Bans and limits on private income |
| Is there a ban on donations from foreign interests to political parties? |
Yes. The party may not accept financial contributions from another state.
The Law on Party Finance of Hungary prohibits donations from companies and foreign individuals or organizations.
(Law XXXIII of 1989, amended 2014, on the Operation and Financial Management of Political Parties, Section 4.3
Parliamentary Elections, 8 April 2018 ODIHR Limited Election Observation Mission Final Report) |
| Is there a ban on donations from foreign interests to candidates? |
Yes. The Law on Party Finance of Hungary prohibits donations from companies and foreign individuals or organizations to both parties and candidates
(Parliamentary Elections, 8 April 2018 ODIHR Limited Election Observation Mission Final Report) |
| Is there a ban on corporate donations to political parties? |
Yes. 4(1) Party’s patrimony consists in members' subscriptions, subsidies from state budget, real estates freely assigned by the state based on § 5 of this law, patrimony contributions of legal entities, of trade companies without legal personality and of natural persons, natural persons’ testamentary legation, party’s economic activities according to § 6, profit tax of limited liability companies and undertakings with sole shareholder set up by the party.
(Law XXXIII of 1989, amended 2014, on the Operation and Financial Management of Political Parties,) Section 4.1
Parliamentary Elections, 8 April 2018 ODIHR Limited Election Observation Mission Final Report) |
| Is there a ban on corporate donations to candidates? |
Yes. In accordance with the Party Act, the sources of income to a political party are the following: membership fees, subsidies granted from the State budget, pecuniary contributions from legal entities, unincorporated economic associations and private persons, estates of private persons inherited on the basis of their will and business activities of the party (Article 4(1))
(Political Parties Act 1994, Article 4(1)) |
| Is there a ban on donations from corporations with government contracts to political parties? |
Yes.
Budgetary bodies as well as state undertakings, trade companies with participation from the state, foundations benefiting from direct budgetary subsidies or from subsidies from budgetary bodies may not contribute to a party’s patrimony, and the party may not accept patrimony contributions from budgetary bodies as well as from state undertakings, from trade companies with participation from the state, foundations benefiting from direct budgetary subsidies or from subsidies from budgetary bodies – except for the provisions of § 4 line (1).
(Law XXXIII of 1989, amended 2014, on the Operation and Financial Management of Political Parties) Section 4.2) |
| Is there a ban on donations from corporations of partial government ownership to political parties? |
Yes. Budgetary bodies as well as state undertakings, trade companies with participation from the state, foundations benefiting from direct budgetary subsidies or from subsidies from budgetary bodies may not contribute to a party’s patrimony, and the party may not accept patrimony contributions from budgetary bodies as well as from state undertakings, from trade companies with participation from the state, foundations benefiting from direct budgetary subsidies or from subsidies from budgetary bodies – except for the provisions of § 4 line (1).
(Law XXXIII of 1989, amended 2014, on the Operation and Financial Management of Political Parties) Section 4.2) |
| Is there a ban on donations from corporations with government contracts to candidates? |
No. Absent from legal framework
|
| Is there a ban on donations from corporations of partial government ownership to candidates? |
Yes. In accordance with the Party Act, the sources of income to a political party are the following: membership fees, subsidies granted from the State budget, pecuniary contributions from legal entities, unincorporated economic associations and private persons, estates of private persons inherited on the basis of their will and business activities of the party (Article 4(1))
(Political Parties Act 1994, Article 4(1)) |
| Is there a ban on donations from Trade Unions to political parties? |
No. Absent from legal framework
|
| Is there a ban on donations from Trade Unions to candidates? |
No. Absent from legal framework
|
| Is there a ban on anonymous donations to political parties? |
Yes. The party may not accept anonymous donations; such donations shall be transferred to the foundation provided at § 8 line (1).
(Law XXXIII of 1989, amended 2014, on the Operation and Financial Management of Political Parties, Art 4.3) |
| Is there a ban on anonymous donations to candidates? |
No. From the OSCE/ODIHR Report we can understand that donations are anonymous to a certain limit. There are no explicit caps on individual donations, which potentially fosters dependence on financial contributions by large donors. Consequently, in the report it is stipulated that "as full lists of donors are neither published nor submitted to relevant authorities, transparency in campaign finance is further curbed and the prospect of party’s reliance on a single donor is reinforced."
(Parliamentary Elections, 8 April 2018 ODIHR Limited Election Observation Mission Final) |
| Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? |
Yes. Budgetary bodies as well as state undertakings, trade companies with participation from the state, foundations benefiting from direct budgetary subsidies or from subsidies from budgetary bodies may not contribute to a party’s patrimony, and the party may not accept patrimony contributions from budgetary bodies as well as from state undertakings, from trade companies with participation from the state, foundations benefiting from direct budgetary subsidies or from subsidies from budgetary bodies – except for the provisions of § 4 line (1).
(Law XXXIII of 1989, amended 2014, on the Operation and Financial Management of Political Parties, Section 4(2)
) |
| Is there a ban on any other form of donation? |
Yes. Budgetary bodies as well as state undertakings, trade companies with participation from the state, foundations benefiting from direct budgetary subsidies or from subsidies from budgetary bodies may not contribute to a party’s patrimony, and the party may not accept patrimony contributions from budgetary bodies as well as from state undertakings, from trade companies with participation from the state, foundations benefiting from direct budgetary subsidies or from subsidies from budgetary bodies – except for the provisions of § 4 line (1).
(Law XXXIII of 1989, amended 2014, on the Operation and Financial Management of Political Parties, Art 4.2) |
| Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? |
No. There are no restrictions with regard to the size or periodicity of the contributions, but donations over a certain value are to be reported, see below. Likewise, no restrictions apply in respect of party membership subscription fees, loans, cash or no cash donations to parties, fund raising activities or in respect of contributions from entities relating to political parties.
(Greco Eval III Rep _2009_ 8E Final Hungary) |
| Is there a limit on the amount a donor can contribute to a political party in relation to an election? |
No. Absent from legal framework
|
| Is there a limit on the amount a donor can contribute to a candidate? |
No. Absent from legal framework
|
| Eligibility criteria for direct public funding to political parties |
Yes. See sub-indicators
|
| Eligibility criteria for direct public funding to political parties: Share of votes in previous election |
Yes. The remained amount of 75% shall be distributed between the parties depending on the votes obtained by the party during the first valid elections, respectively by the candidates appointed by the party, based on the results of the parliamentary elections. The parties that do not obtain at least 1% of the votes of the voters shall not benefit from budgetary subsidies.
(Law XXXIII of 1989, amended 2014, on the Operation and Financial Management of Political Parties, Section 5(2)
) |
| Eligibility criteria for direct public funding to political parties: Representation in elected body |
Yes. The share of 25% of the amount that may be allotted to parties according to the state budget law shall be distributed – in equal percentage – to the parties that have obtained Parliamentary mandates on national lists.
(Law XXXIII of 1989, amended 2014, on the Operation and Financial Management of Political Parties, Section 5.2) |
| Eligibility criteria for direct public funding to political parties: Participation in election |
Yes. Section 1 (1) At the general elections and by-elections of the Members of the National Assembly, each representative candidate for a single mandate constituency (hereinafter referred to as candidate) shall be entitled to support from the central budget amounting to one million HUF.
(Act LXXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 1(1)) |
| Eligibility criteria for direct public funding to political parties: Number of candidates |
Yes. For public campaign funding, the amount (between HUF 150 and 600 million) is determined depending on the number of nominated candidates
(Article 5 of the Political Parties Act
Parliamentary Elections, 8 April 2018 ODIHR Limited Election Observation Mission Final Report) |
| Eligibility criteria for direct public funding to political parties: Share of seats in previous election |
No. Absent from legal framework
|
| 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 |
Yes. The text explicitly states that "political parties" are the entities entitled to this funding.
(Article 5 of the Political Parties Act
Parliamentary Elections, 8 April 2018 ODIHR Limited Election Observation Mission Final Report) |
| 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 |
No. Absent from legal framework
|
| Allocation calculations for direct public funding to political parties |
Yes. See sub-indicators
|
| Allocation calculations for direct public funding to political parties: Proportional to votes received |
Yes. The remained amount of 75% shall be distributed between the parties depending on the votes obtained by the party during the first valid elections, respectively by the candidates appointed by the party, based on the results of the parliamentary elections. The parties that do not obtain at least 1% of the votes of the voters shall not benefit from budgetary subsidies.
(Law XXXIII of 1989, amended 2014, on the Operation and Financial Management of Political Parties, Section 5(2)) |
| Allocation calculations for direct public funding to political parties: Equal |
Yes. The share of 25% of the amount that may be allotted to parties according to the state budget law shall be distributed – in equal percentage – to the parties that have obtained Parliamentary mandates on national lists.
(Law XXXIII of 1989, amended 2014, on the Operation and Financial Management of Political Parties, Section 5(2)) |
| 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 |
No. Absent from legal framework
|
| 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 |
Yes. Section 5 (1) The support according to Section 3 and Section 4 shall be based on the product of the total number
of mandates that can be acquired at the general election of the Members of the National Assembly multiplied by five
million HUF.
Section 3 (1) At the general election of the Members of the National Assembly, the parties setting up a party list
shall be entitled to the following amounts from the central budget specified in Section 5:
a) 15% of the amount specified in Section 5 if they nominate a candidate in at least twenty-seven,
b) 30% of the amount specified in Section 5 if they nominate a candidate in at least fifty-four,
c) 45% of the amount specified in Section 5 if they nominate a candidate in at least eighty,
d) 60% of the amount specified in Section 5 if they nominate a candidate in all
single mandate constituencies.
(Act LXXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 5(1) & 3(1)) |
| 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. See sub-indicators
|
| Earmarking provisions for direct public funding to political parties: Campaign spending |
Yes. (3) The support may only be used during the election campaign period to cover real costs related to campaign activities as defined in the Act on Electoral Procedures.
(Act LXXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 1(3)) |
| 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 |
Yes. See sub-indicators
|
| Allocation criteria for free or subsidized access to media for political parties: Equal |
Yes. (1) In the campaign period, political advertisements shall be broadcast by the media provider with identical conditions – especially with regard to the number, appearing order, timeframe and time of broadcast of politcal advertisements – offered to nominating organisations that put forward candidates and the independent candidates. In case of joint candidates the nominating organisations are entitled jointly to order political advertisement.
(Act XXXVI of 2013 on Electoral Procedure Section 147(1)) |
| 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? |
Yes. (1) In the campaign period, political advertisements shall be broadcast by the media provider with identical conditions – especially with regard to the number, appearing order, timeframe and time of broadcast of politcal advertisements – offered to nominating organisations that put forward candidates and the independent candidates. In case of joint candidates the nominating organisations are entitled jointly to order political advertisement.
(Act XXXVI of 2013 on Electoral Procedure Section 147(1)) |
| Are there provisions for any other form of indirect public funding? |
Yes. See sub-indicators
|
| 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 |
Yes. (1) In order to cover the expenses and increase the patrimony, the party shall perform the following economic activities:
a) in order to promote its political objectives and activities, it may publish and distribute publications, it may trade badges and other such objects bearing the party’s symbol, and it may organize party manifestations;
b) it may capitalize and alienate, against payment, movable and immovable assets of its patrimony.
(2) The party shall not pay corporate tax for the activities provided at line (1).
(Law XXXIII of 1989, amended 2014, on the Operation and Financial Management of Political Parties, Section 6(1) & (2)) |
| 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 |
No. Absent from legal framework
|
| 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. Section 350 (1.i) vote, and receives financial benefits therefore is guilty of a felony punishable by imprisonment not exceeding three years.
(Criminal Code, 2012 (amended 2017), Section 350 (1.i)) |
| Are there bans on state resources being used in favour or against a political party or candidate? |
No . In buildings serving as premises for state or municipality authorities, it shall be prohibited to carry out campaign activities, hold rallies,
except at settlements with less than five hundred inhabitants, provided that no other community building is available.
Referring to OSCE/ODIHR Final Report on Parliamentary Elections 2018, there were many instance of use of admin resources."The ubiquitous overlap between government information and ruling coalition campaigns, and other abuses of administrative resources, blurred the line between state and party, at odds with OSCE commitments." Thus even they recommended that in order to level the playing field, steps should be taken to separate government administration and party campaigning, including by adopting legislation that would define and explicitly prohibit the abuse of administrative resources in a campaign
(Act XXXVI of 2013 on Electoral Procedure Section 145(2)
Parliamentary Elections, 8 April 2018 ODIHR Limited Election Observation Mission Final Report) |
| Are there limits on the amount a political party can spend? |
No ? . Section 7 (1) To cover their costs related to election campaign activities during the election campaign period,
a) the independent candidate,
b) the party nominating a candidate or setting up a party list and the candidate thereof together, for each candidate,
c) the national minority self-government setting up a nationality list at the general election of the Members of the National Assembly, for each candidate may use a maximum of five million HUF.
According to the Election Procedure Act, there are spending caps in relation to elections; political parties may only spend up to 5 million HUF (approx. 15 300 €) for each single-member and national list candidate, amounting to HUF 995 million for the parties that field the maximum number of candidates. in addition to the budgetary support to cover material costs in the elections that they receive from the state. Parties may also solicit private funds and several parties relied on loans from banks and individuals. There are no explicit caps on individual donations, which potentially fosters dependence on financial contributions by large donors. As full lists of donors are neither published nor submitted to relevant authorities, transparency in campaign finance is further curbed and the prospect of party’s reliance on a single donor is reinforced
(Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 7(1)
Parliamentary Elections, 8 April 2018 ODIHR Limited Election Observation Mission Final Report) |
| Are there limits on the amount a candidate can spend? |
Yes. Section 7 (1) To cover their costs related to election campaign activities during the election campaign period,
a) the independent candidate,
b) the party nominating a candidate or setting up a party list and the candidate thereof together, for each candidate,
c) the national minority self-government setting up a nationality list at the general election of the Members of the National Assembly, for each candidate may use a maximum of five million HUF.
(Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 7(1)) |
Reporting, oversight and sanctions |
| Do political parties have to report regularly on their finances? |
Yes. Parties have the obligation until April 30th of each year, to publish in the Official Gazette of Hungary and the parties that have their own website, on their website, a report on the economic activity of the previous year according to the pattern provided at appendix no. 1 to this law.
(Law XXXIII of 1989, amended 2014, on the Operation and Financial Management of Political Parties, Section 9(1)) |
| Do political parties have to report on their finances in relation to election campaigns? |
Yes. Section 8/A (1) A party setting up a party list shall submit an aggregated financial statement to the Treasury on all support according to Section 1 to be used by it and disbursed to it according to Section 2/A within 15 days after the
list results of the election of the Members of the National Assembly in the relevant single mandate constituency have become effective, and attach to the statement the copies of all associated accounting documents.
(Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 8/A(1)) |
| Do candidates have to report on their campaign finances? |
Yes. Section 8 (1) If a candidate signs an agreement with the Treasury according to Section 2, they shall submit a financial statement to the Treasury within 15 days after the individual results of the election of the Members of the National Assembly in the relevant single mandate constituency have become effective, and attach to the statement the copies of all accounting documents concerning the use of the amount of support according to Section 1.
(Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 8(1)) |
| Is information in reports from political parties and/or candidates to be made public? |
Yes. Section 9 (1) All candidates and nominating organisations shall publish in the Official Gazette of Hungary the
amount, source and use of state and other funds spent on the election within 60 days after the election of the
Members of the National Assembly.
(Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the
Members of the National Assembly, Section 9(1)) |
| Must reports from political parties and/or candidates reveal the identity of donors? |
Yes. (2) Contributions granted during a calendar year exceeding the amount of five hundred forint, respectively the foreign contributions whose value exceeds one hundred thousand forint shall be provided separately in the financial report – providing the payer and the amount.
(Law XXXIII of 1989, amended 2014, on the Operation and Financial Management of Political Parties, Section 9(2)) |
| 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. Section 8/B (1) Within one year from the election, the State Audit Office of Hungary shall, ex officio, perform a compulsory audit at the Treasury or, if necessary, at the candidate or, in the case according to Section 2/A, at the
party nominating the candidate, concerning the use of the support according to Section 1 with respect to the candidates who have obtained a mandate in the National Assembly.
(
Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 8/B(1)
) |
| 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 |
Yes.
The Court of Accounts shall verify once every two years the patrimony management of the parties that systematically benefited from budgetary subsidies.
(Law XXXIII of 1989, amended 2014, on the Operation and Financial Management of Political Parties, Section 10(2)) |
| 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 |
Yes.
The Court of Accounts shall verify once every two years the patrimony management of the parties that systematically benefited from budgetary subsidies.
(Law XXXIII of 1989, amended 2014, on the Operation and Financial Management of Political Parties, Section 10(2)) |
| 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. Section 8/B (1) Within one year from the election, the State Audit Office of Hungary shall, ex officio, perform a compulsory audit at the Treasury or, if necessary, at the candidate or, in the case according to Section 2/A, at the
party nominating the candidate, concerning the use of the support according to Section 1 with respect to the candidates who have obtained a mandate in the National Assembly.
(
Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 8/B(1)) |
| 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 |
No. Absent from legal framework
|
| 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 |
No. Absent from legal framework
|
| Sanctions for political finance infractions: Fines |
Yes. (3) A candidate who
a) fails to submit a statement within the deadline specified in Subsection (1) shall pay double the amount of
support according to Section 1, or b) submits a statement, but the statement is, in whole or in part, not approved by the Treasury, shall pay double the
amount of support according to Section 1 that has not been properly reported
to an account of the Hungarian State Treasury defined by the Treasury.
(
Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 8(3)) |
| Sanctions for political finance infractions: Loss of public funding |
Yes. (4) If a candidate
a) fails to obtain at least 2% of the valid votes cast in the single mandate constituency,
b) drops out based on the Act on Electoral Procedures, except if they die prior to the election, shall pay back the amount of support according to Section 1 to the Treasury.
(
Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 8(4)) |
| Sanctions for political finance infractions: Penal/Criminal |
Yes. Violations may trigger criminal proceedings for fraud, embezzlement, corruption, etc. The law provides for prison sentences for individuals.
(SAO Act, section 25; ARA, section 14 (2), 16 and the Civil Code, section 74/F (2)) |
| Sanctions for political finance infractions: Forfeiture |
Yes. The party accepting patrimony contributions by breaching the rule provided at lines (2)-(3) has the obligation to transfer the value of the contribution to the state budget within 15 days – at the request of the Court of Accounts. In case of delay, the debt shall be executed in the same way as the taxes. At the same time, the state subsidy granted to the party shall be decreased by the amount corresponding to the accepted contribution.
(Law XXXIII of 1989, amended 2014, on the Operation and Financial Management of Political Parties, Section 4(4)
) |
| 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
|
| Sanctions for political finance infractions: Loss of nomination of candidate |
No. Absent from legal framework
|
| Sanctions for political finance infractions: Loss of political rights |
No. Absent from legal framework
|
| Sanctions for political finance infractions: Other |
Yes. The text specifies that in the event of late payment of amounts owed to the State, the debt is collected in accordance with tax collection procedures. Specific penalties for legal entities may also be imposed by a criminal court.
(SAO Act, section 25; ARA, section 14 (2), 16 and the Civil Code, section 74/F (2)) |