Albania
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Source
" Financial assistance and material from foreign public or private entities and from government is prohibited, or from Albanian public entities or those with the participation of state capital". Source : Article 21, Law on Political Parties, Law no.8580 dated 17 February 2000, updated as of 22 May 2017. " Electoral subjects may receive funds for the purposes of their electoral campaigns only from domestic natural or legal persons. For the purposes of this Code, an Albanian citizen who resides outside the territory of the Republic of Albania shall also be considered a domestic natural person". Source : Article 89, Electoral Code, Approved by Law no. 10019, dated 29 December 2008, Amended by Law no. 74/2012 dated 19 July 2012 and Law no. 31/2015 dated 2 April 2015. |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Source
' Electoral subjects may receive funds for the purposes of their electoral campaigns only from domestic natural or legal persons. For the purposes of this Code, an Albanian citizen who resides outside the territory of the Republic of Albania shall also be considered a domestic natural person". Source: Article 89, Electoral Code, 2015. |
3. Is there a ban on corporate donations to political parties? |
Code
Yes
Source
" 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; d) 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: Article 89, Electoral Code, 2015
" Financial assistance and materials from foreign public or private entities and from government is prohibited, or from Albanian public entities or those with the participation of state capital". Source : Article 21, Law no.8580, dated 17 February 2000 "On Political Parties", updated as of 22 May 2017. |
4. Is there a ban on corporate donations to candidates? |
Code
Yes
Source
"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; d) 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: Article 89, Electoral Code, 2015 |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Comment
It is not explicitly stated or clear from the context that it relates specifically to political parties. |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
It is not explicitly stated or clear from the context that it relates specifically to political parties. |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Source
"Each electoral subject must register the amount of funds received for each natural or legal person, as well as other data related to the clear identification of a donor, in a special register which is approved as a template by a CEC decision. At the moment of donation, the donor signs a declaration affirming that none of the circumstances specified in Article 89 applies to him/her and that he/she bears personal responsibility for false declaration". Source: Article 90, The Electoral Code, 2015. "Receiving non-public funds donated by entities which fail to declare their identity, orwhose identity is not clearly identified by the political party that is the beneficiary of the non-public fund, shall be prohibited ". Source : Article 23/1, Law on Political Parties, 2017. |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Source
"Each electoral subject must register the amount of funds received for each natural or legal person, as well as other data related to the clear identification of a donor, in a special register which is approved as a template by a CEC decision. At the moment of donation, the donor signs a declaration affirming that none of the circumstances specified in Article 89 applies to him/her and that he/she bears personal responsibility for false declaration". Source: Article 90, The Electoral Code, 2015. "Receiving non-public funds donated by entities which fail to declare their identity, orwhose identity is not clearly identified by the political party that is the beneficiary of the non-public fund, shall be prohibited ". Source : Article 23/1, Law on Political Parties, 2017. |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Source
"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; d) 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: Article 89, Electoral Code, 2015 |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
Yes
Source
"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; d) 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: Article 89, Electoral Code, 2015 |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Source
"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; d) 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: Article 89, Electoral Code, 2015 " Financial assistance and material from foreign public or private entities and from government is prohibited, or from Albanian public entities or those with the participation of state capital". Source : Article 21, Law on Political Parties, Law no.8580 dated 17 February 2000, updated as of 22 May 2017. |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Source
"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; d) 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: Article 89, Electoral Code, 2015 " Financial assistance and material from foreign public or private entities and from government is prohibited, or from Albanian public entities or those with the participation of state capital". Source : Article 21, Law on Political Parties, Law no.8580 dated 17 February 2000, updated as of 22 May 2017. |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Source
"Except when otherwise provided by law, resources of central or local public bodies or entities, or of any other entity where the state holds capital or shares or/and appoints the majority of the supervisory or administrative body of the entity, regardless of the source of the capital or ownership, may not be used or made available to support candidates, political parties or coalitions in elections. For purposes of this article, current and fixed assets provided for in article 142 of the Civil Code, as well as any human resources of the institution, shall be considered as 'resources'. Use of 'human resources' shall mean the obligatory use for electoral purposes of the institution's administration within the work hours, as well as the obligatory and organized use of students of the pre-university system within the lesson hours, in the electoral campaign". Source : Article 88, Approved by Law no. 10 019, dated 29 December 2008, amended by Law no. 74/2012, dated 19 July 2012 and Law no. 31/2015, dated 2 April 2015 |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
No data
Source
"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 : Article 89, The Electoral Code, 2015 |
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
Yes, for both natural and legal persons
Source
"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 : Article 89, The Electoral Code, 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
ALL 1 million
Source
"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 : Article 89, The Electoral Code, 2015. " According to the Law, electoral campaigns may be financed from public and private funds, including loans. Donations from both citizens and legal entities, including in-kind, are capped at ALL 1 million, and contributions above ALL 100,000 must be made through a designated bank account". Source : OSCE/ODIHR (2019) Republic of Albania, Local Elections, 30 June 2019. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, WARSAW |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Source
"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 : Article 89, The Electoral Code, 2015 |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
ALL 1 million
Source
"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 : Article 89, The Electoral Code , 2015 |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
Yes, donation limit for private persons apply
Source
"An electoral subject ( candidate) may use its own financial sources for campaign. The candidate, the same as any other allowed donator , may donate the maximum amount of ALL 1 million ( cash or in-kind donations). Every donation by the candidate that exceeds this limit is prohibited". Source : Guideline for the financial reporting manners by candidates for local elections, CEC, 2019.
" The sources for financing the campaign of electoral subjects are the following: advanced funds given by the State Budget for the political parties registered as electoral subjects; income generated by the electoral subject itself, in accordance with the legislation in force; gifts in monetary value, in kind or services rendered, according to Article 89 of this Code; loans taken by the political parties in accordance with the law". Source: Article 87/1, The Electoral Code, 2015 |
21. Is there a limit on in-kind donations to political parties? |
Code
No data
|
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Source
"Donation in-kind is reported both as gift and spenditure for the campaign. The limit of ALL 1 million of donations by a single donor includes also donations in-kind; donations in-kind may be accounted on the allowed limitation of electoral subject spenditures". Source: Guidelines for the financial reporting of local elections candidates, CEC , 2019. |
23. Is there a ban on political parties engaging in commercial activities? |
Code
Yes
Source
" The creation by political parties of commercial and non-commercial juridical persons that exercise activity with the purpose of profit is prohibited". Article 20, Law on Political Parties, updated as of 22 May 2017. |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
Yes
Source
"The sources for financing the campaign of electoral subjects are the following: |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
Yes
Source
"Loans are another legal form of financial sources for the campaign. Loan conditions on the contract will be subject of auditing the same as other financial sources and the amount of loan will be calculated towards the allowed limit of campaign donations". Source : Guidelines for financial reporting by candidates on local elections, CEC, 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
Yes
Source
"Each electoral subject must register the amount of funds received for each natural or legal person, as well as other data related to the clear identification of the donor, in a special register which is approved as a template by a CEC decision. At the moment of donation, the donor signs a declaration affirming that none of the circumstances specified in article 89 applies to him/her and that he/she bears personal responsibility for false declaration. The form and content of the declaration is approved by the CEC and its signing is obligatory for all donations. |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, both regularly and in relation to campaigns
Source
"Political parties participating in the elections, which have received no less than 0.5 per cent of votes nationwide, are entitled to State Budget funds, based on the number of votes of each party in those elections. This fund is determined through a decision of the Assembly and comprises a separate item in the State Budget for the respective electoral year. This fund may not be lower than the aggregate sum allocated to political parties in the previous elections". Source: Article 87, The Electoral Code of the Republic of Albania, 2015. "The fund defined through a decision of the Assembly, according to point 1 of article 87, is given in advance to the parties that are registered as electoral subjects as follows: "A fund which shall serve as public financial aid for the annual activities of political parties shall be allocated each year in the State Budget. The financial aid foreseen in the state budget during non-electoral years, as a rule, shall not be less than the aid foreseen in the preceding year". Source: Article 19, The Law on Political Parties, 2017 |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Source
"The fund shall be divided according to the following rules:
|
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to seats received
Source
"The fund defined through a decision of the Assembly, according to point 1 of article 87, is given in advance to the parties that are registered as electoral subjects as follows: "The fund defined according to letter “a” of article 87/2 is calculated by dividing this fund with the total number of valid votes received by the political parties, which profit funds according to letter “a” of article 87/2 of this Code. The result from this division is multiplied by the number of valid votes received by the respective political party in the previous elections.
|
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Campaign spending
Source
"The Central Election Commission determines by an instruction the types and number of activities, activities, services and materials allowed to be used by a political party in the electoral field. |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Source
'During the electoral campaign, the Public Radio and Television provides to "Exceptionally stipulations of the Electoral Code, during the election campaign for the 2017 Assembly elections, National, local or satellite radio and television stations are obliged to make available free of charge to electoral subjects for political advertising, Respectively only 90 minutes for the largest party of the parliamentary majority and the largest party of the parliamentary minority, 45 minutes for the other parliamentary parties and 10 minutes for the non-parliamentary parties. Political parties and any other subjects are prohibited from making political advertisements versus payment during the election campaign. The cost of making available free time to electoral subjects is calculated as a full deductible tax expense. The Central Election Commission, the Audiovisual Media Authority |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Source
'During the electoral campaign, the Public Radio and Television provides to |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
No
Source
It is not applied differently for the candidates. There are applied the same provisions as for the political parties. |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Source
"The state facilitates the activity of political parties. The facilitation by the state of the activity of political parties includes the following fields: |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Yes
Source
"Failure by the electoral subject to comply with the obligations specified in point 6 of article 67 of this Code regarding the composition of the list, is punishable by the CEC with a fine of ALL 1,000,000 as well as the additional sanction, in accordance with point 2 of this article, in the case of elections to the Assembly, and with refusal of the political party’s list of the candidates for municipal councils for elections for local government bodies. "A gender quota applies to each candidate list as a means to redress the political underrepresentation of women.48 It requires at least one woman and one man among the top three positions and at least 30 per cent of candidates of each gender in each district list. The CEC imposed sanctions of ALL 1 million against the SMI and SP for not respecting the gender quota in Tirana and Berat districts respectively. However, the CEC did not sanction the DP for failing to respect the quota in all 12 districts of the country, undermining the value of the measure to promote women candidates and the necessity for parties to compete on an equal basis, at odds with OSCE commitments.49 The law does not allow to deny registration of a party if the quota is not respected". Source : OSCE/ODIHR ( 2017) Republic of Albania, Parliamentary Elections, 25 June 2017. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, Warsaw. "Equal gender participation and representation in all legislative, executive, judicial power bodies as well as in other public institutions shall be achieved when:
ç. A participation of not less than 30% of each sex in the candidates’ list presented by the political parties for the proportional system for the general Assembly elections is ensured.
|
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
Source
"The violation of any one of the general principles specified in articles 3, 4 or 5 of this Code, in cases when this violation has not affected the election result, constitutes an administrative offence and is punishable by a fine of ALL 100,000 to 500,000. "Offering or giving money or material goods, making promises for employment or other favours in any form, in contradiction with the law, for the voter or other persons in order to get signatures to field a candidate in elections, to vote in a certain way, to participate or not to participate in voting, or to get engaged into an illegal activity to support a candidate or political party, constitutes a criminal offence and is punishable by imprisonment of one year up to five years." Source: Article 328 Active corruption in elections (Amended by law no.89/2017, article 4), 2017. |
39. Are there limits on the amount a political party can spend? |
Code
Yes
|
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
shall not exceed 10 times the highest amount that an electoral subject has received from public funds
Source
"The total expenses made by a political party, including its candidates, for an electoral campaign shall not exceed 10 times the highest amount that an electoral subject has received from public funds, according to article 87/3 of this Code. Every expense for the electoral campaign is documented and carried out in respect of the fiscal legislation in force." Source: Article 90, The Electoral Code of the Republic of Albania, 2015. |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
|
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
shall not exceed 50 percent of the highest amount that an electoral subject has obtained from public funds
Source
"Obligations provided for in this article are also applicable to candidates proposed by voters who are registered in accordance with articles 69 and 70 of this Code. The total amount that a candidate proposed by voters may spend shall not exceed 50 percent of the highest amount that an electoral subject has obtained from public funds, according to article 87/3 of this Code". Source: Article 90, The Electoral Code of the Republic of Albania, 2015. |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No data
|
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
Yes, for political parties
Yes, for candidates
Source
"The total airtime for political advertisements during the entire election campaign on each private radio and television station may not exceed 90 minutes for each party registered in elections. In any case, radio and television broadcasters apply |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No data
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
|
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Source
"Political parties shall submit financial reports to the Central Election Commission once per annum.
|
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Source
"Political parties are obliged to document in a correct and complete manner, according to the rules of the legislation in force, all the expenses incurred and the manner of using the funds during the election campaign. All persons responsible for finances in a political party are trained by the Central Election Commission for the maintenance, administration, reporting and retention of documentation and data under this article. The political party submits to the Central Election Commission a full copy of the "The electoral subjects specified in point 1 of this article shall make available to the auditor appointed by the CEC all information, documents or data that are related to the financing and expenses of the electoral campaign in accordance with this Code. |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Source
"Each electoral subject must register the amount of funds received for each natural or legal person, as well as other data related to the clear identification of the donor, in a special register which is approved as a template by a CEC decision. At the "Të gjithë subjekteve zgjedhore u kërkohet të mbajnë të gjitha informacionet, dokumentet ose të dhënat që kanë të bëjnë me financimin dhe shpenzimet e fushatës zgjedhore "sipas nenit 91, paragrafi 2 i Kodit Zgjedhor. Këto do të përfshijnë: |
50. Do third parties have to report on election campaign finances? |
Code
No
Source
"The definition of third party actors is limited and is covered by the legislation in place for legal persons. Their financial reporting is subject of the law on Tax Procedures on the republic of Albania. They are not required to submit itemized financial reports to the CEC, and no information on independent expenditures or contributions must be reported to the CEC." Source: MoneyPoliticsTransparency.org, 2016, Albania. |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Source
"Each political party must record in a special record book, according to the template approved by the Central Election Commission, the amount of funds received by any natural or legal person, and data clearly defining the identity of the donor. When awarding the donation, the donor shall at all times be obliged to sign a donation statement, in accordance with the template approved by the Central Election Commission". Source: Article 23/1, Law on Political Parties, 2017. "The CEC shall publish the audit reports for electoral subjects no later than 30 days from the date the report has been submitted, or depending on the case, from the date the respective verifications have been completed. The names of persons who donate amounts of no less than ALL 100,000, as well as the respective amounts, are published together with the report". Source: Article 91, The Electoral Code of Albania, 2015. |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Source
Each political party must record in a special record book, according to the template approved by the Central Election Commission, the amount of funds received by any natural or legal person, and data clearly defining the identity of the donor. When awarding the donation, the donor shall at all times be obliged to sign a donation statement, in accordance with the template approved by the Central Election Commission". Source: Article 23/1, Law on Political Parties, 2017. "The CEC shall publish the audit reports for electoral subjects no later than 30 days from the date the report has been submitted, or depending on the case, from the date the respective verifications have been completed. The names of persons who donate amounts of no less than ALL 100,000, as well as the respective amounts, are published together with the report". Source: Article 91, The Electoral Code of Albania, 2015. |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Source
"Political parties are obliged to document in a correct and complete manner, according to the rules of the legislation in force, all the expenses incurred and the manner of using the funds during the election campaign. All persons responsible for finances in a political party are trained by the Central Election Commission for the maintenance, administration, reporting and retention of documentation and data under this article. |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Source
Political parties are obliged to document in a correct and complete manner, according to the rules of the legislation in force, all the expenses incurred and the manner of using the funds during the election campaign. All persons responsible for finances in a political party are trained by the Central Election Commission for the maintenance, administration, reporting and retention of documentation and data under this article. |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
The Central Elections Commission. Source
'Exercises oversight of electoral campaign financing in accordance with this Code". Source: Article 21, The Electoral Code , 2015. "No later than the start of the election campaign, The Central Election Commission appoints a sufficient number of financial experts by lot, To conduct the election campaign monitoring of political parties, including the activities, activities and materials used by them during the election campaign. |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
Comment
The Central Election Commission. Source
"The Central Election Commission is the body responsible for the monitoring and supervision of the funding of political parties according to the rules of this law. |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Refer for investigation
Request additional information from potential violator
Request additional information from others
Impose sanctions
Source
"The infringement of the obligation of the political party to cooperate with the certified accounting expert assigned by the Central Election Commission shall be subject to a fine of 1 000 000 to 2 000 000 ALL. |
58. What sanctions are provided for political finance infractions? |
Code
Source
"The infringement of the provisions of the funding of political parties by the person in charge of finances within the political party or the individual assigned by the party statute [to carry out this duty] shall be punishable by a fine of 50 000 to 100 000 ALL. "The request or the acceptance by the voter of money, material goods or other favours in any form in contradiction with the law, for one’s own self or for the others, to provide the signature to field a candidate in the elections, to vote in a certain way, to participate or not in the elections or to get engaged in illegal activities in support of a candidate or political party constitutes a criminal offence and is punishable by imprisonment of one year to five years". Source : Article 328/b Passive corruption in elections, LAW No. 7895, dated 27 January 1995 CRIMINAL CODE OF THE REPUBLIC OF ALBANIA (Amended by law no. 36/2017) (Amended by law no.89/2017 |