IV. Analysys and recommendations

I. Sanctions for violations

Chapter VI of the Law deals with actions and decisions taken in violation of law, while Chapter VII deals with penal provisions. Within Chapter VII, Article 39 regulates misdemeanours of a political party. Under para 1, number 4 of this provision, sanctions are foreseen for receiving funding from prohibited sources listed in Paragraph 3 of Article 12 of the law but not for violating other paragraphs of the same article.[1] There does not, therefore, appear to be any sanction for such key violations of the Law as those mentioned in paragraph 1, which includes financing by foreign natural persons and legal entities (except international political associations), anonymous  donors, public institutions, public enterprises, companies and entrepreneurs engaged in services of general interest, institutions and companies with state capital share, etc. This would render these bans essentially ineffective. It is also noted that in the absence of a misdemeanour provision in Article 39, such funds cannot be confiscated (as they are not mentioned in the relevant Article 39 para 3). To close this gap, it is recommended that a proportionate punishment be introduced for all violations of the activities banned by Article 12. Similarly, violations of other requirements, e.g. regarding donations under Article 9 paras 4-8, should also be sanctioned. In cases involving pressure, threats or violence (Article 9 paras 7-8), this should also lead to criminal liability.

[1] Final Report of the Limited Election Observation Mission to the Parliamentary and Early Presidential Elections of Serbia, 6 and 20 May 2012, p. 12.