Netherlands
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
A financial or in-kind contribution from outside the country is not permitted. Source
Article 23a Wet financiering politieke partijen |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
A financial or in-kind contribution from outside the country is not permitted. Source
Article 29 Wet financiering politieke partijen |
3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
Donations are not limited to natural persons; no specific ban on corporate donations. Source
Article 21 Wet financiering politieke partijen |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
Donations are not limited to natural persons; no specific ban on corporate donations. Source
Article 29 Wet financiering politieke partijen |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Comment
Donations are not limited to natural persons; no specific ban on donations from trade unions. Source
Article 21 Wet financiering politieke partijen |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
Donations are not limited to natural persons; no specific ban on donations from trade unions. Source
Article 29 Wet financiering politieke partijen |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes, above certain threshold
Comment
Anonymous donations are capped at €250. Source
Article 23 Wet financiering politieke partijen |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes, above certain threshold
Comment
Anonymous donations are capped at €250. Source
Article 29 Wet financiering politieke partijen |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Comment
Donations are not limited to natural persons; no specific ban on donations from corporations with government contracts. Source
Article 21 Wet financiering politieke partijen |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Comment
Donations are not limited to natural persons; no specific ban on donations from corporations with government contracts. Source
Article 29 Wet financiering politieke partijen |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
No
Comment
Donations are not limited to natural persons; no specific ban on donations from corporations with partial government ownership. Source
Article 21 Wet financiering politieke partijen |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No
Comment
Donations are not limited to natural persons; no specific ban on donations from corporations with partial government ownership. Source
Article 29 Wet financiering politieke partijen |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
No
Comment
No mentioning on the use of state resources. |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
Yes, for both natural and legal persons
Comment
The donation limit is €100,000 for a political party, its affiliated organisations and its candidates combined. Source
Article 29b Wet financiering politieke partijen |
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
The donation limit is €100,000 for a political party, its affiliated organisations and its candidates combined.
Source
Article 29b Wet financiering politieke partijen |
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No, but limits for regular periods apply to campaign periods
|
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
Yes, for both natural and legal persons
Comment
The donation limit is €100,000 for a political party, its affiliated organisations and its candidates combined. Source
Article 29b Wet financiering politieke partijen |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
The donation limit is €100,000 for a political party, its affiliated organisations and its candidates combined.
Source
Article 29b Wet financiering politieke partijen |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No
Comment
No specific limit for candidates is mentioned. |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
The donation limit is €100,000 for a political party, its affiliated organisations and its candidates combined. This includes contributions in-kind. Source
Article 29b Wet financiering politieke partijen |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
The donation limit is €100,000 for a political party, its affiliated organisations and its candidates combined. This includes contributions in-kind. Source
Article 29b Wet financiering politieke partijen |
23. Is there a ban on political parties engaging in commercial activities? |
Code
No
Comment
A ban on commercial activities is not mentioned. |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Comment
A party can take a loan to finance its activities, including its electoral campaigns. Source
Articles 21, 28 and 28a, Wet financiering politieke partijen |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Comment
There is no ban on candidates taking loans. |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
|
27. Are there provisions requiring donations to go through the banking system? |
Code
No
Comment
There is no provisions on using the banking system for donations |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Comment
"A political party is association that participated in the last election of the House of Representatives or the Senate of the States General with a list of candidates registered in accordance with the Electoral Act whereby that list has at least one parliamentary seat assigned; Source
Articles 1 and 7, Wet financiering politieke partijen |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
A political party is association that participated in the last election of the House of Representatives or the Senate of the States General with a list of candidates registered in accordance with the Electoral Act whereby that list has at least one parliamentary seat assigned; Source
Articles 1 and 7, Wet financiering politieke partijen |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Equal
Proportional to votes received
Number of members
Comment
A basic amount of € 336,630, an amount of € 99,424 per chamber seat of the political party, an amount equal to € 3,625,518 divided by the total number of members of the political parties receiving a subsidy on the reference date per member of the political party. Source
Article 8 Wet financiering politieke partijen |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Comment
"The subsidy is provided for expenses directly related to the following activities: Source
Article 7(2) Wet financiering politieke partijen |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
"1. The Commission annually allocates a number of hours on the general program channels of the national public media service to political parties that acquired one or more seats in the last election of the members of the House of Representatives or the Senate of the States General. Source
Article 6 Mediawet |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
Comment
"1. The Commission annually allocates a number of hours on the general program channels of the national public media service to political parties that acquired one or more seats in the last election of the members of the House of Representatives or the Senate of the States General. Source
Article 6 Mediawet |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
No
Comment
No provisions on media access for candidates. |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
Political parties are considered public benefit institutions and donations are tax deductible. Both periodical and other donations are tax deductible. Source
Articles 6.32. to 6.39., Wet inkomstenbelasting |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
Comment
No provisions on gender equality in the rules. |
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
Comment
No provisions on gender equality in the rules. |
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
Anyone who, during an election, bribes a voter by gift or promise to give authority to cast his vote, shall be punished with a prison term of not more than six months or a fine of the third category. Source
Article Z 4, Kieswet |
39. Are there limits on the amount a political party can spend? |
Code
No
Comment
There is no expenditure ceiling for political parties to spend during elections. |
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 is no expenditure ceiling for candidates to spend during elections. |
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
Third party campaigning is not explicitly regulated. |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
Comment
In addition to the freely allocated air time in the public media, political parties can buy additional advertising time. |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
Comment
There is no expenditure ceiling for political parties to spend during elections. |
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
Comment
There are not provisions on online media advertisement in the rules. |
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
"Before July 1 of each calendar year, a political party shall send to Our Minister: Source
Article 25, Wet financiering politieke partijen |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
Parties must submit three to two weeks before the election date, and one month after the election date, an overview of the donations of more than €1,000 and party debts. Source
Articles 28 and 28a, Wet financiering politieke partijen |
49. Do candidates have to report on their election campaign finances? |
Code
No
Comment
There are not provisions on the reporting of campaign expenditure of candidates in the rules. |
50. Do third parties have to report on election campaign finances? |
Code
No
Comment
There are not provisions on the reporting of campaign expenditure of third parties in the rules. |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
The application for public funding is made public, together with the financial report, the activity report, the list of donations (of more than €1000), the list of debts, and the audit report. Source
Article 25(4), Wet financiering politieke partijen |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
The identity of donors of a donation of more than €1000 is made public. Source
Article 25(1), Wet financiering politieke partijen |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Comment
A political party must provide an overview of the received public funding, the donations, other income, financial position and debts of the political party. Source
Article 20, Wet financiering politieke partijen |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
No
Comment
There are not specific provisions on itemized spending in the rules. |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Ministry
Comment
The financial information must be send to the Minister of Internal Affairs. Source
Articles 1(1) and 25, Wet financiering politieke partijen |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Ministry
Comment
The Ministry of Internal Affairs examines the financial reports, and is advised by the Committee on the supervision of the finances of political parties. Source
Articles 35, 36, 37 and 38, Wet financiering politieke partijen |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Impose sanctions
Carry out investigation
Refer for investigation
Request additional information from potential violator
Source
Articles 35, 36, 37 and 38, Wet financiering politieke partijen |
58. What sanctions are provided for political finance infractions? |
Code
Comment
"1)If a political party has been sentenced to a fine on the basis of Articles 137c, d, e, f, or g, or Article 429 quater of the Criminal Code, the entitlement to a subsidy will lapse by operation of law for a period starting from the day on which the conviction becomes final. This period is: Source
Article 39, Wet financiering politieke partijen |