Bans and limits on private income |
| Is there a ban on donations from foreign interests to political parties? |
Yes. Since 2019, parties/movements and electoral lists may not receive contributions, services or other support from foreign governments/public bodies or from foreign legal persons not subject to Italian tax obligations; contributions from non-enfranchised individuals are also prohibited.
(Legge 9 gennaio 2019, n. 3, art. 1, commi 12–13 (G.U. n. 13/2019); D.L. 28 dicembre 2013, n. 149, conv. L. 21 febbraio 2014, n. 13.) |
| Is there a ban on donations from foreign interests to candidates? |
Yes. The foreign-origin donation ban applies to electoral lists and, through the general prohibitions on illicit financing, to candidates.
(Legge 18 novembre 1981, n. 659, art. 4; Legge 9 gennaio 2019, n. 3, art. 1, comma 12.) |
| Is there a ban on corporate donations to political parties? |
No. Absent from legal framework.
|
| Is there a ban on corporate donations to candidates? |
No . Absent from legal framework.
|
| Is there a ban on donations from corporations with government contracts to political parties? |
No. Absent from legal framework.
|
| Is there a ban on donations from corporations of partial government ownership to political parties? |
Yes. Funding contributions are prohibited, in any form and in any manner provided by the public administration bodies, public entities, the company 'with participation of public capital exceeds 20 percent or company' controlled by the latter, without prejudice to their private nature, in favor of political parties or their joint organizational and parliamentary groups. ((The prohibition in the previous paragraph also applies to the company 'with participation of public capital at or below 20 percent, as well as' the company' controlled by the latter when such a contribution to the subject in any case ensures public control of the company ')).
(Art. 7 of Law 195/1974, modified by Art.9(28) of Law 96/2012, amended 2013) |
| Is there a ban on donations from corporations with government contracts to candidates? |
Yes. Funding contributions are prohibited, in any form and in any manner provided by the public administration bodies, public entities, the company 'with participation of public capital exceeds 20 percent or company' controlled by the latter, without prejudice to their private nature, in favor of political parties or their joint organizational and parliamentary groups. ((The prohibition in the previous paragraph also applies to the company 'with participation of public capital at or below 20 percent, as well as' the company' controlled by the latter when such a contribution to the subject in any case ensures public control of the company ')).
(Art. 7 of Law 195/1974, modified by Art.9(28) of Law 96/2012, amended 2013) |
| Is there a ban on donations from corporations of partial government ownership to candidates? |
Yes. Funding contributions are prohibited, in any form and in any manner provided by the public administration bodies, public entities, the company 'with participation of public capital exceeds 20 percent or company' controlled by the latter, without prejudice to their private nature, in favor of political parties or their joint organizational and parliamentary groups. ((The prohibition in the previous paragraph also applies to the company 'with participation of public capital at or below 20 percent, as well as' the company' controlled by the latter when such a contribution to the subject in any case ensures public control of the company ')).
(Art. 7 of Law 195/1974, modified by Art.9(28) of Law 96/2012, amended 2013) |
| 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. Contributors who donate to registered political parties through non-cash payments equivalent in value to less than €100,000 (about US$137,000) per year, who consent to guarantee the traceability of their operations, and who reveal their true identity are exempt from the requirement that other contributors face to submit a joint declaration with the
recipient of the contribution to the President of the Chamber of Deputies.
The law allows anonymous donations of up to EUR 50,000 [I$ 61,000] per year for a political party.
(Legge 9 gennaio 2019, n. 3, art. 1, commi 11 & 13; D.L. 28 dicembre 2013, n. 149, art. 5 (come modificato: soglia €500).) |
| Is there a ban on anonymous donations to candidates? |
Yes. Lists and (for municipal elections >15,000 inhabitants) candidates must ensure donor identity and publication; contributions from those refusing publicity are prohibited.
(Legge 9 gennaio 2019, n. 3, art. 1, comma 11.) |
| Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? |
Yes. Funding contributions are prohibited, in any form and in any manner provided by the public administration bodies, public entities, the company 'with participation of public capital exceeds 20 percent or company' controlled by the latter, without prejudice to their private nature, in favor of political parties or their joint organizational and parliamentary groups. ((The prohibition in the previous paragraph also applies to the company 'with participation of public capital at or below 20 percent, as well as' the company' controlled by the latter when such a contribution to the subject in any case ensures public control of the company ')).
(Art. 7 of Law 195/1974, modified by Art.9(28) of Law 96/2012, amended 2013) |
| Is there a ban on any other form of donation? |
Yes. Each person can not 'make cash donations or other contributions paid in goods or services, in any form or in any way distributed, even by proxy or by means of companies' subsidiaries, except for legacies upon death, in favor of a single political party for a total value greater than EUR 100,000 per year
(Art. 10(7) of Legislative Decree 149/2013) |
| Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? |
Yes. 1. From the year 2014, the cash donations made by individuals in favor of political parties registered in the first section of the register referred to in Article 4 of this decree shall be allowed to deduct expenses for tax purposes Income of individuals governed by the consolidated text of the decree of the President of the Republic December 22, 1986, n. 917, the conditions laid down in paragraph 2 of this article. The benefit referred to in this Article shall also apply to payments in favor of political parties or associations promoting parties made prior to enrollment in the register in accordance with Article 4 and admission to benefits under Article 10, to provided that by the end of these political parties are registered in the register and qualify for the benefits.
2. from gross income shall be deducted the amount of the donations referred to in paragraph 1, amounting to 26 percent for amounts between EUR 30 and EUR 30,000 per year.
4-bis. Starting with the 2007 tax year the cash donations made in favor of political parties, by bank transfer or postal and traceable to the current money laundering legislation, must still be considered deductible under Article 15, paragraph 1-bis, of the single text of the decree of the President of December 22, 1986, n. 917. The same payments continue to be considered deductible under the said Article 15, paragraph 1-bis, or in accordance with this article, even when the related payments are made, even in the form of donation, by candidates and elected to public office in accordance 'forecasts regulations or bylaws resolved by parties or political movements recipients of the grants themselves.
6. From the year 2014, the income tax of the company ', governed by the consolidated text of the decree of the President of December 22, 1986, n. 917, will be deducted, up to the amount of tax gross, an amount equal to 26 percent of the burden for cash donations made to political parties referred to in paragraph 1 of this Article for amounts between 30 euro and 30,000 euro per year, limited to the company 'and to the institutions mentioned in Article 73, paragraph 1 a) and b) of the consolidated text, other than entities in which there is a public participation or whose securities are traded Italian regulated markets or foreign, as well as' from the companies' and institutions that control, directly or indirectly, such persons, or are controlled or supervised by the same company 'or body controlling those entities, as well as' from the companies' dealerships of State and public authorities, for the duration of the concession.
(Art. 11 of Legislative Decree 149/2013) |
| 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? |
Yes. 1. From the year 2014, the cash donations made by individuals in favor of political parties registered in the first section of the register referred to in Article 4 of this decree shall be allowed to deduct expenses for tax purposes Income of individuals governed by the consolidated text of the decree of the President of the Republic December 22, 1986, n. 917, the conditions laid down in paragraph 2 of this article. The benefit referred to in this Article shall also apply to payments in favor of political parties or associations promoting parties made prior to enrollment in the register in accordance with Article 4 and admission to benefits under Article 10, to provided that by the end of these political parties are registered in the register and qualify for the benefits.
2. from gross income shall be deducted the amount of the donations referred to in paragraph 1, amounting to 26 percent for amounts between EUR 30 and EUR 30,000 per year.
4-bis. Starting with the 2007 tax year the cash donations made in favor of political parties, by bank transfer or postal and traceable to the current money laundering legislation, must still be considered deductible under Article 15, paragraph 1-bis, of the single text of the decree of the President of December 22, 1986, n. 917. The same payments continue to be considered deductible under the said Article 15, paragraph 1-bis, or in accordance with this article, even when the related payments are made, even in the form of donation, by candidates and elected to public office in accordance 'forecasts regulations or bylaws resolved by parties or political movements recipients of the grants themselves.
6. From the year 2014, the income tax of the company ', governed by the consolidated text of the decree of the President of December 22, 1986, n. 917, will be deducted, up to the amount of tax gross, an amount equal to 26 percent of the burden for cash donations made to political parties referred to in paragraph 1 of this Article for amounts between 30 euro and 30,000 euro per year, limited to the company 'and to the institutions mentioned in Article 73, paragraph 1 a) and b) of the consolidated text, other than entities in which there is a public participation or whose securities are traded Italian regulated markets or foreign, as well as' from the companies' and institutions that control, directly or indirectly, such persons, or are controlled or supervised by the same company 'or body controlling those entities, as well as' from the companies' dealerships of State and public authorities, for the duration of the concession.
(Art. 11 of Legislative Decree149/2013) |
| Eligibility criteria for direct public funding to political parties |
No. The Decree eliminates public funding of political elections, as well as financing for political activities.
(Legislative Decree149/2013) |
| Eligibility criteria for direct public funding to political parties: Share of votes in previous election |
No. Absent from legal framework.
|
| Eligibility criteria for direct public funding to political parties: Representation in elected body |
No. Absent from legal framework.
|
| 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 |
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 |
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 |
No. Absent from legal framework.
|
| Allocation calculations for direct public funding to political parties |
No. The Decree eliminates public funding of political elections, as well as financing for political activities.
(Legislative Decree149/2013) |
| Allocation calculations for direct public funding to political parties: Proportional to votes received |
No. Absent from legal framework.
|
| Allocation calculations for direct public funding to political parties: Equal |
No. Absent from legal framework.
|
| 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 |
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 |
No. The Decree eliminates public funding of political elections, as well as financing for political activities.
(Legislative Decree149/2013) |
| Earmarking provisions for direct public funding to political parties: Campaign spending |
No. Absent from legal framework.
|
| 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. 3 (6). Spaces for messages are offered in terms of equal 'treatment to political parties represented in the organs whose election and' invoked Article 1, paragraph 2. The allocation of space in each container and 'made by drawing lots. Spaces belonging to a political entity and not used may not be offered to other political entity. Each message can 'be transmitted only once in each container. Nobody can 'spread more' of a message in the same container. Assuming party has nominated candidates for at least 25% of seats (or represents a minority).
(Article 3 (6), Law n.28/2000, amended 2012 ) |
| 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 |
Yes. Assuming party has nominated candidates for at least 25% of seats (or represents a minority).
(Legislative Decree149/2013) |
| 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. 3 (6). Spaces for messages are offered in terms of equal 'treatment to political parties represented in the organs whose election and' invoked Article 1, paragraph 2. The allocation of space in each container and 'made by drawing lots. Spaces belonging to a political entity and not used may not be offered to other political entity. Each message can 'be transmitted only once in each container. Nobody can 'spread more' of a message in the same container. Assuming party has nominated candidates for at least 25% of seats (or represents a minority).
(Article 3 (6), Law n.28/2000, amended 2012 ) |
| 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 |
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. indirect political contributions made by citizens to political parties that respect the requirements of transparency and internal democracy.
(Art. 11 of Legislative Decree149/2013) |
| Is the provision of direct public funding to political parties related to gender equality among candidates? |
Yes. 1. Political parties promote equality 'in access to elected offices in implementation of Article 51 of the Constitution.
2. If, in the total number of candidates of a political party in each election of the Chamber of Deputies, the Senate or the members of the European Parliament belonging to Italy, one of the sexes is represented by less than 40 percent, the resources accruing to the political party under Article 12 are reduced on a percentage of 0.50 for each percentage point of difference between 40 and the percentage of candidates of the less represented gender, up to a maximum total of 10 for percent.
3. For the political parties that have not allocated a portion of at least 10 percent of the sums owed to them under Article 12 to initiatives to increase the active participation of women in politics, the Commission shall impose a fine equal to ((a fifth)) of the sums owed to them under Article 12.
4. From the year 2014, and 'set up a fund into which the resources resulting from the application of paragraphs 2 and 3.
5. The resources of the fund referred to in paragraph 4 shall be divided among the parties ((entered in the second section of the register referred to in Article 4)) for which the proportion of the underrepresented sex elected in each election is equal to or more than 40 percent and are allocated in proportion to the votes obtained by each party in the election of reference. For the purposes specified in this subparagraph shall be deemed elected after the exercise of the options, if required by the relevant electoral legislation.
(Art. 9 of Legislative Decree149/2013) |
| Are there provisions for other financial advantages to encourage gender equality in political parties? |
Yes. 1. Political parties promote equality 'in access to elected offices in implementation of Article 51 of the Constitution.
2. If, in the total number of candidates of a political party in each election of the Chamber of Deputies, the Senate or the members of the European Parliament belonging to Italy, one of the sexes is represented by less than 40 percent, the resources accruing to the political party under Article 12 are reduced on a percentage of 0.50 for each percentage point of difference between 40 and the percentage of candidates of the less represented gender, up to a maximum total of 10 for percent.
3. For the political parties that have not allocated a portion of at least 10 percent of the sums owed to them under Article 12 to initiatives to increase the active participation of women in politics, the Commission shall impose a fine equal to ((a fifth)) of the sums owed to them under Article 12.
4. From the year 2014, and 'set up a fund into which the resources resulting from the application of paragraphs 2 and 3.
5. The resources of the fund referred to in paragraph 4 shall be divided among the parties ((entered in the second section of the register referred to in Article 4)) for which the proportion of the underrepresented sex elected in each election is equal to or more than 40 percent and are allocated in proportion to the votes obtained by each party in the election of reference. For the purposes specified in this subparagraph shall be deemed elected after the exercise of the options, if required by the relevant electoral legislation.
(Art. 9 of Legislative Decree149/2013) |
| Is there a ban on vote buying? |
Yes. Anyone who accepts a promise to procure votes by the manner described in the third paragraph of Article 416-bis in return for the delivery or promise of payment of money or other benefits, shall be punished with imprisonment from four to ten years.
The same penalty applies to those who promise to buy votes in the manner specified in the first paragraph.
(Art. 416ter of Penal Code) |
| Are there bans on state resources being used in favour or against a political party or candidate? |
Yes. Broadcasters must ensure to all individuals with political impartiality 'and equity' access to information and communication policy.
(Art.2 of Law 28/2000, amended 2012) |
| Are there limits on the amount a political party can spend? |
Yes. 1. In municipalities with a population exceeding 15,000 and not more than 100,000 inhabitants, the cost of the election campaign of each candidate for the office of mayor can not exceed the amount resulting from the sum of the maximum fixed amount of EUR 25,000 and the additional amount equal to the product of € 1 for every citizen registered to vote in municipal. 2. In municipalities with a population exceeding 100,000 and not more than 500,000 inhabitants, the cost of the election campaign of each candidate for the office of mayor can not exceed the amount resulting from the sum of the maximum fixed amount of EUR 125,000 and the additional amount equal to the product of € 1 for every citizen registered to vote in municipal. 3. In municipalities with populations greater than 500,000, the expenses for the campaign of each candidate for the office of mayor can not exceed the maximum amount resulting from the sum of the fixed amount of EUR 250,000 and the additional amount equal to the product of EUR 0.90 for every citizen registered to municipal elections. 4. In municipalities with a population exceeding 15,000 and not more than 100,000 inhabitants, the cost of the election campaign of each candidate for the office of councilor may not exceed the maximum amount resulting from the sum of the fixed amount of EUR 5,000 and the additional amount equal to product of EUR 0.05 per citizen registered to vote in municipal. In municipalities with populations of more than 100,000 and not more than 500,000 inhabitants, the cost of the election campaign of each candidate for the office of councilor can not exceed the maximum amount resulting from the sum of the fixed amount of EUR 12,500 and the amount equal to the additional product of EUR 0.05 per citizen registered with the electoral roll municipalities. In municipalities with populations of more than 500,000 inhabitants, the cost of the election campaign of each candidate for the office of councilor may not exceed the maximum amount resulting from the sum of the fixed amount of EUR 25,000 and the additional amount equal to the product of EUR 0, 05 for every citizen registered to vote in municipal. 5. In the same common referred to in paragraph 4, the expenses for the campaign of each electoral party, movement or list that participates election, excluding the costs incurred by the individual candidates to the office of mayor and councilor, may not exceed the amount resulting the product of the amount of EUR 1 for the number of citizens registered to vote in municipal.
1. Expenses for the election campaign of each party and political movement that participates in elections of members of the European Parliament belonging to Italy can not exceed the amount obtained by multiplying the amount of EUR 1 for the number of citizens of the Republic registered to vote for the election of the Chamber of Deputies.
(Art 13 & 14 Law 96/2012, amended 2013) |
| Are there limits on the amount a candidate can spend? |
Yes. 1. In municipalities with a population exceeding 15,000 and not more than 100,000 inhabitants, the cost of the election campaign of each candidate for the office of mayor can not exceed the amount resulting from the sum of the maximum fixed amount of EUR 25,000 and the additional amount equal to the product of € 1 for every citizen registered to vote in municipal. 2. In municipalities with a population exceeding 100,000 and not more than 500,000 inhabitants, the cost of the election campaign of each candidate for the office of mayor can not exceed the amount resulting from the sum of the maximum fixed amount of EUR 125,000 and the additional amount equal to the product of € 1 for every citizen registered to vote in municipal. 3. In municipalities with populations greater than 500,000, the expenses for the campaign of each candidate for the office of mayor can not exceed the maximum amount resulting from the sum of the fixed amount of EUR 250,000 and the additional amount equal to the product of EUR 0.90 for every citizen registered to municipal elections. 4. In municipalities with a population exceeding 15,000 and not more than 100,000 inhabitants, the cost of the election campaign of each candidate for the office of councilor may not exceed the maximum amount resulting from the sum of the fixed amount of EUR 5,000 and the additional amount equal to product of EUR 0.05 per citizen registered to vote in municipal. In municipalities with populations of more than 100,000 and not more than 500,000 inhabitants, the cost of the election campaign of each candidate for the office of councilor can not exceed the maximum amount resulting from the sum of the fixed amount of EUR 12,500 and the amount equal to the additional product of EUR 0.05 per citizen registered with the electoral roll municipalities. In municipalities with populations of more than 500,000 inhabitants, the cost of the election campaign of each candidate for the office of councilor may not exceed the maximum amount resulting from the sum of the fixed amount of EUR 25,000 and the additional amount equal to the product of EUR 0, 05 for every citizen registered to vote in municipal. 5. In the same common referred to in paragraph 4, the expenses for the campaign of each electoral party, movement or list that participates election, excluding the costs incurred by the individual candidates to the office of mayor and councilor, may not exceed the amount resulting the product of the amount of EUR 1 for the number of citizens registered to vote in municipal.
1. Expenses for the election campaign of each party and political movement that participates in elections of members of the European Parliament belonging to Italy can not exceed the amount obtained by multiplying the amount of EUR 1 for the number of citizens of the Republic registered to vote for the election of the Chamber of Deputies.
(Art 13 & 14 Law 96/2012, amended 2013) |
Reporting, oversight and sanctions |
| Do political parties have to report regularly on their finances? |
Yes. 1. In order to guarantee the transparency and accuracy of own accounting and financial management, the political parties and movements, including the lists of candidates which are not the direct expression thereof, but which obtained at least 2% of the votes valiDecree-Lawy expressed during the elections for the renewal of the Chamber of Deputies or that have at least one representative elected in the Chamber of Deputies, Republic’s Senate or European Parliament or in a regional council or in the councils of autonomous provinces Trento and Bolzano, shall resort to an audit company registered in the Special Registry kept by the National Commission for companies and stock exchange, according to article 161 of the unique text of the provisions in the field of financial
mediation provided by the Legislative Decree no. 58 of February 24
th 1998 with the further amendments, or, after its establishment, in the registry provided at article 2 of the Legislative Decree no. 39 of January 27 th 2010.
(Art 9 of Law 96/2012, amended 2013) |
| Do political parties have to report on their finances in relation to election campaigns? |
Yes. 1. In order to guarantee the transparency and accuracy of own accounting and financial management, the political parties and movements, including the lists of candidates which are not the direct expression thereof, but which obtained at least 2% of the votes valiDecree-Lawy expressed during the elections for the renewal of the Chamber of Deputies or that have at least one representative elected in the Chamber of Deputies, Republic’s Senate or European Parliament or in a regional council or in the councils of autonomous provinces Trento and Bolzano, shall resort to an audit company registered in the Special Registry kept by the National Commission for companies and stock exchange, according to article 161 of the unique text of the provisions in the field of financial
mediation provided by the Legislative Decree no. 58 of February 24
th 1998 with the further amendments, or, after its establishment, in the registry provided at article 2 of the Legislative Decree no. 39 of January 27 th 2010.
(Art 9 of Law 96/2012, amended 2013) |
| Do candidates have to report on their campaign finances? |
Yes. 1. In order to guarantee the transparency and accuracy of own accounting and financial management, the political parties and movements, including the lists of candidates which are not the direct expression thereof, but which obtained at least 2% of the votes valiDecree-Lawy expressed during the elections for the renewal of the Chamber of Deputies or that have at least one representative elected in the Chamber of Deputies, Republic’s Senate or European Parliament or in a regional council or in the councils of autonomous provinces Trento and Bolzano, shall resort to an audit company registered in the Special Registry kept by the National Commission for companies and stock exchange, according to article 161 of the unique text of the provisions in the field of financial
mediation provided by the Legislative Decree no. 58 of February 24
th 1998 with the further amendments, or, after its establishment, in the registry provided at article 2 of the Legislative Decree no. 39 of January 27 th 2010.
(Art 9 of Law 96/2012, amended 2013) |
| Is information in reports from political parties and/or candidates to be made public? |
Yes. 10. The political parties and movements that did not fulfil their obligations provided at article 8 lines from 5 to 10-bis of the Law no. 2 of January 2 nd 1997, as last amended by this article, or that omitted to publish on their own websites the documents provided at line 20 of this article within the term provided at line 20 or in the situations provided at line 8, until October 31st shall be sanctioned
(Art 9(10) of Law 96/2012, amended 2013) |
| Must reports from political parties and/or candidates reveal the identity of donors? |
Yes. 10-bis. In case of donations of any value, the identity of the financer shall be provided”.
(Art 9(23) of Law 96/2012, 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. Parties report to the President of the respective chamber for which they have run, who forwards the reports to the Court of Auditors (Corte dei Conti). This is a standing, independent body, whose mandate is to control public expenditures. For each election, it establishes an ad hoc committee, composed of three judges of the same Court, to review the campaign expense reports filed by the political parties.
(Art 11-13 of Law 96/2012, 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 |
Yes. It established the Commission for the transparency and control of the accounts of parties and political movements, hereinafter called 'the Commission'. The Commission is based at the Chamber of Deputies, which provides, in equal measure by the Senate of the Republic, to ensure its operability 'through the necessary equipment secretarial staff. ((To carry out the tasks entrusted to it by the law Commission may 'altresi' use of five units' personnel, officials of the Court of Accounts, involved the activities 'revision, and two units' of staff, employees from other government agencies, expert in the attivita 'accounting control. The employees in the third period are placed out of position by the administrations of belonging and benefit from the same gross salary per annum in enjoyment at the time of the appointment, including the allowances' accessory, paid that administrations of membership. Upon placement out the role of the aforementioned employees, and 'made unavailable for the duration of the leave of a number of places in the staffing of the administration of belonging equivalent from the point of view financial)) . The Commission 'consists of five members, of which one appointed by the First President of the Court of Cassation, one appointed by the Chairman of the Council of State and three appointed by the President of the Court of Auditors. All components are selected from among the judges of the respective jurisdictional qualified no less than that of advisor to Supreme or equivalent. The Commission 'appointed, on the basis of the nominations made in accordance with this paragraph, act jointly with the Presidents of the Senate and the Chamber of Deputies, published in the Official Gazette. By the same document and 'identified among the members of the President of the Commission, which coordinates the work. The members of the Commission is not 'paid any compensation or indemnity 'for the activities' assistance under this Act. ((For the term of office, members of the Commission are placed out of position by general membership, according to Article 1, paragraphs 66 and 68 of the Law of 6 November 2012, n. 190)) . The mandate of the members of the Commission and 'four years and' renewable once. ((5)) 4. The Commission carries out the control of regularity 'and compliance 'with the law
(Art 9 of Law 96/2012, amended 2013) |
| 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 |
Yes. it established the Commission for the transparency and control of the accounts of parties and political movements, hereinafter called 'the Commission'. The Commission is based at the Chamber of Deputies, which provides, in equal measure by the Senate of the Republic, to ensure its operability 'through the necessary equipment secretarial staff. ((To carry out the tasks entrusted to it by the law Commission may 'altresi' use of five units' personnel, officials of the Court of Accounts, involved the activities 'revision, and two units' of staff, employees from other government agencies, expert in the attivita 'accounting control. The employees in the third period are placed out of position by the administrations of belonging and benefit from the same gross salary per annum in enjoyment at the time of the appointment, including the allowances' accessory, paid that administrations of membership. Upon placement out the role of the aforementioned employees, and 'made unavailable for the duration of the leave of a number of places in the staffing of the administration of belonging equivalent from the point of view financial)) . The Commission 'consists of five members, of which one appointed by the First President of the Court of Cassation, one appointed by the Chairman of the Council of State and three appointed by the President of the Court of Auditors. All components are selected from among the judges of the respective jurisdictional qualified no less than that of advisor to Supreme or equivalent. The Commission 'appointed, on the basis of the nominations made in accordance with this paragraph, act jointly with the Presidents of the Senate and the Chamber of Deputies, published in the Official Gazette. By the same document and 'identified among the members of the President of the Commission, which coordinates the work. The members of the Commission is not 'paid any compensation or indemnity 'for the activities' assistance under this Act. ((For the term of office, members of the Commission are placed out of position by general membership, according to Article 1, paragraphs 66 and 68 of the Law of 6 November 2012, n. 190)) . The mandate of the members of the Commission and 'four years and' renewable once. ((5)) 4. The Commission carries out the control of regularity 'and compliance 'with the law
(Art 9 of Law 96/2012, amended 2013) |
| Institution responsible for examining financial reports and/or investigating violations: Court |
No. Absent from legal framework.
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| Institution responsible for examining financial reports and/or investigating violations: Ministry |
No. Absent from legal framework.
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| Institution responsible for examining financial reports and/or investigating violations: Auditing agency |
No. Absent from legal framework.
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| Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body |
No. Absent from legal framework.
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| Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose |
Yes. Commission for transparency and control of the political parties' and the political movements' accounts(Commissione per la trasparenza e il controllo dei rendiconti dei partiti e dei movimenti politici)
(Art 9 of Law 96/2012, amended 2013) |
| Institution responsible for examining financial reports and/or investigating violations: Other |
Yes. To guarantee the transparency and accuracy of the accounting and financial management of registered political parties the Decree requires external certification of their accounts. (Id. art. 7(1).) The same obligation applies to the regional branches of registered political parties that have received total contributions in the previous year of at Ieast€150,000. (Id.art. 7(2).)
(Art 9 of Law 96/2012, amended 2013) |
| Institutions with a formal role in political finance oversight: Court |
No. Absent from legal framework.
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| Institutions with a formal role in political finance oversight: Ministry |
No. Absent from legal framework.
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| Institutions with a formal role in political finance oversight: Auditing agency |
No. Absent from legal framework.
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| Institutions with a formal role in political finance oversight: EMB |
No. Absent from legal framework.
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| Institutions with a formal role in political finance oversight: Institution for this purpose |
No. Absent from legal framework.
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| Institutions with a formal role in political finance oversight: Other |
Yes. 6. No later than July 15th of each year, the Commission shall submit to the Presidents of Republic's Senate and of the Chamber of Deputies the lists of political parties and movements that have observed or not the obligations provided at line 4 as concerns the previous financial year.
(Art 9 of Law 96/2012, amended 2013) |
| Sanctions for political finance infractions: Fines |
Yes. In case of non-submission of the actual expenditure by the electoral parties, political movements and lists ((for municipalities with populations greater than 30,000.)) , the college set up by the regional section of the control of the Court of Auditors shall impose administrative fine of EUR 50,000 to EUR 500,000.
Anyone who fails to fulfill the obligations set out in the third, fourth and fifth paragraph states that the amounts or values under real 'punished with a fine of two to six times the amount of undeclared and with the penalty of disqualification from public office temporary pursuant to the third paragraph of Article 28 of the Criminal Code.
In case of non-compliance with the provisions of Article 7 of this Decree or the obligation to submit the report and its annexes or the verbal approval of the report by the competent internal organ, if the non-compliance not be remedied by subsequent October 31, the Commission has, for the tax period following that in progress on the date of the complaint, the cancellation of the political party ((from)) register referred to in Article 4. 3. To political parties which have not complied with the obligations of Article 8, paragraphs 5 to 10-bis of the Law of 2 January 1997, n. 2, or fail the publication on its website of the documents referred to in Article 5, paragraph 2, of this decree in the time limit specified therein, the Commission shall impose an administrative fine consisting in the deduction of one-third of the sums owed to them Article 12. 4. The political parties that in the cash flow for the year have omitted data that have declared data dissimilar than the scriptures and to the accounting records, the Commission applies the administrative fine equal to the undeclared or departs from it, consisting in the deduction of the amounts to them due under Article 12, in the limit of one third of the amount thereof. Where one or more 'voices of the statement of a party not represented in accordance 'with the model in Annex A to the law 2 January 1997 n. 2, the Commission shall impose a fine of up to one-twentieth of the amounts due to it under Article 12. 5. The political parties that the report on operations and the notes have failed to indicate, in whole or in part, the information provided for in Annexes B and C to the law 2 January 1997 n. 2, or does not have represented corrected or true, the Commission shall apply to any information omitted, not properly represented or showing data not corresponding to the truth, the fine of up to one-twentieth of the sums owing to them under ' Article 12, within the limit of a third of the same. 6. Except as provided in paragraph 2, the penalties imposed may not exceed a whole two-thirds of the amounts payable under Article 12. In the application of sanctions, the Commission takes account of the seriousness' of irregularities' orders and state reasons. 7. If the non-compliance and irregularities' referred to in paragraphs 2 to 5 were committed by olitical parties who have already ' perceived all sums owing to them under Article 12 and not entitled to perceive new, the Commission applies the relevant administrative fines either directly to the political party up to the limit of two thirds of it altogether assigned under Article 12 last year.
(Art. 13 of Law 96/2012, amended 2013
Art.4 of Law 18 November 1981, n. 659, amended 2013
Art.8 of Legislative Decree 149/2013) |
| Sanctions for political finance infractions: Loss of public funding |
No. Absent from legal framework.
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| Sanctions for political finance infractions: Penal/Criminal |
Yes. Illegal political financing is a criminal offence; violations of statutory bans on prohibited contributions are punishable by imprisonment and fines.
(Art. 7, L. 2 maggio 1974, n. 195; Art. 4, L. 18 novembre 1981, n. 659.) |
| Sanctions for political finance infractions: Forfeiture |
No. Absent from legal framework.
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| Sanctions for political finance infractions: Deregistration of party |
No. Absent from legal framework.
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| Sanctions for political finance infractions: Loss of elected office |
Yes. Anyone who fails to fulfill the obligations set out in the third, fourth and fifth paragraph states that the amounts or values under real 'punished with a fine of two to six times the amount of undeclared and with the penalty of disqualification from public office temporary pursuant to the third paragraph of Article 28 of the Criminal Code
(Art.4 of Law 18 November 1981, n. 659, amended 2013) |
| 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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Italy
79(72) Political Financing 
51(57) Financial Disclosure 
46(49) Conflict of Interest 
66(59) Freedom of Information 
64(63) Public Procurement 
63(66) Anti Money Laundering 
53(71) Asset Recovery