Home > 1.3.2.2.4 Combating electoral fraud > MALTA- Joint Opinion on the Draft Act to Regulate the Formation, the Inner Structures, Fuctioning and Financing of Political Parties and their Participation in Elections
 
 
 
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Paragraph 42
 

E. Rules on the financing of political parties


3. Independent oversight and enforcement


It may also be challenging for any oversight body to detect illegal sources of political party or campaign finance without sufficient powers of investigation. The body enforcing the relevant legislation should therefore have sufficient powers to do so. According to the Guidelines, “legislation should grant regulatory agencies the ability to investigate and pursue potential violations. Without such investigative powers, agencies are unlikely to have the ability to effectively implement their mandate”[1]. Similarly, the Committee of Ministers Recommendation 2003(4) requires that: “independent monitoring should include supervision over the accounts of political parties and the expenses involved in election campaigns as well as their presentation and publication.”[2]The process of auditing alone may be rendered ineffective if the oversight body may do so solely on the basis of information submitted to it, and is not able to examine whether that information is realistic or accurate, and whether it presents an actual and complete picture of a contestant’s income and expenditures. To strengthen the auditing process, several countries have provided their oversight bodies with the power to assess the accuracy of campaign finance reports and their compliance with the rules.


[1] Guidelines, par. 220.


[2] Council of Europe Committee of Ministers Recommendation (2003)4, Article 14 (b).