Bans and limits on private income |
| Is there a ban on donations from foreign interests to political parties? |
Yes. Only where donation exceeds 2,500 euros.
(Section 3, §6(6)(6) Political Parties Act, 2012, amended 2013) |
| Is there a ban on donations from foreign interests to candidates? |
Yes. Only where donation exceeds 2,500 euros.
Foreign donations (from both natural and legal persons) are capped at €500.
(Section 3, §6(9) Political Parties Act, 2012, amended 2013) |
| Is there a ban on corporate donations to political parties? |
Yes. Only where donation exceeds 2,500 euros or where the entity obviously wants to channel donation exceeding 1000 Euros from an anonymous donor. The provisions specify that donations above 2,500 Euro for natural and legal persons are banned. This includes corporations. This is made clear in §6(3)(2) which states that the financial report should include information on "total amount of donations received from natural and legal persons registered in the companies register,"
Donations from legal persons (companies and all its subsidiaries in total) are capped at €7,500 per calendar year.
(Section 3 § 6(6)(7), 6(6)(8) & 6(6)(9) Political Parties Act, 2012, amended 2013 ) |
| Is there a ban on corporate donations to candidates? |
Yes. Only where donation exceeds 2,500 euroes or where the entity obviously wants to channel donation exceeding 1000 Euros from an anonymous donor. The provisions specify that donations above 2,500 Euro for natural and legal persons are banned. This includes corporations. This is made clear in §6(3)(2) which states that the financial report should include information on "total amount of donations received from natural and legal persons registered in the companies register,"
(Section 3 § 6(6)(7), 6(6)(8) & 6(6)(9) Political Parties Act, 2012, amended 2013 ) |
| Is there a ban on donations from corporations with government contracts to political parties? |
No. No specific provision, although the rules stipulate that donations from "natural or legal persons who clearly want to make a donation to the party in anticipation of or in return for a specific economic or legal advantage" are not permitted.
(Section 3, Bundesgesetz über die Finanzierung politischer Parteien) |
| Is there a ban on donations from corporations of partial government ownership to political parties? |
Yes. Where the public sectior holds a share of at least 25% in the undertaking or insitution.
Political parties shall not accept donations from companies and institutions in which the public sector has a direct or at least 10% indirect interest.
(Section 3 § 6(6)(5) Political Parties Act, 2012, amended 2013) |
| Is there a ban on donations from corporations with government contracts to candidates? |
No. No specific provision, although the rules stipulate that donations from "natural or legal persons who clearly want to make a donation to the party in anticipation of or in return for a specific economic or legal advantage" are not permitted.
(Section 3, Bundesgesetz über die Finanzierung politischer Parteien) |
| Is there a ban on donations from corporations of partial government ownership to candidates? |
Yes. Where the public sectior holds a share of at least 25% in the undertaking or insitution.
Candidates shall not accept donations from companies and institutions in which the public sector has a direct or at least 10% indirect interest.
(Section 3 § 6(6)(5) & 6(6)(9) Political Parties Act, 2012, amended 2013) |
| Is there a ban on donations from Trade Unions to political parties? |
No. Subsidies from Trade Unions are explicitly excluded from the definition of "donation".
[(5)Per donor, regardless of whether they are a legal entity or a natural person, donations to a political party within the meaning of § 2 Z 1 are only permitted up to a total amount of €7,500 per calendar year. For legal entities that have subsidiaries or similar structures, this maximum amount applies per calendar year in total. For newly emerging parties campaigning for election within the meaning of paragraph 1a, third sentence, the maximum amount is five times that amount. For political parties not represented in the state parliament within the meaning of the last sentence of paragraph 1a, the maximum amount is doubled, provided that the donations are earmarked by the donor for the purposes of election advertising in the context of the respective state parliament election campaign and are used accordingly.
Trade unions are not included in the list of non-permittable donations.
(Section 1 §2(5)(f) Political Parties Act, 2012, amended 2013) |
| Is there a ban on donations from Trade Unions to candidates? |
No. Subsidies from Trade Unions are explicitly excluded from the definition of "donation"
Per donor, regardless of whether they are a legal entity or a natural person, donations to a political party within the meaning of § 2 Z 1 are only permitted up to a total of €7,500 per calendar year. For legal entities that have subsidiaries or similar structures, this maximum amount applies per calendar year in total. For newly emerging parties campaigning for election within the meaning of paragraph 1a, third sentence, the maximum amount is five times higher. For political parties not represented in the state parliament within the meaning of the last sentence of paragraph 1a, the maximum amount is doubled, provided that the donations are earmarked by the donor for the purposes of election advertising in the context of the respective state parliament election campaign and are used accordingly.
(Section 1 §2(5)(f) Political Parties Act, 2012, amended 2013) |
| Is there a ban on anonymous donations to political parties? |
Yes. Only where donation exceeds 1,000 euros in an individual case.
Anonymous donations above €150 are not permitted
(Section 3, §6(6)(8) Political Parties Act, 2012, amended 2013) |
| Is there a ban on anonymous donations to candidates? |
Yes. Only where donation exceeds 1,000 euros in an individual case.
Anonymous donations above €150 are not permitted
(Section 3 § 6(6)(8) & 6(6)(9) Political Parties Act, 2012, amended 2013) |
| Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? |
Yes. (6) Political parties shall not accept donations from:
1. parliamentary groups as referred to in the Parliamentary Groups Funding Act 1985 (Klubfinanzierungsgesetz 1985), Federal Law Gazette No. 156, and provincial parliamentary groups,
2. legal entities as referred to in § 1 para 2 of the Journalism Subsidies Act 1984 (Publizistikförderungsgesetz 1984), Federal Law Gazette No. 369, and educational institutions of the parties subsidised by provinces,
3. bodies corporate under public law,
(Section 3 §6(6)(1) - (3) Political Parties Act, 2012, amended 2013) |
| Is there a ban on any other form of donation? |
Yes. Not-for-profit Institutions serving the support of grassroots sport, donors who noticeably want to forward a donation by an unnamed third party (if above €1,000), donors who want to grant to the party a donation, noticeably in expectation of or in return for a certain commercial or legal advantage, and donors who want to solicit donations for a party in return for remuneration to be paid by that party.
(Section 3 §6(6) Political Parties Act, 2012, amended 2013) |
| Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? |
Yes. For both natural and legal persons
Donations to a political party are only permitted in the amount of a total of € 7,500 per calendar year per donor, regardless of whether it is a legal or natural person. For legal entities that have subsidiaries or similar structures, this maximum amount per calendar year applies in total. For new election campaigning parties, the maximum amount is five times this amount. For political parties not represented in the state parliament, the maximum amount is double, provided that the donations are earmarked by the donor for election advertising purposes within the framework of the respective state parliament election campaign and are used accordingly.
(Section 3 §6 Political Parties Act, 2012, amended 2013) |
| Is there a limit on the amount a donor can contribute to a political party in relation to an election? |
Yes. "Every political party can accept donations (§ 2 subpara 5) in accordance with the following provisions..." (No limits placed on donations to parties, only reporting requirements).
Donations to a political party are only permitted in the amount of a total of € 7,500 per calendar year per donor, regardless of whether it is a legal or natural person For new election campaigning parties, the maximum amount is five times this amount (€ 37,500) For political parties not represented in the state parliament, the maximum amount is double (€ 15,000)
Donations to a political party are only permitted in the amount of a total of € 7,500 per calendar year per donor, regardless of whether it is a legal or natural person. For legal entities that have subsidiaries or similar structures, this maximum amount per calendar year applies in total. For new election campaigning parties, the maximum amount is five times this amount. For political parties not represented in the state parliament, the maximum amount is double, provided that the donations are earmarked by the donor for election advertising purposes within the framework of the respective state parliament election campaign and are used accordingly.
(Section 3 §6(1) Political Parties Act, 2012, amended 2013) |
| Is there a limit on the amount a donor can contribute to a candidate? |
Yes. No limits placed on donations to candidates, only reporting requirements.
Donations to a political party are only permitted in the amount of a total of € 7,500 per calendar year per donor, regardless of whether it is a legal or natural person. For legal entities that have subsidiaries or similar structures, this maximum amount per calendar year applies in total. For new election campaigning parties, the maximum amount is five times this amount. For political parties not represented in the state parliament, the maximum amount is double, provided that the donations are earmarked by the donor for election advertising purposes within the framework of the respective state parliament election campaign and are used accordingly.
Insofar as maximum amounts are set for donations to a political party, these apply to the sum of the donations to the political party, the donations to its related organizations and to the committees of people attributable to it, as well as to members of parliament and election candidates to support them in their work for the political party political party donations.Donations to a political party are only permitted in the amount of a total of € 7,500 per calendar year per donor, regardless of whether it is a legal or natural person For new election campaigning parties, the maximum amount is five times this amount (€ 37,500) For political parties not represented in the state parliament, the maximum amount is double (€ 15,000) Insofar as maximum amounts are set for donations to a political party, these apply to the sum of the donations to the political party, the donations to its related organizations and to the committees of people attributable to it, as well as to members of parliament and election candidates to support them in their work for the political party political party donations.
(Section 3 §6 Political Parties Act, 2012, amended 2013) |
| Eligibility criteria for direct public funding to political parties |
Yes. Political parties receive annual public financing (which can be used for both regular party activities and campaign activities),
Art 1.1, "The federation supports political parties in their activities in participating in the formation of political will at the federal level by annually granting subsidies." (Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012)
Parties that have obtained at least 1% of the votes are eligible for public funding. Parties that are represented in the National Council receive additional funding, and even more if they have at least five parliamentary seats.
( § 1.1 and § 1.2-3 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012) |
| Eligibility criteria for direct public funding to political parties: Share of votes in previous election |
Yes. Art 1.2-3, "(2) […] After deduction of the subsidies pursuant to subpara 1, the remaining funds shall be distributed among the political parties represented in the National Council pro rata to the votes cast for them in the last National Council election. (3) Political parties not represented in the National Council but which received more than 1% of the valid votes in an election for the National Council shall be entitled to subsidies for their activities for the election year. Such political parties shall receive an amount of 2.5 euros per vote cast for them in a National Council election; such subsidies shall be paid within six months following the National Council election."
(§ 1.2-3 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012) |
| Eligibility criteria for direct public funding to political parties: Representation in elected body |
Yes. Art 1.2-3, "(2) […] After deduction of the subsidies pursuant to subpara 1, the remaining funds shall be distributed among the political parties represented in the National Council pro rata to the votes cast for them in the last National Council election. (3) Political parties not represented in the National Council but which received more than 1% of the valid votes in an election for the National Council shall be entitled to subsidies for their activities for the election year. Such political parties shall receive an amount of 2.5 euros per vote cast for them in a National Council election; such subsidies shall be paid within six months following the National Council election."
(§ 1.2-3 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012) |
| Eligibility criteria for direct public funding to political parties: Participation in election |
No. Absent from legal framework.
|
| Eligibility criteria for direct public funding to political parties: Number of candidates |
No. Absent from legal framework.
|
| Eligibility criteria for direct public funding to political parties: Share of seats in previous election |
Yes. Art 1.2-3, "(2) The subsidies by the federation shall be calculated by multiplying the number of persons eligible to vote in elections for the National Council by an amount of 4.6 euros. The subsidies shall be granted to the individual political parties in the following manner: 1. Every political party represented in the National Council that has at least five members of parliament (the minimum required for the formation of a parliamentary group as referred to in § 7 of the Rules of Procedure Law of 1975 [Geschäftsordnungsgesetz 1975], Federal Law Gazette No. 410/1975) shall receive a basic subsidy in the amount of 218,000 euros;
(§ 1.2-3 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012) |
| Eligibility criteria for direct public funding to political parties: Share of votes in next election |
No. Absent from legal framework.
|
| Eligibility criteria for direct public funding to political parties: Registration as a political party |
No. Absent from legal framework.
|
| Eligibility criteria for direct public funding to political parties: Share of seats in next election |
No. Absent from legal framework.
|
| Eligibility criteria for direct public funding to political parties: Number of members |
No. Absent from legal framework.
|
| Eligibility criteria for direct public funding to political parties: Other |
Yes. Art 2.1 "Every political party that is represented by members of parliament in the European Parliament after an election for the European Parliament shall be entitled to federal subsidies after the election in accordance with the following provisions"
(§ 2 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012) |
| Allocation calculations for direct public funding to political parties |
Yes. Non-parliamentary parties receive a flat rate for each vote won [€2.5/vote). For parliamentary parties, the total funding (€4.6/eligible voter) is divided proportionally by votes won after deduction of €218,000 for each party with at least five parliamentary seats (this amount is then given equally to each such party).
(§ 1.2-3 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012) |
| Allocation calculations for direct public funding to political parties: Proportional to votes received |
Yes. 2. After deduction of the subsidies pursuant to subpara 1, the remaining funds shall be distributed among the political parties represented in the National Council pro rata to the votes cast for them in the last National Council election.
(§ 1.2 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012) |
| Allocation calculations for direct public funding to political parties: Equal |
Yes. 1. Every political party represented in the National Council that has at least five members of parliament (the minimum required for the formation of a parliamentary group as referred to in § 7 of the Rules of Procedure Law of 1975 [Geschäftsordnungsgesetz 1975], Federal Law Gazette No. 410/1975) shall receive a basic subsidy in the amount of 218,000 euros;
(§ 1.2 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012) |
| Allocation calculations for direct public funding to political parties: Proportional to seats received |
No. Absent from legal framework.
|
| Allocation calculations for direct public funding to political parties: Flat rate by votes received |
Yes. (3) Political parties not represented in the National Council but which received more than 1% of the valid votes in an election for the National Council shall be entitled to subsidies for their activities for the election year. Such political parties shall receive an amount of 2.5 euros per vote cast for them in a National Council election; such subsidies shall be paid within six months following the National Council election."
(§ 1.3 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012) |
| Allocation calculations for direct public funding to political parties: Share of expenses reimbursed |
No. Absent from legal framework.
|
| Allocation calculations for direct public funding to political parties: Proportional to candidates fielded |
No. Absent from legal framework.
|
| Allocation calculations for direct public funding to political parties: Number of members |
No. Absent from legal framework.
|
| Allocation calculations for direct public funding to political parties: Other |
No. Absent from legal framework.
|
| Earmarking provisions for direct public funding to political parties |
Yes. The funding should assist parties to participate in "the formation of political will", but no specific ear marking.
"§ 1. (1)The federal government supports political parties in their activities in the formation of political will at the federal level by providing annual funding.
[…] (3)Political parties that are not represented in the National Council but that received more than 1 percent of the valid votes in an election to the National Council are entitled to funding for their activities in the election year. These political parties receive an amount of 2.5 euros (note 1) for each vote cast for them in the National Council election; These funds must be paid out within 6 months of the National Council election.
§ 2. (1)Every political party that is represented by representatives in the European Parliament after an election to the European Parliament is entitled to federal funding after the election in accordance with the following provisions."
§ 1. (3)Political parties that are not represented in the National Council but that received more than 1 percent of the valid votes in an election to the National Council are entitled to funding for their activities in the election year. These political parties receive an amount of 2.5 euros (note 1) for each vote cast for them in the National Council election; These funds must be paid out within 6 months of the National Council election.
Additional funding for parties that are represented in the National Council.
§ 2. (1)Every political party that is represented by representatives in the European Parliament after an election to the European Parliament is entitled to federal funding after the election in accordance with the following provisions.
(Art 1.1 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012
Section 2, §3 Political Parties Act, 2012, amended 2013) |
| Earmarking provisions for direct public funding to political parties: Campaign spending |
Yes. 4. Every political party may expend a maximum of 7 million euros for election campaigning between the qualifying date for the election and the day of the election for a general representative body or the European Parliament. If the same list of candidates is supported by two or more political parties, the maximum amount shall apply to the aggregated expenses of those parties
(Section 2, §4(1) Political Parties Act, 2012, amended 2013) |
| Earmarking provisions for direct public funding to political parties: Ongoing party activities |
No. Absent from legal framework.
|
| Earmarking provisions for direct public funding to political parties: Intra-party institution |
No. Absent from legal framework.
|
| Earmarking provisions for direct public funding to political parties: Other |
No. Absent from legal framework.
|
| Allocation criteria for free or subsidized access to media for political parties |
No. Absent from legal framework.
|
| Allocation criteria for free or subsidized access to media for political parties: Equal |
No. Absent from legal framework.
|
| Allocation criteria for free or subsidized access to media for political parties: Number of candidates |
No. Absent from legal framework.
|
| Allocation criteria for free or subsidized access to media for political parties: Share of seats |
No. Absent from legal framework.
|
| Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election |
No. Absent from legal framework.
|
| Allocation criteria for free or subsidized access to media for political parties: Other |
No. Absent from legal framework.
|
| Are there provisions for free or subsidized access to media for candidates? |
No. Absent from legal framework.
|
| Are there provisions for any other form of indirect public funding? |
Yes. Funding provided to party affiliated institutes. P 7, "In addition, the Federal Act on Public Funding for Political Education and Media Information of 1984 (AFPEMI) provides for state support to civic education activities conducted by the foundations or associations established by the political parties which meet the above requirement to form a club in the National Council. The subsidy is paid annually, directly to the entity (if a party has established several entities, only one of these can benefit from the funding). The basic amount corresponds to the annual gross salaries of 5 university professor plus 7 State employees, and a variable additional amount corresponding to one state employee remuneration for every member of the club in the National Council. An extra allowance corresponding to 40% of the total above subsidy can be allocated for international political education" (GRECO (2011) Evaluation Report on Austria, Transparency of Political Party Funding (Theme II). Greco Third Evaluation Report, Strasbourg 9 December 2011)
(Evaluation Report on Austria, Transparency of Political Party Funding (Theme II). Greco Third Evaluation Report, Strasbourg 9 December 2011
Article 1.1.2.4. Vereinsrichtlinien 2001) |
| Provisions for any other form of indirect public funding: Premises for campaign meetings |
No. Absent from legal framework.
|
| Provisions for any other form of indirect public funding: Space for campaign materials |
No. Absent from legal framework.
|
| Provisions for any other form of indirect public funding: Tax relief |
No. Absent from legal framework.
|
| Provisions for any other form of indirect public funding: Free or subsidised transport |
No. Absent from legal framework.
|
| Provisions for any other form of indirect public funding: Free or subsidised postage cost |
No. Absent from legal framework.
|
| Provisions for any other form of indirect public funding: Other |
Yes. Funding provided to party affiliated institutes.
(GRECO (2011) Evaluation Report on Austria, Transparency of Political Party Funding (Theme II). Greco Third Evaluation Report, Strasbourg 9 December 2011) |
| Is the provision of direct public funding to political parties related to gender equality among candidates? |
No. Absent from legal framework.
|
| Are there provisions for other financial advantages to encourage gender equality in political parties? |
No. Absent from legal framework.
|
| Is there a ban on vote buying? |
Yes. Vote buying and selling is punishable with imprisonment of up to 1 year.
"Forgery in an election or referendum
§ 266. (1)Anyone who improperly votes or votes without being entitled to vote or on behalf of another without or against their instructions shall be punished with a prison sentence of up to six months or a fine of up to 360 daily rates.
(2)Anyone who falsifies the result of an election or referendum is punishable by up to three years in prison."
(§ 265 StGB Bestechung bei einer Wahl oder Volksabstimmung, amended 2015 [Penal Code bribery in an election or referendum]) |
| Are there bans on state resources being used in favour or against a political party or candidate? |
No. Absent from legal framework.
|
| Are there limits on the amount a political party can spend? |
Yes. 7 million euros per party. If the same list of candidates is supported by two or more political parties, the maximum amount shall apply to the aggregated expenses of those parties.
(Section 2, §4(1) Political Parties Act, 2012, amended 2013) |
| Are there limits on the amount a candidate can spend? |
Yes. The total campaign expenditure limit of political parties is 7 million euro. In this, all individual candidates' campaign expenditures are included, which means that the theoretical spending limit of a candidate is 7 million euro. If, however, a candidate spends 15,000 euros or less, this will not count toward the party's limit.
There is no exception in the rules on donations from natural persons for the candidates themselves.
(Section 2, §4(1) Political Parties Act, 2012, amended 2013) |
Reporting, oversight and sanctions |
| Do political parties have to report regularly on their finances? |
Yes. Section 3 §5(1) Every political party shall annually render public account of the type of its income and expenses by way of a statement of accounts.
(Section 3 §5(1) Political Parties Act, 2012, amended 2013) |
| Do political parties have to report on their finances in relation to election campaigns? |
Yes. The expenses should be captured in the annual accounts (although the expenses may crossover two or more accounting periods). Expenses required in the annual accounts include public relations activites, events, vehicles and travel. It is likely that election expenditure would thus be captured. Also Section 3 §5(3) states that 'Proof with regard to the restriction on campaign expenses (§ 4 para 1) shall be presented in a separate section in the statement of accounts referring to the election year. More extensive accountability regulated in provincial laws shall remain unaffected.' Section 2 §4(2) lists the various expenses for election campaigning to which the provision above refers to which includes advertising, communications and personnel.
(Section 2 §4(2) and 3 §5(3) Political Parties Act, 2012, amended 2013) |
| Do candidates have to report on their campaign finances? |
Yes. Candidates are required to provide details of expenses to the party which are then published in the party accounts. Section 3 §5(7) states that 'Every political party shall submit the statement of accounts including lists of donations, sponsorships and advertisements and a list of the undertakings in which shares are held as referred to in para 6 to the Court of Audit by 30 September of the following year. For that purpose, affiliated organisations and branches of the party that have their own legal personality as well as members of parliament and candidates who stood for elections on a list of candidates submitted by the political party shall submit to the political party the complete and correct details required for the lists of donations, sponsorships and advertisements'.
(Section 3 §5(7) Political Parties Act, 2012, amended 2013) |
| Is information in reports from political parties and/or candidates to be made public? |
Yes. Section 4 §10(3) states that 'If the Court of Audit determines that the statement of accounts meets the requirements (§ 5), the statement of accounts including the lists of donations, sponsorships and advertisements, and the list of undertakings in which shares are held as referred to in § 5 para 6, and the volume of the legal transactions entered into by such undertakings with institutions subject to the supervision of the Court of Audit in the reporting year shall be published, separated according to the individual parties and undertakings, on the website of the Court of Audit and the website of the political party.'
(Section 4 §10(4) Political Parties Act, 2012, amended 2013) |
| Must reports from political parties and/or candidates reveal the identity of donors? |
Yes. Section 3 §(6)(4) Donations whose total amount exceeds the amount of 3,500 euros in a calendar year (accounting year), including the name and address of the donor, shall be stated. Donations to federal, provincial and district organisations shall be aggregated. §(6)(5) Donations exceeding the amount of 50,000 euros in an individual case shall be immediately reported to the Court of Audit. The Court of Audit shall immediately publish the donations, including the name and address of the donor, on its website."
(Section 3 §6(4) & (5) Political Parties Act, 2012, amended 2013) |
| Institutions receiving financial reports from political parties and/or candidates: Electoral Management Board |
No. Absent from legal framework.
|
| Institutions receiving financial reports from political parties and/or candidates: Auditing agency |
Yes. The Court of Audit receives reports from political parties. "Every political party shall submit the statement of accounts including lists of donations, sponsorships and advertisements and a list of the undertakings in which shares are held as referred to in para 6 to the Court of Audit by 30 September of the following year..."
(Section 3 §5(7) Political Parties Act, 2012, amended 2013) |
| Institutions receiving financial reports from political parties and/or candidates: Ministry |
No. Absent from legal framework.
|
| Institutions receiving financial reports from political parties and/or candidates: Special institution |
No. Absent from legal framework.
|
| Institutions receiving financial reports from political parties and/or candidates: Court |
No. Absent from legal framework.
|
| Institutions receiving financial reports from political parties and/or candidates: Other |
No. Absent from legal framework.
|
| Institution responsible for examining financial reports and/or investigating violations: Court |
No. Absent from legal framework.
|
| Institution responsible for examining financial reports and/or investigating violations: Ministry |
No. Absent from legal framework.
|
| Institution responsible for examining financial reports and/or investigating violations: Auditing agency |
Yes. The Court of Audit is responsible. §10(1), "The statement of accounts to be prepared by a political party (§ 5) shall also be subject to the supervision of the Court of Audit."
(Section 4 §10(1) Political Parties Act, 2012, amended 2013) |
| Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body |
No. Absent from legal framework.
|
| Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose |
No. Absent from legal framework.
|
| Institution responsible for examining financial reports and/or investigating violations: Other |
No. Absent from legal framework.
|
| Institutions with a formal role in political finance oversight: Court |
No. Absent from legal framework.
|
| Institutions with a formal role in political finance oversight: Ministry |
No. Absent from legal framework.
|
| Institutions with a formal role in political finance oversight: Auditing agency |
Yes. The Court of Audit shall verify the numerical correctness of the statement of accounts and its conformity with this Federal Act
(Section 4 §10(2) Political Parties Act, 2012, amended 2013) |
| Institutions with a formal role in political finance oversight: EMB |
No. Absent from legal framework.
|
| Institutions with a formal role in political finance oversight: Institution for this purpose |
No. Absent from legal framework.
|
| Institutions with a formal role in political finance oversight: Other |
Yes. The " Independent Political Parties Transparency Panel" imposes penalties for political finance violations, based on documents submitted by the Court of Accounts.
(Section 4, §11(1) Political Parties Act, 2012, amended 2013) |
| Sanctions for political finance infractions: Fines |
Yes. The Independent Political Parties Transparency Panel shall impose a monetary penalty on a political party by way of an administrative decision on the basis of a notification made by the Court of Audit. (2) Any person who 1. does not state a donation contrary to § 6 para 4, or 2. accepts a donation and does not report such a donation contrary to § 6 para 5, or 3. accepts a donation contrary to § 6 para 7 and does not forward such a donation, or 4. breaks down a received donation into partial amounts to circumvent § 6 para 4, 5 or 6 subpara 9 and books such partial amounts to the accounts or has them booked to the accounts, commits an administrative offence and shall be punished with a fine of up to 20,000 euros. [...] (4) A person who, as the authorised agent responsible for the conformity of the declarations made with the requirements in respect of accountability, intentionally provides incorrect information for the statement of accounts, commits an administrative offence and shall be punished with a fine of up to 10,000 euros.
(Section 4, §12(1) - 12(4) Political Parties Act, 2012, amended 2013) |
| Sanctions for political finance infractions: Loss of public funding |
No. Absent from legal framework.
|
| Sanctions for political finance infractions: Penal/Criminal |
No. Absent from legal framework.
|
| Sanctions for political finance infractions: Forfeiture |
Yes. If a member of parliament or a candidate who stood for elections on a list of candidates submitted by a political party (§ 6 para 9) has not stated a donation in violation of § 6 para 4 or has accepted and not reported a donation contrary to § 6 para 5 or has accepted and not forwarded a donation in violation of § 6 para 7, the decision shall also order the forfeiture of a monetary amount corresponding to the amount of the relevant donation.
(Section 4 §12(3) Political Parties Act, 2012, amended 2013) |
| Sanctions for political finance infractions: Deregistration of party |
No. Absent from legal framework.
|
| Sanctions for political finance infractions: Loss of elected office |
No. Absent from legal framework.
|
| Sanctions for political finance infractions: Suspension of political party |
No. Absent from legal framework.
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| Sanctions for political finance infractions: Loss of nomination of candidate |
No. Absent from legal framework.
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| Sanctions for political finance infractions: Loss of political rights |
No. Absent from legal framework.
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| Sanctions for political finance infractions: Other |
No. Absent from legal framework.
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