Summary
States should require that the infringement of rules regarding party funding be subject to effective and proportionate sanctions.
Election Parts
Quotes
- States should require the infringement of rules concerning the funding of political parties and electoral campaigns to be subject to effective, proportionate and dissuasive sanctions.
- The ideal requirements for political finance regulation in post-conflict societies listed below should be viewed as goals for the international community to achieve given the challenging constraints in which they are operating. There are three key requirements in the areas of legal framework, resources for political actors and institutions....3. Effective institutions and processes for enforcement of political finance regulation, including: Penalties and sanctions that are graduated and appropriate to the seriousness of the violation of political finance restrictions, reporting requirements or other regulations.
- The violation of party finance regulations must be effectively sanctioned.
- The enforcement of political finance laws and regulations requires the existence of independent oversight authorities and an effective system of sanctions to end impunity.
- The legal framework for party and candidate financing should include provisions for disclosure, reporting, monitoring and enforcement.
- States should require that any infringement of rules concerning the funding of political parties and election campaigns be subject to effective, proportionate and dissuasive sanctions.
- Any irregularity in the financing of a political party shall entail sanctions proportionate to the severity of the offence that may consist of the loss of all or part of public financing for the following year. Any irregularity in the financing of an electoral campaign shall entail, for the party or candidate at fault, sanctions proportionate to the severity of the offence that may consist of the loss or the total or partial reimbursement of the public contribution, the payment of a fine or another financial sanction or the annulment of the election.
- Any irregularity in the financing of an electoral campaign shall entail, for the party or candidate at fault, sanctions proportionate to the severity of the offence that may consist of the loss or the total or partial reimbursement of the public contribution, the payment of a fine or another financial sanction or the annulment of the election.
- To this effect, party financing legislation should include stipulations regulating at least four distinct aspects relating to the transparency of political finance: Enforcement: a legal system of sanctions to ensure that regulations on party financing are not evaded and to impose penalties when the law is breached. The provisions regarding transparency, control and enforcement of party financing should be laid down in public law. Almost every legal framework of party financing will include some provisions for disclosure, reporting, monitoring and enforcement.
- Sanctions should be imposed on electoral contestants who violate campaign finance regulations. Sanctions should eliminate any benefit obtained from failing to comply with the law, punish those who fail to comply and deter future non-compliance.
- Sanctions must at all times be objective, enforceable, effective and proportionate to their specific purpose. A range of sanctions may be applied, including warnings, administrative fines, partial or total loss of public funds and, in the case of significant violations, criminal prosecution.
- The more serious sanctions, such as dissolution of a party, should only be a measure of last resort, as determined by a court, in compliance with due process of law and only for the most serious violations.
- The more serious sanctions, such as dissolution of a party, should only be a measure of last resort, as determined by a court, in compliance with due process of law and only for the most serious violations.
- It is important that the law establishes sanctions in proportion to the gravity of the offence and does not penalise a minor violation such as exceeding donation or expenditure limits with a severe penalty such as the loss of civil or political rights. Conversely, serious breaches of the law should not be penalised too lightly.
- Sanctions should be applied against political parties found to be in violation of relevant laws and regulations and should be dissuasive in nature. Moreover, in addition to being enforceable, sanctions must at all times be objective, effective, and proportionate to the specific violation.