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

Belgium

Belgium

Answer
Impose sanctions
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.

Comment

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

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