Germany
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
The Political Parties Act § 25 prohibits donations from foreign interests to German political parties, except in narrowly defined cases involving EU citizens, German-owned companies abroad, or political cooperation within Europe. Source
§ 25 (2) Nr. 3 Parteiengesetz (PartG) Section 25 (2) No. 3 Political Parties Act Available at: https://www.bundeswahlleiterin.de/dam/jcr/1aedeb82-9067-4321-acce-880ba22ddc28/parteiengesetz.pdf
|
2. Is there a ban on donations from foreign interests to candidates? |
Code
No
Comment
Legal Situation on Donations to Candidates in Germany Source
Availabel at: https://doi.org/10.25838/oaj-mip-2020158-166
|
3. Is there a ban on corporate donations to political parties? |
Code
Yes
Comment
The Political Parties Act § 25 prohibits corporate donations to political parties, except in narrowly defined cases of Section 25 (2) No. 3. "business enterprise of whose shares more than 50 per cent are owned by Germans as defined by the Basic Law or by a citizen of the European Union, or whose registered office is located in a Member State of the European Union. Source
§ 25 (2) Nr. 3 Parteiengesetz (PartG) Section 25 (2) No. 3 Political Parties Act Available at: https://www.bundeswahlleiterin.de/dam/jcr/1aedeb82-9067-4321-acce-880ba22ddc28/parteiengesetz.pdf
|
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
Legal Situation on Donations to Candidates in Germany Source
Availabel at: https://doi.org/10.25838/oaj-mip-2020158-166
|
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
Source
§ 25 (2) Nr. 4 PartG
Available at: https://www.bundeswahlleiterin.de/dam/jcr/1aedeb82-9067-4321-acce-880ba22ddc28/parteiengesetz.pdf
|
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
Legal Situation on Donations to Candidates in Germany Source
Availabel at: https://doi.org/10.25838/oaj-mip-2020158-166
|
7. Is there a ban on anonymous donations to political parties? |
Code
Yes, above certain threshold
Comment
Donations above 500,- Euro Source
Source: Section 25 (2) No. 6 Political Party Act Spenden von mehr als 500 Euro, The following shall be excluded from the right of political parties to accept donations: Available at: https://www.bundeswahlleiterin.de/dam/jcr/1aedeb82-9067-4321-acce-880ba22ddc28/parteiengesetz.pdf
|
8. Is there a ban on anonymous donations to candidates? |
Code
No
Comment
Legal Situation on Donations to Candidates in Germany Source
Availabel at: https://doi.org/10.25838/oaj-mip-2020158-166
|
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Comment
Legal Situation on Donations to Candidates in Germany Source
Availabel at: https://doi.org/10.25838/oaj-mip-2020158-166 |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Comment
Legal Situation on Donations to Candidates in Germany Source
Availabel at: https://doi.org/10.25838/oaj-mip-2020158-166 |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Source
Source: Section 25 (2) No. 5 Political Party Act (DE) (EN) Donations from enterprises Available at: https://www.bundeswahlleiterin.de/dam/jcr/1aedeb82-9067-4321-acce-880ba22ddc28/parteiengesetz.pdf
|
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No
Comment
Legal Situation on Donations to Candidates in Germany Source
Availabel at: https://doi.org/10.25838/oaj-mip-2020158-166
|
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
The use of state resources in favour of or against a political party or candidate is prohibited. Although there is no single explicit statutory article titled “ban on the use of state resources,” the prohibition arises from constitutional principles and the Political Parties Act. Source
Source: BVerfGE 44, 125 (146 ff.) – “Language Directive” ruling (1977); BVerfGE 138, 102 (para. 63 ff.) (DE) Verfassungsprinzip der staatlichen Neutralität Unter dem Grundgesetz ist der Staat verpflichtet, im politischen Wettbewerb neutral zu bleiben. (EN) Constitutional Principle of State Neutrality Under the Basic Law (Grundgesetz), the state must remain neutral in the political competition between parties and candidates. Available at: https://www.gesetze-im-internet.de/gg/
|
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
No
Comment
No period distinction; no donation limit. Publication required based on amount. |
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
Not applicable
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No
|
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
Not applicable
|
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? |
Code
No
|
21. Is there a limit on in-kind donations to political parties? |
Code
No
|
22. Is there a limit on in-kind donations to candidates? |
Code
No
|
23. Is there a ban on political parties engaging in commercial activities? |
Code
No
|
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
|
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
|
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
|
27. Are there provisions requiring donations to go through the banking system? |
Code
Sometimes
Source
Source: Section 25 (1) Political Party Act (DE) (EN) Available at: https://www.bundeswahlleiterin.de/dam/jcr/1aedeb82-9067-4321-acce-880ba22ddc28/parteiengesetz.pdf
|
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Source
Source: Section 18 Principles and extent of public funding (DE) (EN) Available at: https://www.bundeswahlleiterin.de/dam/jcr/1aedeb82-9067-4321-acce-880ba22ddc28/parteiengesetz.pdf
|
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Source
Source: Section 18 (4) Political Party Act (DE) (EN) Available at:
|
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Flat rate by votes received
Other
Comment
Other: The total amount of its membership dues and contributions from holders of elected public office, and the amount of donations received. Source
Source: Section 18 (1) Political Party Act (DE) (EN) Available at:
|
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
No
|
32. Are there provisions for free or subsidized access to media for political parties? |
Code
No
Source
(DE) Wahlwerbung (EN) Election advertising Available at: |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Other
Comment
Access to airtime for election advertising Source
(DE) Wahlwerbung (EN) Election advertising Available at: |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
No
|
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
Indirect Public Funding for Political Parties – Subsidized Media Access: – Access to Public Spaces for Campaigning: – Discounted Postage: – Tax Advantages: – Political Foundations: – Access to Public Information: Source
These benefits are not part of the Political Party Act, but rather spread across different laws. |
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
Source
Source: Section 108b German Criminal Code – Bribing voters (DE) (EN) Available at:
|
39. Are there limits on the amount a political party can spend? |
Code
No
|
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Not applicable
|
41. Are there limits on the amount a candidate can spend? |
Code
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? |
Code
No
Comment
Spending of third parties on election campaings of a political party are considered a donation. |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
|
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
|
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Source
Source: Fünfter Abschnitt "Rechenschaftslegung" / Section 5 "Accountability" of the Political Parties Act Section 23 Political Parties Act – Obligation to submit a public statement of accounts (DE) (1) Der Vorstand der Partei hat über die Herkunft und die Verwendung der Mittel sowie über das Vermögen der Partei zum Ende des Kalenderjahres (Rechnungsjahr) in einem Rechenschaftsbericht wahrheitsgemäß und nach bestem Wissen und Gewissen öffentlich Rechenschaft zu geben. (EN) 1) At the end of the calendar year (accounting year), the party’s Executive Committee shall, truthfully and to the best of its knowledge and belief, publicly account for the origin and use of funds and the party’s assets in a statement of accounts. Available at:
|
48. Do political parties have to report on their election campaign finances? |
Code
No
|
49. Do candidates have to report on their election campaign finances? |
Code
No
|
50. Do third parties have to report on election campaign finances? |
Code
No
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Source
Source: Section 23 (2) Political Parties Act (DE) (EN) Available at:
|
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
Reports from political parties must disclose the identity of donors for individual donations exceeding €500. Donations and contributions from officeholders exceeding €10,000 per year must be recorded in the accountability report with donor names and addresses. Large donations exceeding €35,000 must be immediately reported to the President of the German Bundestag, who publishes them publicly. Source
Source: Section 25 (2) No. 6 Political Parties Act (DE) (EN) Source: Section 25 (3) Political Parties Act (DE) (EN) Available at:
|
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Comment
Only political parties, not candidates Source
Source: Section 26 Political Parties Act – Definition of 'income' (DE) (EN) Source: Section 27 Political Parties Act – Individual types of income (DE) (EN) Source: Section 27a Political Parties Act – Advertising Measures by Third Parties (DE) (EN) Available at: https://www.bundeswahlleiterin.de/dam/jcr/1aedeb82-9067-4321-acce-880ba22ddc28/parteiengesetz.pdf
|
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Comment
Only political parties, not candidates Source
Source: Section 26a Political Parties Act – Definition of 'expenditure' (DE) (EN) Available at:
|
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Other
Comment
Bundestagpräsidentin is the central authority responsible for receiving, reviewing, and publishing financial reports from political parties. Candidates are not requierd to submit financial reports. Source
Source: Section 26a Political Parties Act (DE) (EN) Available at:
|
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Comment
Bundestagspräsidentin and Auditing Agency Source
Source: Section 23 (3) sentence 1 Political Parties Act (DE) (EN) Source: Section 23 (2) sentence 1 Political Parties Act (DE) (EN) Source: Section 21 (2) Political Parties Act (DE) (EN) Available at:
|
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Carry out investigation
Comment
request additional information from potential violator; impose sanctions Source
Source: Section 23 – Obligation of Public Accountability Section 23a – Examination of the Statement of Accounts (DE) (3) Der Präsident des Deutschen Bundestages prüft gemäß § 23a, ob der Rechenschaftsbericht den Vorschriften des Fünften Abschnitts entspricht. (EN) Available at
|
58. What sanctions are provided for political finance infractions? |
Code
Source
Source: Section 31a Political Parties Act – Recovery of State Funding (DE) (EN) Source: Section 31d Political Parties Act – Criminal Penalties (DE) (EN) Source: Section 31e Political Parties Act – Administrative Fines (DE) (EN) Available at:
|