

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeYes
  • Comment
  • Source

    "Failure by the electoral subject to comply with the obligations specified in point 6 of article 67 of this Code regarding the composition of the list, is punishable by the CEC with a fine of ALL 1,000,000 as well as the additional sanction, in accordance with point 2 of this article, in the case of elections to the Assembly, and with refusal of the political party’s list of the candidates for municipal councils for elections for local government bodies.
    2. In case a violation by an electoral subject is identified, the CEC applies as an additional sanction the replacement of each vacancy in the list of the subject, in the zone where the violation has been identified, with the next candidates in the list belonging to the least represented gender until the gender quota is reached. In case the CEC decides to apply this sanction, the exception of point 2 of article 164 shall not apply, and the vacancy is filled in accordance with this point.
    3. The sanctions envisaged in this article are applied to each electoral zone where a violation is identified".    Source : Article 175, The Electoral Code of the Republic of Albania. 

    "A gender quota applies to each candidate list as a means to redress the political underrepresentation of women.48 It requires at least one woman and one man among the top three positions and at least 30 per cent of candidates of each gender in each district list. The CEC imposed sanctions of ALL 1 million against the SMI and SP for not respecting the gender quota in Tirana and Berat districts respectively. However, the CEC did not sanction the DP for failing to respect the quota in all 12 districts of the country, undermining the value of the measure to promote women candidates and the necessity for parties to compete on an equal basis, at odds with OSCE commitments.49 The law does not allow to deny registration of a party if the quota is not respected".  Source : OSCE/ODIHR ( 2017) Republic of Albania, Parliamentary Elections, 25 June 2017. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, Warsaw. 

    "Equal gender participation and representation in all legislative, executive, judicial power bodies as well as in other public institutions shall be achieved when:

    1. a) A representation of above 30% of both sexes is ensured, including their steering bodies is ensured;
    2. b) Equal observation of competition procedures and criteria for both genders for the assignments in these bodies is ensured;
    3. c) A participation of above 30% of both sexes in the list of candidates for the local government elections is ensured.

    ç. A participation of not less than 30% of each sex in the candidates’ list presented by the political parties for the proportional system for the general Assembly elections is ensured.

    1. d) A participation of above 30% of each sex in the central and local elections process administration bodies is ensured.
    2. The political parties shall define methods and measures to comply with the requirements provided in section 1 of this article.
    3. The political parties shall pay a fine of up to one tenth of the state funds for the electoral campaign, if they violate the provisions of this article, until they undo the violation".  Source : Article 15, Law Gender Equality in Society, No.9970 dated 24.07.2008 
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment
  • Source

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment
  • Source

    "The violation of any one of the general principles specified in articles 3, 4 or 5 of this Code, in cases when this violation has not affected the election result, constitutes an administrative offence and is punishable by a fine of ALL 100,000 to 500,000.
    2. The amount of the fine is determined by the following circumstances:
    a) the risk posed by the violation to the organization and administration of future
    elections;
    b) the fact whether the perpetrator of the offence has benefited financially from
    the violation or, through the violation, has affected the allocation of the seat to a candidate, political party or coalition;
    c) the duration and the range of actions that led to the commitment of the offence;
    ç) the fact whether there have been efforts to hide the violation and the extent of these efforts;
    d) the attitude of the perpetrator of the offence following its detection;
    dh) the fact whether officials have taken part in the commitment of the offence or whether public resources have been used for it;
    e) the fact whether the violation has been repeated;
    ë) the fact whether it is has been committed in co-operation with others;
    f) the potential risk to free, fair, democratic and transparent elections.
    3. Fines, in accordance with point 1 of this article, are imposed by the CEC.
    4. In case the violations specified in point 1 of this article impact on the election results, they shall constitute a criminal offence and are punishable by imprisonment of 6 months to 2 years".  Source:  Article 172, The Electoral Code of the Republic of Albania, 2015. 

    "Offering or giving money or material goods, making promises for employment or other favours in any form, in contradiction with the law, for the voter or other persons in order to get signatures to field a candidate in elections, to vote in a certain way, to participate or not to participate in voting, or to get engaged into an illegal activity to support a candidate or political party, constitutes a criminal offence and is punishable by imprisonment of one year up to five years."  Source: Article 328 Active corruption in elections (Amended by law no.89/2017, article 4), 2017. 

39. Are there limits on the amount a political party can spend?
  • CodeYes
  • Comment
  • Source
40. If there are limits on the amount a political party can spend, what is the limit?
  • Code shall not exceed 10 times the highest amount that an electoral subject has received from public funds
  • Comment
  • Source

    "The total expenses made by a political party, including its candidates, for an electoral campaign shall not exceed 10 times the highest amount that an electoral subject has received from public funds, according to article 87/3 of this Code. Every expense for the electoral campaign is documented and carried out in respect of the fiscal legislation in force."  Source: Article 90, The Electoral Code of the Republic of Albania, 2015. 

41. Are there limits on the amount a candidate can spend?
  • CodeYes
  • Comment
  • Source
42. If there are limits on the amount a candidate can spend, what is the limit?
  • Code shall not exceed 50 percent of the highest amount that an electoral subject has obtained from public funds
  • Comment
  • Source

    "Obligations provided for in this article are also applicable to candidates proposed by voters who are registered in accordance with articles 69 and 70 of this Code. The total amount that a candidate proposed by voters may spend shall not exceed 50 percent of the highest amount that an electoral subject has obtained from public funds, according to article 87/3 of this Code". Source: Article 90, The Electoral Code of the Republic of Albania, 2015. 

43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo data
  • Comment
  • Source
44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeYes, for political parties | Yes, for candidates
  • Comment
  • Source

    "The total airtime for political advertisements during the entire election campaign on each private radio and television station may not exceed 90 minutes for each party registered in elections. In any case, radio and television broadcasters apply
    the same fees for the same time slot throughout the campaign. Five days before the beginning of the electoral campaign, the radio and television broadcasters shall submit the fees for each time slot to the CEC. The fees are published on the official website of the CEC.
    6. For elections to the Assembly, private national and satellite radios and televisions that accept paid advertisements in accordance with this article are obliged to make available to the electoral subjects, free of charge, half of the total airtime for advertisement provided for in point 5 of this article. The cost for making the free airtime available to the electoral subjects by private radio and televisions is calculated as a deductible expense for taxation purposes. The CEC, the NCRT and the Minister of Finance are responsible for issuing the respective instructions.
    7. Political advertisements of electoral subjects are broadcast from 1500 to 1800 and from 2100 to 2400 of the daily programme.
    8. Advertisements for candidates for mayors of local government units are included in the time of the political subject they represent.
    9. Private radios and televisions make available extra airtime for the advertisements of non-parliamentary parties and candidates proposed by the voters, in addition to the airtime applied according to point 5 of this article. The airtime for the advertisements of each non-parliamentary party and candidates proposed by voters shall not exceed 10 minutes for the entire electoral campaign. For non-parliamentary parties and candidates proposed by the voters, the same rates as for parliamentary parties as well as the same criteria for the free time in accordance with point 6 of this article shall be applied".   Article 84, The Electoral Code of the Republic of Albania, 2015. 

45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo data
  • Comment
  • Source
46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo
  • Comment
  • Source

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment
  • Source

    "Political parties shall submit financial reports to the Central Election Commission once per annum.
    2. The annual reports must contain detailed information:
    a. on funding sources based on the standardised template approved by the Central Election Commission;
    b. on expenses based on the standardised template approved by the Central Election Commission;
    c. (information) provided by the political party itself on subjects directly or indirectly linked to or under the control of political parties themselves."  Source: Article 23, The Law on Political Parties, 2017. 

     

48. Do political parties have to report on their election campaign finances?
  • CodeYes
  • Comment
  • Source

    "Political parties are obliged to document in a correct and complete manner, according to the rules of the legislation in force, all the expenses incurred and the manner of using the funds during the election campaign. All persons responsible for finances in a political party are trained by the Central Election Commission for the maintenance, administration, reporting and retention of documentation and data under this article. The political party submits to the Central Election Commission a full copy of the
    documentation for each payment made during the election campaign period. Within 60 days
    of the announcement of the election result, any political party that is registered in the
    elections must make public and submit to the Central Election Commission a report on the
    financial declaration of the campaign, including all branches and their constituent parts.
    The report contains correctly:
    a) The income earned or available by the political party, including the source and date of the benefit for the period from the setting of the election date until Election Day;
    b) All expenses incurred for the period from the setting of the election date until
    Election Day, detailing any expenses that have been made to the financial fund provided for
    election campaign expenditures;
    c) The balance sheet of the assets and liabilities of the political party for the period from the setting of the election date to the Election Day".  Source: Article 24/3, The Law on Political Parties, 2017. 

    "The electoral subjects specified in point 1 of this article shall make available to the auditor appointed by the CEC all information, documents or data that are related to the financing and expenses of the electoral campaign in accordance with this Code.
    3. The electoral subjects that are being audited shall make available all the information they have from the banks, institutions or third persons related to the audit, or authorize the auditor to obtain such information from third parties. The CEC shall
    make available to the auditor the information it receives from third parties about the subject being audited, at each phase of the auditing process."  Source: Article 91, The Electoral Code of the Republic of Albania, 2015

49. Do candidates have to report on their election campaign finances?
  • CodeYes
  • Comment
  • Source

    "Each electoral subject must register the amount of funds received for each natural or legal person, as well as other data related to the clear identification of the donor, in a special register which is approved as a template by a CEC decision. At the
    moment of donation, the donor signs a declaration affirming that none of the circumstances specified in article 89 applies to him/her and that he/she bears personal responsibility for false declaration. The form and content of the declaration is approved
    by the CEC and its signing is obligatory for all donations.
    2. Non-public funds exceeding ALL 100,000 shall be donated only through a special bank account of the electoral subject. The finance officer of the electoral subject declares the number of the bank account opened for this purpose no later than three days from the start of the electoral campaign. The bank account number for each political subject shall be published on the official website of the CEC.
    3. The total expenses made by a political party, including its candidates, for an electoral campaign shall not exceed 10 times the highest amount that an electoral subject has received from public funds, according to article 87/3 of this Code. Every
    expense for the electoral campaign is documented and carried out in respect of the fiscal legislation in force. "   Source:  Article 90, The Electoral Code of the Republic of Albania, 2015. 

    "Të gjithë subjekteve zgjedhore u kërkohet të mbajnë të gjitha informacionet, dokumentet ose të dhënat që kanë të bëjnë me financimin dhe shpenzimet e fushatës zgjedhore "sipas nenit 91, paragrafi 2 i Kodit Zgjedhor. Këto do të përfshijnë:
     Deklaratat e donatorëve
     Dokumentet që përcaktojnë identitetin e donatorit
     Kopje të çeqeve të pranuara nga donatorët
     Deklarata nga llogaria bankare e posaçme e subjektit zgjedhor
     Faturat për të gjitha shpenzimet
     Pasqyra përmbledhëse financiare e llogarive bankare të partisë politike në
    fillim të fushatës
     Dokumentet që tregojnë vlerën e konvertimit të monedhës për donacionet,
    pranimet dhe pagesat e bëra në valutë të huaj".  Source : Central Elections Commission Guideline on financial reporting, 2019. 

50. Do third parties have to report on election campaign finances?
  • CodeNo
  • Comment
  • Source

    "The definition of third party actors is limited and is covered by the legislation in place for legal persons. Their financial reporting is subject of the law on Tax Procedures on the republic of Albania. They are not required to submit itemized financial reports to the CEC, and no information on independent expenditures or contributions must be reported to the CEC."   Source: MoneyPoliticsTransparency.org, 2016, Albania. 

51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment
  • Source

    "Each political party must record in a special record book, according to the template approved by the Central Election Commission, the amount of funds received by any natural or legal person, and data clearly defining the identity of the donor. When awarding the donation, the donor shall at all times be obliged to sign a donation statement, in accordance with the template approved by the Central Election Commission".  Source: Article 23/1, Law on Political Parties, 2017. 

    "The CEC shall publish the audit reports for electoral subjects no later than 30 days from the date the report has been submitted, or depending on the case, from the date the respective verifications have been completed. The names of persons who donate amounts of no less than ALL 100,000, as well as the respective amounts, are published together with the report".  Source: Article 91, The Electoral Code of Albania, 2015. 

52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeSometimes
  • Comment
  • Source

    Each political party must record in a special record book, according to the template approved by the Central Election Commission, the amount of funds received by any natural or legal person, and data clearly defining the identity of the donor. When awarding the donation, the donor shall at all times be obliged to sign a donation statement, in accordance with the template approved by the Central Election Commission".  Source: Article 23/1, Law on Political Parties, 2017. 

    "The CEC shall publish the audit reports for electoral subjects no later than 30 days from the date the report has been submitted, or depending on the case, from the date the respective verifications have been completed. The names of persons who donate amounts of no less than ALL 100,000, as well as the respective amounts, are published together with the report".  Source: Article 91, The Electoral Code of Albania, 2015. 

53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeYes
  • Comment
  • Source

    "Political parties are obliged to document in a correct and complete manner, according to the rules of the legislation in force, all the expenses incurred and the manner of using the funds during the election campaign. All persons responsible for finances in a political party are trained by the Central Election Commission for the maintenance, administration, reporting and retention of documentation and data under this article.
    2. The political party submits to the Central Election Commission a full copy of the documentation for each payment made during the election campaign period. Within 60 days of the announcement of the election result, any political party that is registered in the elections must make public and submit to the Central Election Commission a report on the financial declaration of the campaign, including all branches and their constituent parts.
    The report contains correctly:
    a) The income earned or available by the political party, including the source and date of the benefit for the period from the setting of the election date until Election Day;
    b) All expenses incurred for the period from the setting of the election date until Election Day, detailing any expenses that have been made to the financial fund provided for election campaign expenditures;
    c) The balance sheet of the assets and liabilities of the political party for the period from the setting of the election date to the Election Day.
    3. Each political party participating in elections should keep and preserve in their archives for a period of seven (7) years, Full and detailed documentation of its financial standing and all branches for the period covered by the report, including:
    a) Accounting books, in accordance with the applicable law, where all revenue by source, amount, identifying the manner in which the payment was made, as well as all payments made to third persons, the purpose of the payment and How the payment was done;
    b) Accurate documentation of all expenses incurred;
    c) The situation and movements in its bank accounts;
    ç) Complete documentation of immovable property in possession or owned by a
    political party, as well as any contracts related to the lease, lease, order, or sale of movable and immovable property;
    4. If the amount earned by the political party, according to the Electoral Code, is greater than the amount documented as spent for financing the election campaign, The party is obliged to return the difference received to the CEC.
    5. The Party, which does not return the respective funds, according to point 4 of this article, within 90 days from the announcement of the election result, loses the right to other public funding for a period of time not less than 5 years, and does not register as an electoral subject in the next election, regardless of their type, either alone or as a member of any coalition".  Source : Article 24/3, Law on Political Parties, 2017. 

54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeYes
  • Comment
  • Source

    Political parties are obliged to document in a correct and complete manner, according to the rules of the legislation in force, all the expenses incurred and the manner of using the funds during the election campaign. All persons responsible for finances in a political party are trained by the Central Election Commission for the maintenance, administration, reporting and retention of documentation and data under this article.
    2. The political party submits to the Central Election Commission a full copy of the documentation for each payment made during the election campaign period. Within 60 days of the announcement of the election result, any political party that is registered in the elections must make public and submit to the Central Election Commission a report on the financial declaration of the campaign, including all branches and their constituent parts.
    The report contains correctly:
    a) The income earned or available by the political party, including the source and date of the benefit for the period from the setting of the election date until Election Day;
    b) All expenses incurred for the period from the setting of the election date until Election Day, detailing any expenses that have been made to the financial fund provided for election campaign expenditures;
    c) The balance sheet of the assets and liabilities of the political party for the period from the setting of the election date to the Election Day.
    3. Each political party participating in elections should keep and preserve in their archives for a period of seven (7) years, Full and detailed documentation of its financial standing and all branches for the period covered by the report, including:
    a) Accounting books, in accordance with the applicable law, where all revenue by source, amount, identifying the manner in which the payment was made, as well as all payments made to third persons, the purpose of the payment and How the payment was done;
    b) Accurate documentation of all expenses incurred;
    c) The situation and movements in its bank accounts;
    ç) Complete documentation of immovable property in possession or owned by a
    political party, as well as any contracts related to the lease, lease, order, or sale of movable and immovable property;
    4. If the amount earned by the political party, according to the Electoral Code, is greater than the amount documented as spent for financing the election campaign, The party is obliged to return the difference received to the CEC.
    5. The Party, which does not return the respective funds, according to point 4 of this article, within 90 days from the announcement of the election result, loses the right to other public funding for a period of time not less than 5 years, and does not register as an electoral subject in the next election, regardless of their type, either alone or as a member of any coalition".  Source : Article 24/3, Law on Political Parties, 2017. 

55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeEMB
  • Comment

    The Central Elections Commission.

  • Source

    'Exercises oversight of electoral campaign financing in accordance with this Code".  Source: Article 21, The Electoral Code , 2015. 

    "No later than the start of the election campaign, The Central Election Commission appoints a sufficient number of financial experts by lot, To conduct the election campaign monitoring of political parties, including the activities, activities and materials used by them during the election campaign.
    2. The monitoring report is submitted to the Central Election Commission within the deadline set in the appointment decision, But in any case no later than 4 months from the date of the announcement of the final election results. The report details in  ull all the activities, events and materials used by the political party during the election campaign.
    3. Financial experts are also entitled to request and verify financial transactions conducted for the period of 3 months before and after election day, by physical or legal persons, domestic or foreign, with the purpose of identifying unjustified transactions and that may have been used for unlawful financing of the election campaign of one or several political parties.
    4. At the request of the financial expert, forwarded through the Secretary General of the Central Election Commission, Second tier banks and other entities exercising banking and financial activities in the Republic of Albania, are required to provide information on deposits, accounts and transactions conducted during the monitoring period. Data collection, processing and administration, under this article, is subject to the rules for the protection of
    personal data. They should be public only if it is proved to be used for illegal financing of a political party, and in this case the Central Election Commission submits a criminal report to the prosecution body.
    5. The procedures, the criteria for selecting the preliminary list and the appointment of financial experts, as well as the manner of exercising their activity, are determined by the instruction of the Central Election Commission."  Source:  Article 24/4, The Law on Political Parties, 2017. 

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeYes, EMB
  • Comment

    The Central Election Commission.

  • Source

    "The Central Election Commission is the body responsible for the monitoring and supervision of the funding of political parties according to the rules of this law.
    2. The Central Election Commission, based on and in order to implement this law, has the following competencies:
    a. It drafts and adopts both rules on reporting of funding, on monitoring, supervision and financial auditing of political parties, and standardised templates of annual financial reporting;
    b. It approves both the template of the special record book [register] of non-public funds of political parties, and the template on the form and content of the statement of donations of non-public funds;
    c. It selects certified accounting experts and assigns them by lot to audit the funds and expenses of political parties;
    ç. It monitors, supervises and audits the funding of political parties through checks on financial documentation and accounts of political parties, entities linked directly or indirectly with or under the control of political parties;
    d. It imposes sanctions when it ascertains infringements of the provisions of this law;
    dh. It drafts guidelines and awareness-raising programmes, and organises training sessions on the funding of political parties and entities involved in this process, in accordance with the provisions of this law;
    e. It determines the amount of public funds each political party shall receive annual financial aid, in accordance with this law;
    ë. It issues subordinate legal acts based on and in order to implement the provisions of this law”.   Source :  Article 15/2, The Law on Political Parties, 2017. 

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

    "The infringement of the obligation of the political party to cooperate with the certified accounting expert assigned by the Central Election Commission shall be subject to a fine of 1 000 000 to 2 000 000 ALL.
    3. Failure or refusal to make the financial sources of the political party transparent or to allow the auditing by the certified accounting expert of Central Election Commission to take place shall be subject to a fine ranging from 2 000 000 ALL to 5 000 000 ALL and/or a five-year suspension to fund the political party.
    4. The failure to submit the financial report within the established timeframe or the submission of reports which fail to comply with the standardised template approved by the Central Election Commission shall be subject to a fine of 50 000 to 100 000 ALL.
    5. Non-public funds received by the political party, if the identity of the donor is unknown or not clearly defined, shall be passed on to the Central Election Commission".  Source : Article 23/4, The Law on Political Parties, 2017

58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Suspension of public funding
  • Comment
  • Source

    "The infringement of the provisions of the funding of political parties by the person in charge of finances within the political party or the individual assigned by the party statute [to carry out this duty] shall be punishable by a fine of 50 000 to 100 000 ALL.
    2. The infringement of the obligation of the political party to cooperate with the certified accounting expert assigned by the Central Election Commission shall be subject to a fine of 1 000 000 to 2 000 000 ALL.
    3. Failure or refusal to make the financial sources of the political party transparent or to allow the auditing by the certified accounting expert of Central Election Commission to take place shall be subject to a fine ranging from 2 000 000 ALL to 5 000 000 ALL and/or a five-year suspension to fund the political party.
    4. The failure to submit the financial report within the established timeframe or the submission of reports which fail to comply with the standardised template approved by the Central Election Commission shall be subject to a fine of 50 000 to 100 000 ALL.
    5. Non-public funds received by the political party, if the identity of the donor is unknown or not clearly defined, shall be passed on to the Central Election Commission.
    6. Receipt of non-public funds in excess of one hundred thousand ALL and the failure to go through with the transaction through a bank account shall be subject to a fine of 30% of the donated amount”.  Source:  Article 23/4, Law on Political Parties, 2017

    "The request or the acceptance by the voter of money, material goods or other favours in any form in contradiction with the law, for one’s own self or for the others, to provide the signature to field a candidate in the elections, to vote in a certain way, to participate or not in the elections or to get engaged in illegal activities in support of a candidate or political party constitutes a criminal offence and is punishable by imprisonment of one year to five years".  Source : Article 328/b Passive corruption in elections, LAW No. 7895, dated 27 January 1995 CRIMINAL CODE OF THE REPUBLIC OF ALBANIA (Amended by law no. 36/2017) (Amended by law no.89/2017 

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