Paragraph 46

 

46.  The most controversial point in the Law on Financing of Political Parties is the provision (Article 9) for determining the amount of state funds to be disbursed for campaign finance purposes. According to the OSCE/ODIHR EOM report on the 2004 Presidential Election, the Finance Ministry interpreted Article 9 as granting it discretion in determining the amount of campaign funds to be released by the Ministry for a single election. The Ministry took the position that it had discretion for determining the amount for a single election because Article 9 sets the total amount for all elections to be held in a budget year. This interpretation of the law, that attributes to the Ministry the task of setting the total of campaign funds for a single election, gives considerable discretionary power to the government and constitutes a potential advantage to incumbent candidates. Further, the English translation of the text reviewed does not clearly support this interpretation. The OSCE/ODIHR and the Venice Commission recommend that Article 9 be amended to clarify this issue and to specifically state the intent of the legislature in language that is not subject to different interpretations.