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Albania

2016

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2021

Bans and limits on private income

Public funding

Regulations of spending

Reporting, oversight and sanctions

Question	Value
1. Is there a ban on donations from foreign interests to political parties?	Code Yes Comment Gifts or aid from international unions parties, politics organizations or foundations and foreign individuals are allowed.
2. Is there a ban on donations from foreign interests to candidates?	Code Yes Comment Electoral subjects can only obtain funds for the purposes of their electoral campaigns from domestic physical or legal persons.
3. Is there a ban on corporate donations to political parties?	Code No Comment Donations are prohibited for legal persons, or any of its shareholders, under certain conditions, see below.
4. Is there a ban on corporate donations to candidates?	Code No Comment Corporate donations are prohibited if they comply with a certain set of criteria (see Art 89 (3) below).
5. Is there a ban on donations from Trade Unions to political parties?	Code No
6. Is there a ban on donations from Trade Unions to candidates?	Code No
7. Is there a ban on anonymous donations to political parties?	Code Yes Comment No direct ban, but de facto ban through requirement to record or report identify of donor.
8. Is there a ban on anonymous donations to candidates?	Code Yes Comment No direct ban, but de facto ban through requirement that each electoral subjects in Albania have to identify the donor clearly in a special register approved by a decision of the CEC.?
9. Is there a ban on donations from corporations with government contracts to political parties?	Code Yes Source p.7 'Donations are prohibited when the conditions mentioned below apply to a juridical person, or any of its shareholders:a) has profited from public funds, public contracts or concessions during the last two years for an amount of money exceeding 10,000,000 Leke (approx. 71,950 EUR);b) bases its activity in the field of media.c) has been a partner on projects benefiting from public funds;d) has monetary obligations toward the State Budget or any public institution.This ban is not applied when the shareholder possess these shares as a result of a public tender'. (Source: Transparency International Albania (2013) Buying Influence: Money and Political Parties in Albania) Article 89: Financing of electoral subjects through non-public funds (...) 3. Donation of funds by a legal person or any of its shareholders is prohibited if one of the following conditions applies: a) has received public funds, public contracts or concessions in the last 2 years, exceeding ALL 10 million; b) exercises media activity; c) has been a partner with public funds in different projects; ?) has monetary obligations towards the State Budget or any public institution. This obligation is not applicable if the shareholder owns these shares as a result of a public offer. (Source: The Electoral Code of the Republic of Albania, 2015)
10. Is there a ban on donations from corporations with government contracts to candidates?	Code Yes Source 'Article 89: Financing of electoral subjects through non-public funds (...) 3. Donation of funds by a legal person or any of its shareholders is prohibited if one of the following conditions applies: a) has received public funds, public contracts or concessions in the last 2 years, exceeding ALL 10 million; b) exercises media activity; c) has been a partner with public funds in different projects; ?) has monetary obligations towards the State Budget or any public institution. This obligation is not applicable if the shareholder owns these shares as a result of a public offer. ' (Source: The Electoral Code of the Republic of Albania, 2015)
11. Is there a ban on donations from corporations with partial government ownership to political parties?	Code Yes Source p.7 'Donations are prohibited when the conditions mentioned below apply to a juridical person, or any of its shareholders:a) has profited from public funds, public contracts or concessions during the last two years for an amount of money exceeding 10,000,000 Leke (approx. 71,950 EUR);b) bases its activity in the field of media.c) has been a partner on projects benefiting from public funds;d) has monetary obligations toward the State Budget or any public institution.This ban is not applied when the shareholder possess these shares as a result of a public tender'. (Source: Transparency International Albania (2013) Buying Influence: Money and Political Parties in Albania) Article 89: Financing of electoral subjects through non-public funds (...) 3. Donation of funds by a legal person or any of its shareholders is prohibited if one of the following conditions applies: a) has received public funds, public contracts or concessions in the last 2 years, exceeding ALL 10 million; b) exercises media activity; c) has been a partner with public funds in different projects; ?) has monetary obligations towards the State Budget or any public institution. This obligation is not applicable if the shareholder owns these shares as a result of a public offer. (Source: The Electoral Code of the Republic of Albania, 2015)
12. Is there a ban on donations from corporations with partial government ownership to candidates?	Code Yes Source 'Article 89: Financing of electoral subjects through non-public funds (...) 3. Donation of funds by a legal person or any of its shareholders is prohibited if one of the following conditions applies: a) has received public funds, public contracts or concessions in the last 2 years, exceeding ALL 10 million; b) exercises media activity; c) has been a partner with public funds in different projects; ?) has monetary obligations towards the State Budget or any public institution. This obligation is not applicable if the shareholder owns these shares as a result of a public offer. ' (Source: The Electoral Code of the Republic of Albania, 2015)
13. Is there a ban on the use of state resources in favour or against a political party or candidate?	Code Yes Comment Resources of public organs or entities of a?central or local level cannot be used or made available for the support?of candidates, political parties or coalitions in 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 Contribution limits only exist for election campaigns.
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 Comment NA
16. Is there a limit on the amount a donor can contribute to a political party during an election?	Code Yes, for both natural and legal persons Comment No natural and legal entity may give to the same electoral subject donations of a bigger value than 1 million ALL [I$ 19,000] or the equivalent in objects or services. ? Source 'Article 89: Financing of electoral subjects through non-public funds (...) 2. The amount that each natural or legal person may give to an electoral subject may not be larger than ALL 1 million or the equivalent value in kind or services. ' (Source: The Electoral Code of the Republic of Albania, 2015)
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 1 million ALL [I$ 19,000] Comment The amount that each physical or legal person can give to an electoral subject cannot be greater than ALL 1 million or the equivalent value in objects or services.
18. Is there a limit on the amount a donor can contribute to a candidate?	Code Yes, for both natural and legal persons Source 'Article 89: Financing of electoral subjects through non-public funds (...) 2. The amount that each natural or legal person may give to an electoral subject may not be larger than ALL 1 million or the equivalent value in kind or services. ' (Source: The Electoral Code of the Republic of Albania, 2015)
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?	Code 1 million ALL [I$ 19,000] Comment The amount that each physical or legal person can give to an electoral subject cannot be greater than ALL 1 million [I$ 19,000] or the equivalent value in objects or services.
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
21. Is there a limit on in-kind donations to political parties?
22. Is there a limit on in-kind donations to candidates?
23. Is there a ban on political parties engaging in commercial activities?
24. Is there a ban on political parties taking loans in relation to election campaigns?
25. Is there a ban on candidates taking loans in relation to election campaigns?
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
27. Are there provisions requiring donations to go through the banking system?

Question	Value
28. Are there provisions for direct public funding to political parties?	Code Yes, both regularly and in relation to campaigns Comment Political parties get 'start-up' assistance after registration, and are entitled to public funding if they participate in elections.
29. What are the eligibility criteria for political parties to receive public funding?	Code Representation in elected body Share of votes in previous election Share of seats in previous election Participation in election Registration as a political party Comment Parties are provided with public funding in relation to elections. Post-registration assistance is also given to political parties as they register. Annual funding; portion to parties with Parliamentary representation, portion to parties that received at least 1% in the last election. Election funding: 50% to parties with Parliamentary representation; 50% to parties that won two or more seats in the last election (to be returned if they fail to win a seat in the current election).?
30. What is the allocation calculation for political parties to receive public funding?	Code Equal Flat rate by votes received Proportional to seats received Comment Annual: 20% equally among Parliamentary parties, 70% according to seats won; 10% according to votes won by non-Parliamentary parties. Election: 50% proportional by votes, 50% equal among Parliamentary parties.Parties participating in elections that have recieved a minimum of 0.5% of votes in previous elections are entitled to public funding based on a flat rate multiplied by number of votes recieved.
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?	Code No
32. Are there provisions for free or subsidized access to media for political parties?	Code Yes Comment Parties have the right to use the public mass media free of charge in electoral campaigns and referenda.?
33. What criteria determine allocation for free or subsidized access to media for political parties?	Code Share of seats Other Comment Parties that received 20% of ?seats in?the last parliamentary elections have?airtime of not less than?30 minutes daily on Public TV and on Public Radio; other?parliamentary parties not less than 15 minutes daily. Each party not represented in the Assembly that participates is allocated 10?minutes of daily airtime on Public Television and 10 minutes of daily airtime on Public Radio.
34. Are there provisions for free or subsidized access to media for candidates?	Code Yes Comment The same legislation applies to political parties and candidates.
35. Are there provisions for any other form of indirect public funding?	Code Yes Comment The parliamentary parties are furnished with buildings for their central headquarters and local?offices (alternatively the State pays the rent).
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?	Code Yes Comment 30% of candidates must be women in all elections. Failure to comply is punishable by fines, which are taken from each party's respective public funding.
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
39. Are there limits on the amount a political party can spend?	Code Yes Comment Parties (including their candidates) cannot spend more than ten times the maximum public funding paid out.
40. If there are limits on the amount a political party can spend, what is the limit?	Code 10 times the highest amount that an electoral subject has received from public funds.
41. Are there limits on the amount a candidate can spend?	Code Yes Comment Total expense made by a political party, including their candidates, for an?electoral campaign must not exceed 10 times the highest amount that an electoral subject?has received from public funds. The total expense that a candidate proposed by voters can make may not be more than 50% of the highest amount an electoral subject has obtained from public funds
42. If there are limits on the amount a candidate can spend, what is the limit?	Code Not more than 50% of the highest amount obtained from public funds. Candidate spending also included in party spending limit (10 times the highest amount received from public funds).
43. Are there limits on the amount that third parties can spend on election campaign activities?
44. Are there limits on traditional media advertising spending in relation to election campaigns?
45. Are there limits on online media advertising spending in relation to election campaigns?
46. Do any other restrictions on online media advertisement (beyond limits) exist?

Question	Value
47. Do political parties have to report regularly on their finances?	Code Yes Comment Parties are required to submit financial reports to the Central Elections Commission on annual basis.
48. Do political parties have to report on their election campaign finances?	Code Yes Comment Parties must submit reports of their finances to the Central Election Commission.
49. Do candidates have to report on their election campaign finances?	Code Yes Comment Candidates are subject to the same legislation as political parties in this regard.
50. Do third parties have to report on election campaign finances?
51. Is information in reports from political parties and/or candidates to be made public?	Code Yes Comment The Central Elections Commission are required to publish the audit reports of electoral subjects (both parties and candidates) in its official website not later than 30 days from the date the report has been submitted.
52. Must reports from political parties and/or candidates reveal the identity of donors?	Code Sometimes Comment The special register includes?all private funds received, indicating the amount of?contributions made by each physical or legal person and further information allowing the clear?identification of the donors. Note however that only the identity of persons who have donated more than 100,000 ALL is made public.
53. Must reports from political parties and/or candidates include information on itemized income?
54. Must reports from political parties and/or candidates include information on itemized spending?
55. Which institution(s) receives financial reports from political parties and/or candidates?	Code EMB Comment Central Electoral Commission.
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?	Code EMB Auditing agency Other Comment Central Electoral Comission, High State Control (State Supreme Audit) and tax authorities.
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
58. What sanctions are provided for political finance infractions?	Code Fines Loss of public funding Comment Fines and loss of public funding for up to 5 years,

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Political Finance Database

Albania

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