Germany
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
No
Comment
There is no ban on donations from foreign interests to political parties. However, donations are limited to EUR 1,000. Source
(2) The parties are not authorized to accept donations:[…] |
2. Is there a ban on donations from foreign interests to candidates? |
Code
No
Comment
There are no explicit provisions regarding donations to candidates. Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019) |
3. Is there a ban on corporate donations to political parties? |
Code
Yes
Comment
Ban on donation from corporate bodies, but accepted if it is a business enterprise, of whose shares more than 50 per cent of shares are owned by Germans as defined by the Basic Law or by a citizen of the European Union or whose headquarters is located in a Member State of the European Union. Source
"(2) The parties' authority to accept donations is excluded:
Source: Political Parties Act, 1967 (amended 2018) Translated from German with www.DeepL.com/Translator (free version) |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
There are no explicit provisions regarding donations to candidates. Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019) |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Comment
There are no explicit a ban on donations from Trade Unions to political parties Source
Source: Political Parties Act, 1967 (amended 2018) |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
There are no explicit provisions regarding donations to candidates. Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019) |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes, above certain threshold
Comment
Anonymous donations over EUR 500 are prohibited. Source
(2) The parties are not authorized to accept donations:[…] |
8. Is there a ban on anonymous donations to candidates? |
Code
No
Comment
There are no explicit provisions regarding donations to candidates. Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019) |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Source
Source: Political Parties Act, 1967 (amended 2018) |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Comment
There are no explicit provisions regarding donations to candidates. Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019) |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Source
(2) The parties are not authorized to accept donations:[…] |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No
Comment
There are no explicit provisions regarding donations to candidates. Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019) |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
Public facilities can only be made available to parties if all parties are treated equally. Source
(1) If a public authority provides facilities to the parties or provides other public services, all parties should be treated equally. The extent of the grant can be graded according to the importance of the parties to the minimum necessary to achieve their purpose. The importance of the parties is measured, in particular, based on the results of previous elections to representative bodies. For a party represented in parliamentary groups in the Bundestag, the amount granted must be at least half as large as for any other party. |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
No
Source
Source: Political Parties Act, 1967 (amended 2018) |
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit? |
Code
Not applicable
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No
Source
Source: Political Parties Act, 1967 (amended 2018) |
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit? |
Code
Not applicable
|
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
No
Comment
There are no explicit provisions regarding donations to candidates. Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019) |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Not applicable
|
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No
Comment
There are no explicit provisions regarding donations to candidates. Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019) |
21. Is there a limit on in-kind donations to political parties? |
Code
No
Source
Source: Political Parties Act, 1967 (amended 2018) |
22. Is there a limit on in-kind donations to candidates? |
Code
No
Comment
There are no explicit provisions regarding donations to candidates Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019) |
23. Is there a ban on political parties engaging in commercial activities? |
Code
No
Source
Source: Political Parties Act, 1967 (amended 2018) |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Source
Source: Political Parties Act, 1967 (amended 2018) |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Comment
There are no explicit provisions regarding candidates taking loans. Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019) |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No data
|
27. Are there provisions requiring donations to go through the banking system? |
Code
No
Comment
There are no explicit provisions requiring donations to go through the banking system Source
Source: Political Parties Act, 1967 (amended 2018) |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, both regularly and in relation to campaigns
Source
(1) The parties receive funds as partial financing for the activities generally incumbent upon them under the Basic Law. The benchmark for the distribution of state funds is the success that a party achieves among the voters in European, Bundestag and Landtag elections, the sum of its membership and mandate holder contributions as well as the amount of the donations it has raised. |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Source
(1) The parties receive funds as partial financing for the activities generally incumbent upon them under the Basic Law. The benchmark for the distribution of state funds is the success that a party achieves among the voters in European, Bundestag and Landtag elections, the sum of its membership and mandate holder contributions as well as the amount of the donations it has raised. |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Flat rate by votes received
Proportional to seats received
Comment
The parties receive annually as part of the state partial financing: Source
(1) The parties receive funds as partial financing for the activities generally incumbent upon them under the Basic Law. The benchmark for the distribution of state funds is the success that a party achieves among the voters in European, Bundestag and Landtag elections, the sum of its membership and mandate holder contributions as well as the amount of the donations it has raised. |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
No
Source
Source: Political Parties Act, 1967 (amended 2018) |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
No data
|
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
No data
|
34. Are there provisions for free or subsidized access to media for candidates? |
Code
No
Comment
There are no explicit provisions requiring for free or subsidized access to media for candidates. Source
Source: Political Parties Act, 1967 (amended 2018) |
35. Are there provisions for any other form of indirect public funding? |
Code
No data
|
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
Comment
There are no explicit provisions of direct public funding to political parties related to gender equality among candidates. Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019) |
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019) |
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Source
(1) Whoever offers, promises or grants another gifts or other benefits in exchange for not voting or for voting in a particular manner incurs a penalty of imprisonment for a term not exceeding five years or a fine. |
39. Are there limits on the amount a political party can spend? |
Code
No
Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019) |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Not applicable
|
41. Are there limits on the amount a candidate can spend? |
Code
No
Comment
There are no explicit provisions regarding candidates expenditures. Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019) |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Not applicable
|
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
Comment
There are no explicit provisions regarding third parties expenditures. Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019) |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019 |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019 |
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019 |
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Source
(1) The accountability report consists of a profit and loss account based on a statement of income and expenditure in accordance with the provisions of this Act, a related balance sheet and an explanatory part. In compliance with the principles of proper bookkeeping, he provides information on the origin and use of the funds and the assets of the party in accordance with the actual circumstances. (2) Unless otherwise specified in this law, the commercial law provisions on accounting, in particular regarding the recognition and valuation of assets, apply to all merchants. Accounts, books, balance sheets and reports are to be kept for ten years. The retention period begins at the end of the accounting year. |
48. Do political parties have to report on their election campaign finances? |
Code
No
Comment
Parties only required to differentiate between election and day-to-day costs in their annual financial reports. Source
(5) The invoice includes: 3. Subsidies to Outlines and |
49. Do candidates have to report on their election campaign finances? |
Code
No
Comment
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019) |
50. Do third parties have to report on election campaign finances? |
Code
No
Source
Source: Political Parties Act, 1967 (amended 2018) Source: Federal Elections Act, 1993 (amended 2019) |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Source
(2) […]The party's accountability report must be submitted to the Federal Party Congress following its publication for discussion. |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
Donors must be identified if contribution larger than EUR 500 and disclosed if value of donations exceeds EUR 10,000 in one year. Source
(2) The parties are not authorized to accept donations:[…] |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Source
(1) The accountability report consists of a profit and loss account based on a statement of income and expenditure in accordance with the provisions of this Act, a related balance sheet and an explanatory part. In compliance with the principles of proper bookkeeping, he provides information on the origin and use of the funds and the assets of the party in accordance with the actual circumstances. |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Source
(1) The accountability report consists of a profit and loss account based on a statement of income and expenditure in accordance with the provisions of this Act, a related balance sheet and an explanatory part. In compliance with the principles of proper bookkeeping, he provides information on the origin and use of the funds and the assets of the party in accordance with the actual circumstances. 3. Subsidies to Outlines and |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Parliamentary unit
Comment
President of the Bundestag Source
(3) The party must submit its accountability report to the President of the German Bundestag by September 30 of the year following the accounting year. […] |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Comment
(3) The President of the German Bundestag checks in accordance with Section 23a whether the accountability report complies with the provisions of Section Fifth. The result of the test must be included in the report in accordance with paragraph 4. |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Carry out investigation
Request additional information from potential violator
Impose sanctions
Source
(1) The President of the German Bundestag examines the submitted report for formal and substantive correctness. It determines whether the accountability report complies with the requirements of section five. A renewed examination is only permitted before the deadline specified in Section 24 (2). (2) If the President of the German Bundestag has specific indications that the information contained in a party's report is incorrect, the latter gives the party concerned the opportunity to comment. He may ask the party to confirm the correctness of his opinion by his auditor or auditing company, sworn accountant or auditing company. |
58. What sanctions are provided for political finance infractions? |
Code
Source
(3) The party must submit its accountability report to the President of the German Bundestag by September 30 of the year following the accounting year. The President of the German Bundestag can extend the deadline by up to three months. If a party fails to submit its accountability report by the deadline, it will permanently lose its entitlement to government funds relating to grants (the grant portion will lapse). If a party has not submitted its accountability report by December 31 of the year following the claim year, it will cease to be entitled to state funds for the claim year (expiration of the voting share). The deadlines are respected regardless of the accuracy of the content,if the accountability report corresponds to the structure specified in section 24 and bears the audit opinion in accordance with section 30 (2). The determinations and payments to the other parties remain unchanged. If a party has accepted donations in violation of Section 25 (2) and has not forwarded them to the President of the German Bundestag in accordance with Section 25 (4), they will be entitled to a claim amounting to three times the amount illegally obtained; Donations already made will be taken into account. If a party has not published donations in accordance with the provisions of this law in the accountability report (section 25 (3)), a claim arises against them in the amount of twice the amount not published in accordance with the provisions of this law. The President establishes the party's obligation to pay the amount through an administrative act. Section 31a (2) to (5) applies accordingly. (2) A prison sentence of up to three years or a fine shall be imposed on anyone who, as an auditor or assistant to an auditor, reports the result of the audit of an accountability report incorrectly, does not disclose significant circumstances in the audit report, or issues an incorrectly confirmed report. If the perpetrator acts for a fee or with the intention of enriching himself or another or harming another, the penalty is a prison sentence of up to five years or a fine. |