Home > 2.6 Campaign finance > ROMANIA - Law No. 334
 
 
 
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Article 42
 

(1) The Permanent Electoral Authority is authorised to control the observance of the legal provisions on the income and expenses of political parties, political or electoral alliances, independent candidates, as well as the lawfulness of the financing of the electoral campaign.


(2) Control of the subsidies granted from the state budget shall also be concurrently conducted by the Court of Accounts, in accordance with the provisions of Law No. 94/1992 on the organisation and operation of the Court of Accounts, as republished and as subsequently amended and supplemented.


(21) The Court of Accounts may control the lawfulness of the process of validation of the sums to be refunded to the electoral competitors within 30 days from the completion date of the control of the electoral campaign financing conducted by the Permanent Electoral Authority.


(22) If the Court of Accounts conducts the control referred to in paragraph (21), the periods for the reimbursement of electoral expenses provided for in Article 48 shall be extended by 30 days.


(3) Within 60 days from the entry into force hereof, the Department for the Control of the Financing of Political Parties and of the Electoral Campaigns shall be set up within the Permanent Electoral Authority, by supplementing the current staff establishment plan.


(4) The entire staff of the Permanent Electoral Authority shall benefit from a complex work bonus amounting to 30% applied to the basic gross monthly wage. The provisions of Article 22 paragraph (1) of Framework Law No. 284/2010 on uniform salaries for the staff paid from public funds, with subsequent amendments and supplements, shall not apply to the Permanent Electoral Authority.


(5) The documents and information which may be requested by the Permanent Electoral Authority may exclusively concern those activities carried out by the political parties that are related to obtaining income and making expenses.


(6) Any person may be appointed general director of the Department for the Control of the Financing of Political Parties and Electoral Campaigns provided that he/she cumulatively meets the following conditions:


a) may hold an office, subject to the requirements laid down in points a) - h) of Article 12 paragraph (1) of Law No. 7/2006 on the statute of parliamentary officials, as republished, with subsequent amendments and supplements;


b) has academic education in the field of economic or legal sciences;


c) has not been a member of a political party in the last 5 years.


(7) The competition for the office provided for in paragraph (5) shall be organised by a special 7-member commission, appointed within 30 days after the entry into force hereof, by order of the president of the Permanent Electoral Authority, which shall consist of teaching staff with an economic or legal background.


(8) The commission referred to in paragraph (7) shall lay down the regulation for the competition and shall designate the winning candidate, who shall be appointed by the president of the Permanent Electoral Authority within 15 days from such designation.


(9) The general director of the Department for the Control of the Financing of Political Parties and Electoral Campaigns shall have the following exclusive duties:


a) to organise the control of the financing of political parties;


b) to coordinate the activity of the staff subordinated to him/her;


c) to propose to the president of the Permanent Electoral Authority the application of the sanctions provided herein.