Montenegro
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
|
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
.
|
3. Is there a ban on corporate donations to political parties? |
Code
No
|
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
.
|
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
|
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Comment
.
|
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
|
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
.
|
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Source
IV PROHIBITIONS Prohibition of Financing Article 19(...)It is prohibited to the parliamentary party and other nominators of electoral lists to accept donations from business organizations and entrepreneurs performing public services pursuant to contract with government bodies for two years, during period of business relations, and for duration of two years after business relation is completed. (Source: Law on Financing of Political Parties) |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Source
Art 12, 'Reception of material and financial assistance from: ... public institutions and companies with the share of state capital... shall be prohibited.' (Source: Law on Financing the Election Campaign for the President of Montenegro, Mayor and President of Municipality (Official Gazette of Montenegro 08/09 of 4 February 2009)) |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Source
IV PROHIBITIONS Prohibition of Financing Article 19(...)It is prohibited to the parliamentary party and other nominators of electoral lists to accept donations from business organizations and entrepreneurs performing public services pursuant to contract with government bodies for two years, during period of business relations, and for duration of two years after business relation is completed. (Source: Law on Financing of Political Parties) |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Source
Art 12, 'Reception of material and financial assistance from: ... public institutions and companies with the share of state capital... shall be prohibited.' (Source: Law on Financing the Election Campaign for the President of Montenegro, Mayor and President of Municipality (Official Gazette of Montenegro 08/09 of 4 February 2009)) |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
Public facilities and vehicles must not be used in election campaigns. Public servants may not engage in campaigning during office hours. A number of provisions also exist against public spending during election periods that may benefit the government party/parties. |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
Yes, for both natural and legal persons
Comment
Limit for donations to regular operations of a political party from a natural person is EUR 2,000, [I$ 3,700] from legal person EUR 10,000 [I$ 18,000] per annum. Source
Financing from Private Resources Article 9 The amount of funds from private resources, except from membership fees funds, collected by a political party in a single calendar year for its regular operations, may not exceed 100% of the funds accrued by the budget funds.A political party not entitled to budget funds may collect funds from private resources up to 5% of all funds from Article 8 Paragraph 1 of this Law, except for membership fees funds. For financing regular operations of a political party natural person may pay up to 2.000 euros and legal person up to 10.000 euros per annum.Private Resources Funds Article 16 Amount of funds from private resources that nominator of electoral list collected for financing election campaign shall not exceed twentyfold amount of funds accrued pursuant to Article 11 Paragraph 2 of this Law. For financing election campaign natural person may not pay amount exceeding 2.000 euros and legal person 10.000 euros per annum. (Source: Law on Financing of Political Parties) |
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit? |
Code
Annual limit is EUR 2,000 [I$ 3,700] (natural person); EUR 10,000 euro [I$ 18,000] (legal person)
Comment
For financing regular operations of a political party natural person may pay up to EUR 2,000 [I$ 3,700] and legal person up to EUR 10,000 [I$ 18,000] per annum.
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
Yes, for both natural and legal persons
Comment
For financing election campaign natural person may not pay amount exceeding EUR 2,000 [I$ 3,700] and legal person EUR 10,000 [I$18,000] per annum. Source
Private Resources Funds Article 16 Amount of funds from private resources that nominator of electoral list collected for financing election campaign shall not exceed twentyfold amount of funds accrued pursuant to Article 11 Paragraph 2 of this Law. For financing election campaign natural person may not pay amount exceeding 2.000 euros and legal person 10.000 euros per annum. (Source: Law on Financing of Political Parties) |
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit? |
Code
Limit for natural persons is EUR 2,000 [I$ 3,700]; for legal persons EUR 10,000 [I$ 18,000]
Comment
Limit is expressed as per year, but specifically relates to funds '[f]or financing election campaign[s]'.
|
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
No
|
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Not applicable
|
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
|
21. Is there a limit on in-kind donations to political parties? |
|
22. Is there a limit on in-kind donations to candidates? |
|
23. Is there a ban on political parties engaging in commercial activities? |
|
24. Is there a ban on political parties taking loans in relation to election campaigns? |
|
25. Is there a ban on candidates taking loans in relation to election campaigns? |
|
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
|
27. Are there provisions requiring donations to go through the banking system? |
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, both regularly and in relation to campaigns
Comment
The law provides regular funding to parliamentary political parties, and explicitly provides that this funding can be used for both regular and campaign activities.
|
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
Ongoing funding is only available to political parties with representation in the Assembly or municipal assembly. Part of the campaign funding is provided to political parties that present at least one candidate, the rest to those that win seats in the election (assuming that they submit a financial report). |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Equal Proportional to seats received
Comment
Ongoing support; 20% equal to parties that have won seats, 80% proportionate to overall share of seats in the Assembly or municipality assembly.Campaign support; 20% equal to electoral list nominators, 80% in proportion to seats won.
|
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Comment
Regular funding may be used for the regular activities of parties or its MPs, or for election campaigns. Additional funding is provided for party offices.
|
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
Free media access is provided for submitters of electoral lists during Councellors and Representatives elections, but not during the election campaign of the President, Mayors and Presidents of municipalities. |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
|
34. Are there provisions for free or subsidized access to media for candidates? |
Code
No
Comment
Only to political parties |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
State and local administration bodies shall make their premises, equipment, means and other facilities available for campaigning. Partial tax excemption.
|
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
Comment
.
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
Comment
.
|
| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
At least in Majoral elections.
|
39. Are there limits on the amount a political party can spend? |
Code
No
Comment
There is a limit on the total amount that a political party is allowed to raise from private funds, but no direct limit on spending.
|
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Not applicable
|
41. Are there limits on the amount a candidate can spend? |
Code
No
|
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Not applicable
|
43. Are there limits on the amount that third parties can spend on election campaign activities? |
|
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
|
45. Are there limits on online media advertising spending in relation to election campaigns? |
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Annual reports to be submitted by 31 March each year for the preceding calendar year
|
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
Within 30 days after the election
|
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
Presidential and local council election candidates only
|
50. Do third parties have to report on election campaign finances? |
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
Both annual and campaign finance reports should be published on EMB website.
|
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Comment
At least during election periods.
|
53. Must reports from political parties and/or candidates include information on itemized income? |
|
54. Must reports from political parties and/or candidates include information on itemized spending? |
|
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Comment
State Audit Institution, the State Election Commission and The Commercial Court
|
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Comment
State Election Commission and State Audit Institution
|
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
|
58. What sanctions are provided for political finance infractions? |
Code
Fines
Comment
In case of political finance infractions, fines are to be paid.
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