Slovakia
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
(1) The party may not accept donations and other gratuitous services from: d) [..] associations of municipalities and organizations with an international element. Source
1)LAW of February 4th 2005 on political parties and movements Amendment of the Slovak Republic. 2)GRECO (2008) Evaluation Report on the Slovak Republic, Transparency of Political Party Funding (Theme II). https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806ca464 |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
(4) The presidential candidate and independent candidates may not accept a donation or any other gratuitous service for the election campaign from: d) [..] associations of municipalities and organizations with an international element. Source
§ 5 and 6, para 3 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and independent Candidates of the Slovak Republic’s Election |
3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
(1) Party revenues can come from: f) shares of profits from company businesses. Source
§ 5 and 6 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and independent Candidates of the Slovak Republic’s Election |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
(3) A candidate can accept gifts and other gratuitous services for the election campaign from: Source
§ 5 and 6 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and independent Candidates of the Slovak Republic’s Election |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No data
|
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No data
|
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
4) Political parties may not accept a donation or any other gratuitous service for the election campaign from a person for whom they cannot state the identification data of a donor or a contracting party, which provided other gratuitous services Source
§ 24, para 2 of the Law on Political Parties (85/2005 Coll. ACT from 4February 2005 on Political Parties andPolitical Movements) |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
(4) The presidential and independent candidate, may not accept a donation or any other gratuitous service for the election campaign from a person for whom they cannot state the identification data of a donor or a contracting party, which provided other gratuitous services Source
§ 5 and 6, para 10 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and independent Candidates of the Slovak Republic’s Election |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Comment
Political parties, may not accept a donation or any other gratuitous service for the election campaign from: c) legal entities with capital participation of the state,the National Property Fundof the Slovak Republic, the Slovak Land Fund, municipality,or asuperior territorial unit. Source
§ 24 of the Law on Political Parties (85/2005 Coll. ACT from 4February 2005 on Political Parties andPolitical Movements) |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
Yes
Comment
Presidential and independent candidates may not accept a donation or any other gratuitous service for the election campaign from: Source
§ 5 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and Independent Candidates of the Slovak Republic’s Election. |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Comment
Political parties may not accept a donation or any other gratuitous service for the election campaign from: a) the state, the National Property Fund of the Slovak Republic, the Slovak Land Fund, municipality, or a superior territorial unit. b) legal persons established or managed by the National Property Fund of the Slovak Republic, the Slovak Land Fund, municipality,or a superior territorial unit. Source
§ 24 of the Law on Political Parties (85/2005 Coll. ACT from 4February 2005 on Political Parties andPolitical Movements) |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
Presidential and independent candidates may not accept a donation or any other gratuitous service for the election campaign from: b) a legal person whose founder or promoter is the state, te National Property Fund of the Slovak Republic, the Slovak Land Fund, a municipality, or a superior territorial unit. Source
§ 5 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and Independent Candidates of the Slovak Republic’s Election. Financing the Election Campaign for the Presidentof the Slovak Republic’s Election |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
No
Comment
In a 2016 observation report, for the Parliamentary elections in Slovakia, OSCE/ODIHR recommended, consideration should be given to introducing provisions prohibiting the misuse of administrative resources for campaign purposes. Source
SLOVAK REPUBLIC - PARLIAMENTARY ELECTIONS |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
No
Comment
There are no quantitative restrictions on the amount (value) of donations, free of charge services, income from property, loans/credits and income from party activities and fundraising activities, the party may receive. Donations to political parties by individual contributors are not tax deductible (but the party itself Source
§ 23, para 1,2 of the Law on Political Parties (85/2005 Coll. ACT from 4February 2005 on Political Parties andPolitical Movements) |
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
Comment
There are no explicit quantitative restrictions on the amount (value) of the donations and free of Source
p. 37 of the GRECO report on political party and campaign finance. GRECO (2008) Evaluation Report on the Slovak Republic, Transparency of Political Party Funding (Theme II). https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806ca464 |
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 quantitative restrictions on the amount (value) of the donations and free of Source
§ 6, para 1 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and independent Candidates of the Slovak Republic’s Election |
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
Even if there's no limit for how much a candidate can contribute to his own campaign, there are limits for how much he can spend generally: c)For their election campaign, an independent candidate may spend the amount which shall also include the value added tax, as follows: Source
§ 6, para 1 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and independent Candidates of the Slovak Republic’s Election |
21. Is there a limit on in-kind donations to political parties? |
Code
No
Comment
See above, there is a limit for spending Source
§ 6, para 1 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and independent Candidates of the Slovak Republic’s Election |
22. Is there a limit on in-kind donations to candidates? |
Code
No
Comment
See bove, there is a limit for spending Source
§ 6, para 1 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and independent Candidates of the Slovak Republic’s Election |
23. Is there a ban on political parties engaging in commercial activities? |
Code
Yes
Comment
(1) The party is liable for its obligations with all its assets. Party members are not responsible or liable for the party’s obligations. Source
§ 20, para 1,2,3,4,5 of the Law on Political Parties (85/2005 Coll. ACT from 4February 2005 on Political Parties andPolitical Movements) |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Comment
Loans and credits are a source of party's revenues, still some reporting rules are in place> the party shall keep separate records of income from loans and credits, including the date of receivingthe loan orcredit, their amount, and the agreed repayment date. Data is entered in a separate register concerning who received a loan or credit, including the name, surname and permanent residence address in the case of a naturalperson, in the case of a natural person-entrepreneur, also the business name, and in the case of a legalperson, stating the nameor business name, identification number andaddress of seat Source
§ 22, para 1,2 of the Law on Political Parties (85/2005 Coll. ACT from 4February 2005 on Political Parties andPolitical Movements) |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Comment
Similar to political parties, there are no restrictions on loans for candidates. In the same time donations and services free of charge from the state, state bodies or self-governing bodies are explicitly prohibited, as are foreign donations Source
GRECO (2008) Evaluation Report on the Slovak Republic, Transparency of Political Party Funding (Theme II). https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806ca464 |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
Comment
Slovakia’s Office for Public Procurement (PPO) is not sufficiently protected from political interference (NiT 2014); the Slovak Information Service (SIS) found that cronyism and nepotism are widespread among national, local and regional governments and state entities involved in procurement (EUACRS 2014). Indeed, companies believe favoritism is very widespread among procurement officials (GCR 2015-2016) and complain that local companies are often favored in public tenders (ICS 2015). All government contracts for public tenders are now published on the Central Registry of Contracts. Mandatory disclosure of contracts has been acknowledged to have contributed towards reduced levels of corruption, but public tendering still suffers from an overall lack of transparency and integrity (ICS 2015). Source
SLOVAKIA to the EU Anti-Corruption Report, https://ec.europa.eu/home affairs/sites/homeaffairs/files/what-we-do/policies/organized-crime-and-human-trafficking/corruption/anti-corruption-report/docs/2014_acr_slovakia_chapter_en.pdf |
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Comment
The party and candidates must keep the election campaign funds In a separate bank account. Information in the special account must be freely, remotely and continuously accessible to third parties and must show an overview of payment transactions. The political party shall notify the Ministry of Interior in paper form or electronic form about the address of the website on which these data are displayed, which shall then publish it on its website. Source
§ 5 and 6, para 3 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and independent Candidates of the Slovak Republic’s Election |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, both regularly and in relation to campaigns
Comment
Contributions for the party from the state budget are: Source
§ 25 of the Law on Political Parties (85/2005 Coll. ACT from 4February 2005 on Political Parties andPolitical Movements) |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
Contributions for the party from the state budget are: Source
§ 25 of the Law on Political Parties (85/2005 Coll. ACT from 4February 2005 on Political Parties andPolitical Movements) |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Proportional to seats received
Comment
a. Contribution for votes obtained in the elections, provided once - after elections - to parties Source
§ 26, 27, 28 of the Law on Political Parties (85/2005 Coll. ACT from 4February 2005 on Political Parties andPolitical Movements) |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Comment
The party cannot use the state budget contributions for: Source
§ 29 of the Law on Political Parties (85/2005 Coll. ACT from 4February 2005 on Political Parties andPolitical Movements) |
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
Comment
|
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
Broadcasting during the Election Campaign (1) Radio and Television of Slovakia will reserve a maximum of30 minutes of broadcasting time for a candidating political party or a candidating coalition of a political parties, but altogether no more than ten hours of broadcasting time to broad cast political advertising on radio and not more than ten hours of broadcasting time to broadcast political advertising on television. The right to broadcasting time must be exercised no later than five days before the broad cast of the political advertisement, otherwise it ceases. Broadcasting during a Presidential Election Campaign (1) Radio and Television of Slovakia will reserve a maximum of one hour of broadcasting time for each presidential candidate, altogether no more than ten hours of broadcasting time to broadcast political advertising gon radio and not more than ten hours of broadcasting time to broadcast political advertising on television. The right to broadcasting time must be exercise do later than five days before the start of broadcasting political advertisements, otherwise it ceases. Source
§ 10,11 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and independent Candidates of the Slovak Republic’s Election |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
There's free taxation on donations, thus donations to political parties by individual contributors are not tax deductible (but the party itself does not have to pay tax on donations it receives). Source
§ 25 of the Law on Political Parties (85/2005 Coll. ACT from 4February 2005 on Political Parties andPolitical Movements) |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
|
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
In 2011 electoral corruption was criminalized in the Criminal Code. The Criminal Code provides for Source
Article 336a.3 of the Criminal code |
39. Are there limits on the amount a political party can spend? |
Code
No data
|
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
EUR 3,000,000, including value added tax
Comment
A political party and political movement (hereinafter referred to as “a political party”) may spend a maximum of EUR 3,000,000, including value added tax for its election campaign in elections to the National Council of the Slovak Republic and in elections to the European Parliament. Source
§ 3, para 1 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign of thepolitical parties in elections |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
There are limits for presidential cndidates, for independent candidates as well Source
§ 6, para 1 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and Independent Candidates of the Slovak Republic’s Election |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Yes
Comment
The candidate for the President of the Slovak Republic (here in after referred to as“the presidential candidate”) may spend a maximum of EUR 500,000 for their election campaign including the value added taxf or both election rounds. For their election campaign, an independent candidate may spend the amount which shall also include the value added tax, as follows: Source
§ 6, para 1 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and Independent Candidates of the Slovak Republic’s Election |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
Yes, spending limit exists
Comment
A third party may spend no more than EUR 100,000 for an election campaign and in the case of municipal government elections, no more than EUR 25,000. Source
§ 6, para 1 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and Independent Candidates of the Slovak Republic’s Election |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No data
|
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
Comment
The internet is not regulated at all in the electoral campaign Source
Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign of thepolitical parties in elections |
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
Yes
Comment
The internet is not regulated at all in the electoral campaign |
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Pursuant to Sections 21 and 30 of Act 85/2005, parties have to submit an annual report on their Source
§ 30 of the Law on Political Parties (85/2005 Coll. ACT from 4February 2005 on Political Parties andPolitical Movements) |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
During election periods, political parties Source
§ 4 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and Independent Candidates of the Slovak Republic’s Election |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
Presidential candidates are required to report to the Ministry of Finance how much in financial Source
§ 5 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and Independent Candidates of the Slovak Republic’s Election |
50. Do third parties have to report on election campaign finances? |
Code
Yes
Comment
(14) The third party shall, within ten days after the end of the election campaign, publish an overview of costs pursuant to Section 11on its website for 60days of the election campaign. Source
§ 9, para 14 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and Independent Candidates of the Slovak Republic’s Election |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
The annual reports of political parties on their finances are published by the Bureau of National Source
GRECO (2008) Evaluation Report on the Slovak Republic, Transparency of Political Party Funding (Theme II). https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806ca464 |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Comment
The annual reports contain: g) separate records of donations and other gratuitous services under Paragraph 22, Section 3. (7) The record of donations includes: Source
§ 30 of the Law on Political Parties (85/2005 Coll. ACT from 4February 2005 on Political Parties andPolitical Movements) |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Comment
The annual report is to be certified by the auditor to see whether it is in accordance with the Source
GRECO (2008) Evaluation Report on the Slovak Republic, Transparency of Political Party Funding (Theme II). https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806ca464 |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Comment
Information to be included in both the interim and final reports is: Source
GRECO (2008) Evaluation Report on the Slovak Republic, Transparency of Political Party Funding (Theme II). https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806ca464 |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Comment
As regards the annual report on the regular finances of the party, the National Council (or its authorised body) performs a formal control if all the required information (see paragraph 45 above) and the auditor’s report are included in the annual report. Although Section 30, paragraph 5, of Act 85/2005 implies that the National Council also checks whether the information contained in the annual report is correct and complete and whether there are no other breaches of the law identified in the annual reports, in practice it would rely on the auditors’ report. The State Commission for the Elections and Control of Political Parties Funding acts as an independent body to oversee the funding of political parties and political movements. Source
Section 30, paragraph 5, of Act 85/2005, of the Law on Political Parties (85/2005 Coll. ACT from 4February 2005 on Political Parties andPolitical Movements) |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Auditing agency
Comment
The annual report is to be certified by the auditor to see whether it is in accordance with the Source
GRECO (2008) Evaluation Report on the Slovak Republic, Transparency of Political Party Funding (Theme II). https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806ca464 |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Other
Comment
National council and Ministry of Finance makes formal checks of party reports. Ministry of Finance also checks reports from Presidential candidates. Source
GRECO (2008) Evaluation Report on the Slovak Republic, Transparency of Political Party Funding (Theme II). https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806ca464 |
58. What sanctions are provided for political finance infractions? |
Code
Fines
Comment
POLITICAL PARTIES: Source
Administrative Offences, § 31 of the Law on Political Parties (85/2005 Coll. ACT from 4February 2005 on Political Parties andPolitical Movements) Administrative Offences. § 19 of the Law on election Campaigns in the Slovak Reublic. Financing the Election Campaign for the President and Independent Candidates of the Slovak Republic’s Election |