Prohibition on the use of public resources to support electoral subjects

(amended by Law No. 101/2020, dated 23 July 2020)

1. Except when otherwise provided by law, resources of central or local public bodies or entities, or of any other type of entity in which the state holds capital or shares or/and appoints the majority of the supervisory or administrative body of the entity, regardless of the source of the capital or ownership, may not be used or made available to support candidates, political parties, or coalitions in elections.

2. For purposes of this Article, “resources” shall mean movable and immovable assets provided for in Article 142 of the Civil Code, as well as any human resources of the institution. Use of “human resources” shall mean the obligatory use for electoral purposes of the institution’s administration within the working hours, as well as the obligatory and organised use of students of the pre-university system within the school hours, in the electoral campaign. Use of human resources shall also include promises or provision of benefits to public employees or students to participate in election campaign-related activities outside working or school hours, as well as pressure exercised on them for this purpose.

 3. During the electoral campaign, the recruitment, dismissal, release, movement or transfer from duty in public institutions or entities shall be prohibited, except for justified cases. Justified cases shall refer to cases when movement or release from duty is a result of violations, in accordance with the legislation in force, or when the recruitment is conducted within the structure and staff structure in force before the electoral campaign by the public institution or entity for the purpose of its mission. Cases of emergencies due to unpredicted events, which dictate recruitment, shall represent an exclusion to this rule.

4. Four months before the election date until establishment of the new government after the elections, it shall be prohibited to propose, approve, or issue legal or secondary legislation which stipulate the provision of benefits to certain categories of population, such as acts stipulating increases in salaries, pensions, economic and social aid, tax reduction or removal, fiscal amnesty, privatisation or provision of assets or rewards, etc., except for when such an initiative is conditioned by a state of natural disaster.

5. The CEC shall issue detailed guidelines to specify the use and misuse of public resources.