Home > 2.6 Campaign finance > 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 43
 

E. Rules on the financing of political parties


3. Independent oversight and enforcement


It is thus recommended to consider giving the oversight body a number of additional powers in this area, such as, for example, the power to call witnesses and the power to ask other governmental institutions (tax authorities, anti-corruption authorities, etc.) for assistance in carrying out its work, including through the provision of information or expertise and the power to call witnesses under oath. The infringement of rules on political party and campaign finance should be subject to an effective remedy, including effective, proportionate and dissuasive sanctions.In addition, the body enforcing legislation should be able to issue orders leading to the partial or total loss of funds obtained in contravention to the draft Act. Any sanctions imposed “[…] must bear a relationship to the violation and respect the principle of proportionality”[1], and it should be possible for the affected political party to appeal such decisions to a court.


[1] Guidelines, par. 225. A similar requirement is also set by the Council of Europe Committee of Ministers Recommendation 2003 (4), Article 16 which requires infringements to “[…] be subject to effective, proportionateanddissuasive sanctions”.