IV. Analysys and recommendations

I. Sanctions for violations

Although this has the advantage of ensuring equal treatment of all parties, since misdemeanour proceedings will always be opened in such cases, the absence of any discretion on the part of the Agency on whether or not to open misdemeanour proceedings carries with it the risk of violating the principle of proportionality. The principle of proportionality does not merely cover the range of punishment, but also relates to the question of whether proceedings should be initiated at all for very minor violations, also considering the significant effect that opening such proceedings will have on public opinion in the context of political party financing. Although there should be clear criteria for the decision not to proceed with misdemeanour charges or to give a warning, it is recommended that a reasonable degree of discretion is given to the Agency on whether or not to proceed with misdemeanour charges, or to give a warning instead of proceeding with such charges.