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Political Finance Database

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Spain

2016

2018

Bans and limits on private income

Public funding

Regulations of spending

Reporting, oversight and sanctions

Question	Value
1. Is there a ban on donations from foreign interests to political parties?	Code No Comment Political parties can accept donations from foreign natural persons, within the limits provided by the law for private donations. However, they are not allowed to receive donations from foreign governments.
2. Is there a ban on donations from foreign interests to candidates?	Code No Comment The present legislation on political funding covers political parties and not candidates.
3. Is there a ban on corporate donations to political parties?	Code Yes Comment Parties cannot receive private donations from juridical persons, or entities without juridical persons (i.e. private associations)
4. Is there a ban on corporate donations to candidates?	Code Yes Comment The present legislation on political funding covers political parties and not candidates. Given the party-oriented regulations, candidates fall under the same rules.
5. Is there a ban on donations from Trade Unions to political parties?	Code No
6. Is there a ban on donations from Trade Unions to candidates?	Code No Comment The present legislation on political funding covers political parties and not candidates.
7. Is there a ban on anonymous donations to political parties?	Code Yes Comment political parties can receive donations from natural persons that whose name is shown. The ban on anonymous donations is made explicit in article 5 of the law.
8. Is there a ban on anonymous donations to candidates?	Code Yes Comment The present legislation on political funding covers political parties and not candidates. Given the party-oriented regulations, the same limits also apply to candidates. Source GRECO reports
9. Is there a ban on donations from corporations with government contracts to political parties?	Code Yes Source art?culo 4.- 'Los partidos pol?ticos no podr?n aceptar o recibir directa o indirectamente, donaciones de organismos, entidades o empresas p?blicas.c) Los partidos pol?ticos no podr?n aceptar o recibir, directa o indirectamente, donaciones de empresas privadas que, mediante contrato vigente, presten servicios o realicen obras para las Administraciones P?blicas, organismos p?blicos o empresas de capital mayoritariamente p?blico. Tampoco podr?n aceptar o recibir donaciones de empresas pertenecientes al mismo grupo que aquellas, de empresas participadas mayoritariamente por aquellas ni de sus fundaciones.d) Los partidos pol?ticos no podr?n aceptar o recibir directa o indirectamente, donaciones de fundaciones privadas, asociaciones u otras entidades que reciban subvenciones de las Administraciones P?blicas o cuyo presupuesto est? integrado, en todo o en parte, por aportaciones directas o indirectas de dichas Administraciones.' (Source: Organic Law 8/2007, on the funding of political parties, as modified by law 5/2012)
10. Is there a ban on donations from corporations with government contracts to candidates?	Code Yes Source The present legislation on political funding covers political parties and not candidates. So, regulations addressing political parties also extends to candidates
11. Is there a ban on donations from corporations with partial government ownership to political parties?	Code Yes Source art?culo 4.- 'Los partidos pol?ticos no podr?n aceptar o recibir directa o indirectamente, donaciones de organismos, entidades o empresas p?blicas.c) Los partidos pol?ticos no podr?n aceptar o recibir, directa o indirectamente, donaciones de empresas privadas que, mediante contrato vigente, presten servicios o realicen obras para las Administraciones P?blicas, organismos p?blicos o empresas de capital mayoritariamente p?blico. Tampoco podr?n aceptar o recibir donaciones de empresas pertenecientes al mismo grupo que aquellas, de empresas participadas mayoritariamente por aquellas ni de sus fundaciones.d) Los partidos pol?ticos no podr?n aceptar o recibir directa o indirectamente, donaciones de fundaciones privadas, asociaciones u otras entidades que reciban subvenciones de las Administraciones P?blicas o cuyo presupuesto est? integrado, en todo o en parte, por aportaciones directas o indirectas de dichas Administraciones.' (Source: Organic Law 8/2007, on the funding of political parties, as modified by law 5/2012)
12. Is there a ban on donations from corporations with partial government ownership to candidates?	Code Yes Source The present legislation on political funding covers political parties and not candidates. So, regulations addressing political parties also extends to candidates
13. Is there a ban on the use of state resources in favour or against a political party or candidate?	Code No data
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 natural persons Source Art?culo 5. [...] Los partidos pol?ticos no podr?n aceptar o recibir directa o indirectamente: b) Donaciones procedentes de una misma persona superiores a 50.000 euros anuales.Art?culo 4. -' f) Cuando la suma del valor de las donaciones efectuadas por una misma persona f?sica exceda del l?mite m?ximo anual permitido se proceder? a la devoluci?n del exceso al donante. Cuando ello no haya resultado posible, la cantidad o el equivalente del bien en met?lico, se ingresar? en el Tesoro en el plazo de tres meses desde el cierre del ejercicio' (Source: Organic Law 8/2007, on the funding of political parties, as modified by law 3/2015)
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?	Code Annual limit is EUR 50.000 per individual Comment donations from individuals, both natural and juridical, cannot exceed 50.000 ?. The amount exceeding this absolute limits should be returned to the donor.
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 Source 'Thisrestriction is tightened up with respect to donations to election campaigns which must notexceed 6,000 EUR per person (Article 129, Organic Law 5/1985 on the General ElectionRegime)' (p. 7) (Source: GRECO (2009) Evaluation Report on Spain, Transparency of Party Funding (Theme II))
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 EUR 6,000 [I$ 8,100] per person
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
29. What are the eligibility criteria for political parties to receive public funding?	Code Representation in elected body Not having in leading position someone found guilty of serious offence
30. What is the allocation calculation for political parties to receive public funding?	Code Proportional to votes received Proportional to seats received Comment Funding allocated proportionally to seats/votes gained in the preceding elections.
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?	Code Campaign spending Ongoing party activities Extraordinary subsidies for advertising purposes & security expenses, direct public funding from the budget of local communities, extraordinary funds for referendum purposes
32. Are there provisions for free or subsidized access to media for political parties?	Code Yes
33. What criteria determine allocation for free or subsidized access to media for political parties?	Code Share of seats Votes Received Comment Proportional to number of seats and votes won.
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 Discount postage rates for campaign mailing and campaign hoarding (billboards), and public meeting rooms are provided free of charge by municipalities during election campaigns.
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?	Code No
37. Are there provisions for other financial advantages to encourage gender equality in political parties?	Code No

Question	Value
38. Is there a ban on vote buying?	Code Yes
39. Are there limits on the amount a political party can spend?	Code Yes
40. If there are limits on the amount a political party can spend, what is the limit?	Code General elections: EUR 0.24 [I$ 0,33] per resident in the electoral districts where the party presents its list.- European Parliament elections: EUR 0.12 [I$ 0,16] per resident- Municipal elections: EUR 0.07 [I$ 0,10] per resident.Additionally EUR 96,162 [I$ 131,000] for each province where the political party meets certain conditions.
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 Political parties must keep up-to-dates reports which register both receipts and expenditures. Each year, they must submit this reports to the Tribunal de Cuentas (auditing agencies) within the 30th of june.
48. Do political parties have to report on their election campaign finances?	Code Yes
49. Do candidates have to report on their election campaign finances?	Code No
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 Political parties are required to publish balance sheets and income statements on their websites, within one month from the submission of those ones to the accounting body.
52. Must reports from political parties and/or candidates reveal the identity of donors?	Code Yes Comment Financial reports should report donors' identity.
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 Court Comment Competence of control on parties' financial reports lies exclusively with the Courts of Audit (Tribunal de Cuentas).
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?	Code Court Comment Court of Audit
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 Prison Loss of public funding Loss of political rights Comment Additional sanctions include special disqualification from exercising the right to vote and for standing for election.

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