E. Rules on the financing of political parties

1. Donations

As noted in the Guidelines, limits have historically been placed on domestic funding of political parties in the OSCE region, in an attempt to limit the ability of particular groups to gain political influence by providing financial advantages.[1] Legislation in the area of political party financing may therefore set reasonable limitations on private contributions, which may include the determination of a maximum level that may be contributed by a single donor[2]. The Council of Europe Committee of Ministers’ Recommendation (2003)4 also requires that “[i]n case of donations over a certain value, donors should be identified in the records”.[3] Specific rules on donations should be included in key legislation with a view to avoiding conflicts of interest.[4]Additionally, as also noted in Recommendation (2003)4, “[s]tates should specifically limit, prohibit or otherwise regulate donations from foreign donors”[5]. This requires a careful and nuanced approach to foreign funding which weighs the protection of national interests against the rights of individuals, groups and associations to co-operate and share information”[6]. In the Maltese context, the existence of European Union political parties must also be considered,[7] as well as the European Union acquis in this field.

[1] Guidelines, par. 173.

[2] Guidelines, par. 175.

[3] Council of Europe Committee of Ministers Recommendation (2003)4, Article 12 (b).

[4] Council of Europe Committee of Ministers Recommendation (2003)4, Article 3 (a).

[5]Council of Europe Committee of Ministers Recommendation (2003)4, Article 7.

[6]Guidelines, par. 172.

[7] Ibid.