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

    Absent from laws/unregulated

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

    Absent from laws/unregulated

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

    All donations from legal persons are banned.

     

  • Source

    Article16bis of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    "Art. 16bis. Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives."

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

    All donations from legal persons are banned.

     

  • Source

    Article16bis of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    "Art. 16bis. Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives."

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

    All donations from legal persons are banned.

     

  • Source

    Article 16bis of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    "Art. 16bis. Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives."

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

    All donations from legal persons are banned.

  • Source

    Article16bis 16ter of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    "Art. 16bis. Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives."

7. Is there a ban on anonymous donations to political parties?
  • CodeNo, but specific limit
  • Comment

    BLANK

  • Source

    Article16bis of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    "Art. 16bis. Without prejudice to the registration obligation as specified at article 6,  paragraph 2, and article 116, § 6, subparagraph 2, of the Election Code, the identity of natural persons making donations, in any form, equivalent to 125 euros and more to political parties and their components, lists, candidates and political representatives shall be annually registered by the beneficiaries."

8. Is there a ban on anonymous donations to candidates?
  • CodeNo, but specific limit
  • Comment
  • Source

    Article16bis of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    "Art. 16 bis. Without prejudice to the registration obligation as specified at article 6,  paragraph 2, and article 116, § 6, subparagraph 2, of the Election Code, the identity of natural persons making donations, in any form, equivalent to 125 euros and more to political parties and their components, lists, candidates and political representatives shall be annually registered by the beneficiaries."

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

    All donations from legal persons are banned.

  • Source

    Article16bis of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    "Art. 16bis. Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives."

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

    All donations from legal persons are banned.

  • Source

    Article16bis of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    "Art. 16bis. Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives."

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

    All donations from legal persons are banned.

  • Source

    Article16bis of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    "Art. 16bis. Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives."

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

    All donations from legal persons are banned.

  • Source

    Article16bis of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    "Art. 16bis. Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives."

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeNo data
  • Comment
  • Source
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeYes, for natural persons
  • Comment

    BLANK

  • Source

    Article16bis of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    "Art. 16bis. Political parties and their components, lists, candidates and political representatives may each
    receive annually, as donations from the same natural person, an amount not
    exceeding (EUR 500), or its equivalent value. The donor may assign each year a
    total amount not exceeding (EUR 2,000), or the equivalent value of this amount,
    for donations to the benefit of political parties and their components, lists,
    candidates and political representatives."

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 A party may receive maximum EUR 500 from an individual each year. A donor may contribute a maximum of EUR 2,000 per year.
  • Comment

    The limit of EUR  2,000  per donor means that the overall value of his/hers donations (to parties, candidates, lists etc.) cannot exceed EUR 2,000 in one year.

  • Source

    Article16bis of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo
  • Comment

    There is no mention of specific limits in election year, however the same limits as for general contributions to political parties apply. 

  • Source
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 A party may receive maximum EUR 500 from an individual each year. A donor may contribute a maximum of EUR 2,000 per year.
  • Comment

    There is no mention of specific limits in election year, however the same limits as for general contributions to political parties apply. 

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

    BLANK

  • Source

    Article16bis  of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    "Article 16 bis. Political parties and their components, lists, candidates and political representatives may each receive annually, as donations from the same natural person, an amount not exceeding (EUR 500), or its equivalent value. The donor may assign each year a total amount not exceeding (EUR 2,000), or the equivalent value of this amount, for donations to the benefit of political parties and their components, lists, candidates and political representatives.) Each donation of 125 euros and more is transmitted electronically through a bank transfer, standing order or bank or credit card. The total amount of donations in cash by a single person may not exceed 125 euros per year."

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • Code A candidate may receive maximum EUR 500 from an individual each year. A donor may contribute a maximum of EUR 2,000 per year.
  • Comment

    The limit of EUR  2,000  per donor means that the overall value of his/hers donations (to parties, candidates, lists etc.) cannot exceed EUR 2,000 in one year.

  • Source

    Article16bis of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    "Article 16 bis. Political parties and their components, lists, candidates and political representatives may each receive annually, as donations from the same natural person, an amount not exceeding (EUR 500), or its equivalent value. The donor may assign each year a total amount not exceeding (EUR 2,000), or the equivalent value of this amount, for donations to the benefit of political parties and their components, lists, candidates and political representatives.) Each donation of 125 euros and more is transmitted electronically through a bank transfer, standing order or bank or credit card. The total amount of donations in cash by a single person may not exceed 125 euros per year."

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo data
  • Comment

    No specified but general provisions for natural persons apply.

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

    BLANK

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

    BLANK

  • Source
23. Is there a ban on political parties engaging in commercial activities?
  • CodeNo
  • Comment
  • Source
24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo data
  • Comment

    Absent from laws/unregulated

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

    Absent from laws/unregulated

  • Source
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo data
  • Comment

    All legal persons are banned from donating to political parties/candidates.

  • Source
27. Are there provisions requiring donations to go through the banking system?
  • CodeNo
  • Comment

    No specific mention of the requirement to process donations through banking system, but donors must be registered internally by political parties and candidates.

  • Source

    Article16bis of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015

    "((Without prejudice to the registration obligation as specified at article 6,
    paragraph 2, and article 116, § 6, paragraph 2, of the Election Code, the identity
    of natural persons making donations, in any form, equivalent to 125 euros and
    more to political parties and their components, lists, candidates and political
    representatives shall be annually registered by the beneficiaries.)"

    Art 16ter. § 2. "The statement shall include the name and surname of the natural person
    granting the donation, the full address (street, number and district of the main
    residence), nationality, the amount of each donation, the date the donation has
    been received and the total amount of all donations received during the current
    year."

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, regularly provided funding
  • Comment

    Annual funding of political parties, no mention of extra funding in relation to campaigns.

  • Source

    Article16bis   of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    "Art. 16. The total annual subsidy assigned to each political party complying with the provisions (of articles 15 and 15bis), is composed of the following
    amount: 1) a lump sum equivalent to ((EUR 125,000)); 2) an additional sum equivalent to ((EUR 1.25)) per valid vote, being list vote or nominative vote, issued on the candidates lists acknowledged by the political party during the last general elections with a view to fully renewing the Chamber of representatives and of the Senate."

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeRepresentation in elected body
  • Comment

    Representation in elected body and additional requirement related to party's statutes or programme.

  • Source

    Articles15 and 15bis of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    epresentation in elected body: Art. 15. The Chamber of representatives shall grant, for each political party represented within the Chamber of representatives by at least one member of Parliament, a subsidy on behalf of the institution defined at article 22.

    Additional requirement: Art. 15bis. In order to benefit from the subsidy specified at article 15, each party shall include in its statutes or programme a provision according to which it commits to observe the political Action it intends to conduct and make its different components and elected representatives observe at least the rights and freedoms guaranteed under the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 as approved by the law of May 13, 1955 and amended by additional protocols in force in Belgium. 

30. What is the allocation calculation for political parties to receive public funding?
  • CodeEqual | Proportional to votes received
  • Comment

    Political parties ar subsidized annually with the amount combined of a lump sum and an additional sum proportional to votes received in previous election.

  • Source

    Article 16bis  of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    "Art. 16. The total annual subsidy assigned to each political party complying with the provisions (of articles 15 and 15bis), is composed of the following
    amount: 1) a lump sum equivalent to ((EUR 125,000)); 2) an additional sum equivalent to ((EUR 1.25)) per valid vote, being list vote or nominative vote, issued on the candidates lists acknowledged by the political party during the last general elections with a view to fully renewing the Chamber of representatives and of the Senate. "

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

    Political Finance Act, 1989.

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

    Access to media and advertising is competence of the community level, meanwhile provisions at the state level are missing. Different provisions then apply to this issue. In case of elections at every level, the RTBF (French community broadcasting service)grants free speach forums to democratic formations involved in the electoral process.

  • Source
33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeEqual | Number of candidates
  • Comment

    BLANK

  • Source

    'French speaking media [...] From 1964 'tribunes' of eight minutes allocated proportionally according to number of seats in Conseil Culurel [...] Dutch speaking media: since 1979 groups represented by 10 members of the nederlandse Culturaad can create an organization entitled to make programmes. Time allocated equally for 50% and proportionally for 50%-' (p. 101) (Source: Bruce E. Cain, Russell J. Dalton, Susan E. Scarrow (2003) Democracy transformed: expanding political opportunities in advanced industrial democracies, Oxford University Press, Oxford)

    P 17, 'The public service broadcaster RTBF adopted a detailed election plan which foresaw the allocation of free airtime to political parties on the basis of their parliamentaryrepresentation; parties with no parliamentary representation were given some limitedaccess on the basis of the number of candidacies filed. For the coverage of candidates in news and debates, the RTBF decided that it should be proportional to the representation of parties in the Parliament of the French Community' (Source: OSCE/ODIHR (2007) Belgium, Federal Election 10 June 2007, OSCE/ODIHR Needs Assessment Mission Report)

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

    Only to political parties.

  • Source
35. Are there provisions for any other form of indirect public funding?
  • CodeFree or subsidised transport
  • Comment

    BLANK

  • Source

    Art. 130 Electoral Code of 1894 (amended 2014)

    Art. 130. The following electoral expenses are at public expense:  
    1° the paper for the ballots the State provides  
    2° the attendance fees and the travel expenses for the members of the polling stations, under the conditions defined by the King;  
    3° The documented travel expenses of the voters who on the day of the election do not live anymore in the municipality where they are registered, under the conditions defined by the King;  
    4° the premiums due for accident insurance for the members of the polling stations to cover all sorts of fees caused by accidents happening to members of the polling stations while performing their Activities; the King determines the modalities and the covered risks. 
     

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

    Absent from laws/unregulated

  • Source
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo data
  • Comment

    Absent from laws/unregulated

  • Source

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

    Any attempt of vote buying is condemned under the electoral code.

     

  • Source

    Article 181 of the Electoral Code of 1894, (amended in 2014)

    Art. 181. Whoever gives, offers or promises directly or indirectly, even in form of a bet, money, valuables or any other advantage or security in exchange for a vote, or vote abstention or an authorization to vote mentioned in article 147bis, or offering the described advantages depending on the result of the election, shall be punished and sentenced to prison for between 8 days up to one month and fined between 50 and 500 euros or only one of the two punishments

39. Are there limits on the amount a political party can spend?
  • CodeYes
  • Comment

    BLANK

  • Source

    Article 2 of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

     Art. 2. (§ 1. The total expenses and financial obligations related to the election propaganda of political parties on federal level, on electoral divisions level and on electoral bodies level, shall not exceed, for the elections of the Chamber of representatives, the value of (EUR 1,000,000). 

40. If there are limits on the amount a political party can spend, what is the limit?
  • Code EUR 1,000,000
  • Comment
  • Source

    Article 2 of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

41. Are there limits on the amount a candidate can spend?
  • CodeYes
  • Comment

    Specific limits to parliamentary candidates.

  • Source

    Article 2 of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

42. If there are limits on the amount a candidate can spend, what is the limit?
  • Code Depends on candidate's position on the nomination list; limit includes fixed amount and amount for registered voter in previous election
  • Comment

    BLANK

  • Source

    Article 2 of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    Art. 2. For each candidate on top of the list up to the number of mandates obtained by his(their) list(s) during the first elections and for any additional candidate to be appointed by the political party (on the presented list of candidates): (EUR 8,700), increased by (EUR 0,035) per voter registered during prior elections for the House of representatives within the election division where the candidate is presented

43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo data
  • Comment

    BLANK

  • Source
44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo data
  • Comment

    BLANK

  • Source
45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo data
  • Comment

    BLANK

  • Source
46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo data
  • Comment

    BLANK

  • Source

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

    BLANK

  • Source

    Article 23 of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

     Art. 23. § 1. The board of administrators of the institution specified at article 22 draws up a financial report on the annual reports of the political party and its components. The financial report is drawn up each year according to the provisions of the law of July 17, 1975 regarding the companies’ accounting and annual reports and orders of execution. 

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

    BLANK

  • Source

    Annex Art N(3) Act of the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    Art. N. The financial report specified at article 23 includes at least the following documents: 
    3. The consolidated annual reports of the political party and its components  including the consolidated balance sheet, consolidated profit and loss account, with explanatory notes on the consolidated balance sheet and consolidated profit and loss account according to the model set forth by the Commission of control regarding the election expenses and political party’s accounting. 

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

    BLANK

  • Source

    Art.1 (4)  the Act of 4 July 1989 on the Limitation and Control of Election Expenses (amended in 2015).

    "The Commission of control is bound to consult, under the conditions stipulated by this law, the Audit Office both for the control of election expenses of political parties and individual candidates and for the control of financial reports drawn up by political parties and their components."

50. Do third parties have to report on election campaign finances?
  • CodeNo data
  • Comment
  • Source
51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment

    Financial information from political parties' and individual candidates' election campaigns is in the Belgian Official Gazette.

  • Source

    Art 6 Act of 4 July 1989 on the limitation and control of election expenses (amended in 2015).

    Art. 6. Upon request of a list number, political parties submit a written statement in which they commit to: 
    3° [...] The written statement, the statement with the election expenses and the statement with the origin of funds, as well as the confirmation of receipt, are drawn up based upon special forms set forth by the Ministry of Internal Affairs and published in due time in the Belgian Official Gazette. The forms of the election expenses statement and the statement with the origin of funds, as wel as the registration forms specified at paragraph 2, are made available to the political parties at a later date, upon request of a list number. 

     

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

    Donors of all donations equivalent to EUR 125 or more must be disclosed. Parties must have a register of donations received. 

  • Source

    Article16bis of the Act of 4 July 1989 on the limitation and control of election expenses, amended in 2015

    Art. 16bis. Without prejudice to the registration obligation as specified at article 6, paragraph 2, and article 116, § 6, subparagraph 2, of the Election Code, the identity of natural persons making donations, in any form, equivalent to 125 euros and more to political parties and their components, lists, candidates and political representatives shall be annually registered by the beneficiaries.

     "while it is clear that all donations in excess of EUR 125 and the identity of the donor must be recorded (in connection with party financing and election campaigns of parties and candidates), there is no provision for donations below this sum to be registered individually and for a receipt to be issued.‌" (p.‌ 19) (GRECO (2009), Evaluation Report on Belgium, Transparency of Political Party Funding (Theme II))

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

    Origins of all of funds must be documented and included into written statements drawn up based upon special forms set forth by the Ministry of Internal Affairs.

  • Source

    Art 6 Act of 4 July 1989 on the limitation and control of election expenses, amended in 2015

    Art. 6. Upon request of a list number, political parties submit a written statement in which they commit to: 
    3° keep, for two years starting with the elections date, the documentary  evidence related to the election expenses and origin of funds. As far as gifts are listed in the statement of the origin of funds, they also commit to record th identity of the natural persons making donations equivalent to 125 euros or more to finance the election expenses, not to disclose it and to transmit it within fourty-five days after the elections date to the Commission of control, who shall check the observance of this obligation according to article 16bis. The written statement, the statement with the election expenses and the statement with the origin of funds, as well as the confirmation of receipt, are drawn up based upon special forms set forth by the Ministry of Internal Affairs and published in due time in the Belgian Official Gazette. The forms of the election expenses statement and the statement with the origin of funds, as wel as the registration forms specified at paragraph 2, are made available to the political parties at a later date, upon request of a list number. 

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

    All expenses must be documented and included into a written statement drawn up based upon special forms set forth by the Ministry of Internal Affairs.

  • Source

    Art 6 Act of 4 July 1989 on the limitation and control of election expenses, amended in 2015

    Art. 6. Upon request of a list number, political parties submit a written statement in which they commit to: 
    3° keep, for two years starting with the elections date, the documentary  evidence related to the election expenses and origin of funds. As far as gifts are listed in the statement of the origin of funds, they also commit to record th identity of the natural persons making donations equivalent to 125 euros or more to finance the election expenses, not to disclose it and to transmit it within fourty-five days after the elections date to the Commission of control, who shall check the observance of this obligation according to article 16bis. The written statement, the statement with the election expenses and the statement with the origin of funds, as well as the confirmation of receipt, are drawn up based upon special forms set forth by the Ministry of Internal Affairs and published in due time in the Belgian Official Gazette. The forms of the election expenses statement and the statement with the origin of funds, as wel as the registration forms specified at paragraph 2, are made available to the political parties at a later date, upon request of a list number. 

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

    Financial reports are received by the Ministry of Finance and President of the Chamber of Representatives.

  • Source

    Art 24 Act of 4 July 1989 on the limitation and control of election expenses, amended in 2015.

    Art. 24. The report specified at article 23 shall be sent within (one hundred and twenty days) from the closing of accounts to the Ministry of Finances and to the presidents of the Chamber of representatives (who shall make sure that the report is immediately published in the Parliamentary Documents).

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeYes, other | Yes, institution for this purpose
  • Comment

    Financial reports are examined and approved by The Commission of Control, based upon the opinion provided by the Audit Office.

  • Source

    Art 24(3) Act of 4 July 1989 on the limitation and control of election expenses, amended in 2015

    "The Commission of control formulates its findings and approves the financial report (within 135 days after the term specified at paragraph 1), especially based upon the opinion provided by the Audit Office, as far as no irregularities are found out. The opinion of the Audit Office is attached to the report of the Commission of control."

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeImpose sanctions
  • Comment

    Commision of Control may impose on political parties and candidates sanctions such as administrative fines, seizure of subsidy and caution.

  • Source

    Art 25 and Art16 bis Act of 4 July 1989 on the limitation and control of election expenses, amended in 2015

    Art. 25. The failure to submit the financial report to the Commission of control within the period prescribed in Article 24, first paragraph, implicate an automatic suspension of the subsidy to be granted to the institution specified at article 22 until the date of receipt of the report. Upon the receipt of the report, the Commission of control shall impose to the political party the following sannctions: a) administrative fine of 1,000 euros per day of delay, with a maximum of 30,000 euros; b) seizure of the subsidy until the day of the receipt of the report (only if the deposit exceeds the deadline set in article 24, paragraph 1, of more than thirty days).   In case of rejection of the financial report, the Commission of control may impose one of the following sanction: a) caution; b) administrative fine between 1,000 and 100,000 euros. In case of recidivism the administrative fine is doubled.                          

    Art. 16 bis. The political party that accepts a donation in breach of article 16 bis, loses its right to the subsidy, up to the double of the donation received. The person that in breach of article 16 bis make a donation to a political party, its components, lists, candidates and political representatives is punished with an administrative fine between 26 and 100.000 euros. The person that accept a donation as a candidate or political representative is punished with the same administrative fine.

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

    BLANK

  • Source

    Art 25 and Art16 bis Act of 4 July 1989 on the limitation and control of election expenses, amended in 2015

    Art. 25. The failure to submit the financial report to the Commission of control within the period prescribed in Article 24, first paragraph, implicate an automatic suspension of the subsidy to be granted to the institution specified at article 22 until the date of receipt of the report. Upon the receipt of the report, the Commission of control shall impose to the political party the following sannctions: a) administrative fine of 1,000 euros per day of delay, with a maximum of 30,000 euros; b) seizure of the subsidy until the day of the receipt of the report (only if the deposit exceeds the deadline set in article 24, paragraph 1, of more than thirty days).   In case of rejection of the financial report, the Commission of control may impose one of the following sanction: a) caution; b) administrative fine between 1,000 and 100,000 euros. In case of recidivism the administrative fine is doubled.                          

    Art. 16 bis. The political party that accepts a donation in breach of article 16 bis, loses its right to the subsidy, up to the double of the donation received. The person that in breach of article 16 bis make a donation to a political party, its components, lists, candidates and political representatives is punished with an administrative fine between 26 and 100.000 euros. The person that accept a donation as a candidate or political representative is punished with the same administrative fine.

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