Home > 6 Political parties > SERBIA - Joint Opinion on the Draft Amendments to the Law of the Financing of Political Activities
 
 
 
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Paragraph 27
 

IV. Analysys and recommendations


E. Donations and membership fees


In principle, this change is welcome as well, as it reduces the risk of undue influence on political parties by certain individuals exercising public authority. However, the formulation chosen risks being over-inclusive. After all, civil servants all exercise (some part of) public authority. Depending on what is meant by “individuals exercising public authority”, this could arguably mean that the draft amendments would make it illegal for all civil servants to contribute to political parties. Making donations to political parties is a form of political participation and also forms part of the freedom of association and limitations need therefore to be necessary in a democratic society as well as proportionate.[1] Although so-called ‘party taxes’, i.e. donations made by civil servants to political parties under pressure, should be banned, the ban as currently phrased may be disproportionate as it may inadvertently cover too many individuals. It is suggested to consider re-wording this amendment, so that only a narrow range of specific individuals exercising public authority is prohibited from donating to political parties, in cases where this is justifiable to prevent undue influence.


[1] OSCE/ODIHR-Venice Commission Guidelines on Political Party Regulation, paras 14-15, 159 & 170.