Subsection 2.1 Making financing of political parties more transparent
Justification and sources
If the financing of political parties was made transparent, in particular if it was possible to identify with certainty which natural persons finance political parties and where do the sponsorship contributions come from, it would boost the creditworthiness of political parties and their representatives in the eyes of the citizens. At the same time the intensity of favouritism in public procurement would be reduced since there would be less secret donators which ask for a service in return for the provision of financing of political parties.
Sources:
- UN: United Nations Convention against Corruption, 14 December 2005
- European CommissionRecommendation for a Council Recommendation on the 2015 National Reform Programme of the Czech Republic and delivering a Council opinion on the 2015 Convergence Programme of the Czech Republic, COM(2015) 254 final
- Staff Working Document, European Commission, Report on the Czech Republic, (COM(2015) 85 final)
- European Commission: EU Anticorruption Report, Annex Czech Republic, Annex 3, COM(2014) 38 final
- GRECO (Council of Europe):Third Evaluation Round - Compliance Report on the Czech C57 of Party Funding”, Strasbourg, 4 April 2013
- GRECO (Council of Europe): Evaluation Report on the Czech Republic on Transparency of party funding (Theme II), Strasbourg, 1 April 2011
- Venice Commission/OSCE/ODIHR: Guidelines on political party regulation, CDL-AD(2010)024, Venice, 15-16 October 2010
- Venice Commission: the Code of Good Practice in the field of Political Parties, Venice, 12-13 December 2008 (including the Explanatory Report of 14-15 March 2009, CDL-AD(2009)021)
- Council of Europe: Recommendation Rec(2003)4on common rules against corruption in the funding of political parties and electoral campaigns, 8 April 2003
- Council of Europe's Parliamentary Assembly:Recommendation 1516 (2001) on the financing of political parties, 22 May 2001
- Council of Europe:Recommendation Rec (2007) 15 on measures concerning media coverage of election campaigns, 2007
- Committee of Ministers of Council of Europe: Principle 15 of Resolution (97) 24 on the twenty guiding principles for the fight against corruption, 6 November 1997
- Czech Government Anti-corruption Action Plan for 2015
- Ondráčka, D., Vymětal, P., Transparent financing of electoral campaigns to the Chamber of Deputies of the Parliament of teh Czech Republic in 2013, Transparency International Czech Republic, Otakar Motejl Fund – Our Politicians, 2013
- REST. Transparent financing of political parties and electoral campaigns[online], Reconstruction of state, 2013
- Bureš, M., Klimešová, M., Transparent financing of political parties – which changes are necessary? Public administration (magazine), 21/2013
- Bouda, P., Bureš, R., Klimešová, M., Financing of political parties in the Czech Republic and the necessary changes of regulation, Institute of Sociology of the Academy of Science of the Czech Republic, 2012
- Waldová, E., Smith, M. L., Financing of political parties in the Czech Republic. Analysis of annual financial reports of political parties represented in the Chamber of Deputies of the Czech Parliament between 2006 – 2011, 2012
- Transparency International: Korupční rizika v zemích Visegrádu – Studie systémové integrity ve visegrádských zemích, 2012
- Vondráček, O., Havrda, M., Corruption as a Parasite – Manual How to Combat It, chap. Disclose Men in the Back and chap. Without inner tunnels from outside, 2013
More about methodology
|
|
|
effectiveness
|
progression
|
|
| 35 |
#35 Limiting donations to political parties and by natural persons only
Political parties should be allowed to accept monetary donations and other donations from natural persons only. The amount of donations from individual persons should be limited.
|
Effectiveness
|
Progression
|
More
|
| 36 |
#36 Monetary donations from bank accounts only
Political party shall be allowed to accept monetary donations only if transferred from a bank account of financial institution established in an OECD country.
|
Effectiveness
|
Progression
|
More
|
| 37 |
#37 Monetary donation to the party to a transparent bank account
Political party shall be allowed to accept monetary donations only if credited to the transparent account of a bank established in the Czech Republic.
|
Effectiveness
|
Progression
|
More
|
| 38 |
#38 Loans to parties from banks only
Political parties should be allowed to only borrow money from entities with a valid banking license.
|
Effectiveness
|
Progression
|
More
|
| 39 |
#39 Disclosure of annual reports on the internet
Political parties should publish annual reports on the internet in a machine-readable form.
|
Effectiveness
|
Progression
|
More
|
| 40 |
#40 Prohibition to political parties to hold shareholder interest in companies
Political parties should not be shareholders or partners or members in any legal person registered in the Czech Republic or abroad.
|
Effectiveness
|
Progression
|
More
|
Subsection 2.2 Making financing of electoral campaigns political parties more transparent
Justification and sources
If the legal framework for financing of electoral campaigns was inspired by the requirements laid down herein, these campaigns could no longer be financed by unknown persons who – after the elections – require attribution of public contracts to companies which they own in order to recuperate their "electoral investments." Transparent financing of electoral campaigns would also increase trust of citizens in the elected representatives (politicians).
Sources:
- UN: United Nations Convention against Corruption, 14 December 2005
- European Commission: EU Anticorruption Report, Annex Czech Republic, Annex 3, COM(2014) 38 final
- GRECO (Council of Europe):Third Evaluation Round - Compliance Report on the Czech Republic,”Transparency of Party Funding”, Strasbourg, 4 April 2013
- GRECO (Council of Europe): Evaluation Report on the Czech Republic on Transparency of party funding (Theme II), Strasbourg, 1 April 2011
- Venice Commission/OSCE/ODIHR: Guidelines on political party regulation, CDL-AD(2010)024, Venice, 15-16 October 2010
- Venice Commission: the Code of Good Practice in the field of Political Parties, Venice, 12-13 December 2008 (including the Explanatory Report of 14-15 March 2009, CDL-AD(2009)021)
- Council of Europe: Recommendation Rec(2003)4 on common rules against corruption in the funding of political parties and electoral campaigns, 8 April 2003
- Venice Commission: Code of Good Practice in Electoral Matters: Guidelines and Explanatory report, Venice, 18-19 October 2002, CDL-AD(2002)023rev
- Venice Commission: Guidelines and Report on the Financing of Political Parties, CDL-INF(2001)008 - (Venice, 9-10 March 2001)
- Council of Europe's Parliamentary Assembly: Recommendation 1516 (2001) on the financing of political parties, 22 May 2001
- Council of Europe: Recommendation Rec (2007) 15 on measures concerning media coverage of election campaigns, 2007
- Committee of Ministers of Council of Europe: Principle 15 of Resolution (97) 24 on the twenty guiding principles for the fight against corruption, 6 November 1997
- Czech Government Anti-corruption Conception for years 2015 – 2017
- Czech Government Anti-corruption Action Plan for 2015
- Archalous, M., Klimešová, M., Surveillance of financial management of political parties and movements: analysis of possible solution alternatives, October 2014
- Lunn, P., Regulatory Policy and Behavioural Economics, OECD Publishing, 2014
- Ondráčka, D., Vymětal, P., Transparent financing of electoral campaigns to the Chamber of Deputies of the Parliament of teh Czech Republic in 2013, Transparency International Czech Republic, Otakar Motejl Fund – Our Politicians, 2013
- REST. Transparent financing of political parties and electoral campaigns, Reconstruction of the state [online]
- Bureš, M., Klimešová, M., Transparent financing of political parties – which changes are necessary? Public administration (magazine), 21/2013
- Bouda, P., Bureš, R., Klimešová, M., Financing of political parties in the Czech Republic and the necessary changes of regulation, Institute of Sociology of the Academy of Science of the Czech Republic, 2012
- Waldová, E., Smith, M. L., Financing of political parties in the Czech Republic. Analysis of annual financial reports of political parties represetned in the Chamber of Deputies of the Czech Parliament between 2006 – 2011, 2012
- Transparency International: Corruption risks in the Visegrad Countries – Visegrad Integrity System Study, 2012
- Vondráček, O., Havrda, M., Corruption as a Parasite – Manual How to Combat It, chap. Money for Campaign Straight, not Sideways, 2013
More about methodology
|
|
|
effectiveness
|
progression
|
|
| 41 |
#41 Limitation of monetary donations for elections and from natural persons only
Political parties should be allowed to accept monetary donations and other donations for their electoral campaigns from natural persons only. The amount of financial donations from individual persons should be limited.
|
Effectiveness
|
Progression
|
More
|
| 42 |
#42 Monetary donations from account to account (transparent)
Political parties shall open a separate transparent bank account in the Czech Republic specifically for the purposes of electoral campaign. Political parties should be allowed to accept monetary donations and other donations for their electoral campaigns only if they were transferred from a bank account of financial institution based in an OECD country and if they were transferred to the transparent account.
|
Effectiveness
|
Progression
|
More
|
| 43 |
#43 Identification of natural persons directly covering the costs of electoral advertisements
Each electoral advertisement, billboard for example, should include the following information: if the electoral advertisement is paid from the transparent bank account of the party: the number of the underlying contract, invoice number, transparent bank account number, date of the money transfer, unit price, party’s webpage where one can find the contract in question, the invoice and the bank statement proving the payment; if the electoral advertisement is paid directly by the natural person (outside the transparent bank account of the party or its accounting): number of the underlying contract, invoice number, transparent bank account number, date of the money transfer, name and surname of person who paid the advertisement for the party together with party’s approval with this electoral advertisement, unit price, party’s webpage where one can find the contract in question, the invoice and the bank statement proving the payment and party’s approval with this electoral advertisement.
|
Effectiveness
|
Progression
|
More
|
| 44 |
#44 Online disclosure of contracts and invoices for electoral advertisements
Political parties should have a website where all the documents to which the electoral advertisements made reference would be published. Electoral advertisement should not appear before those documents were published.
|
Effectiveness
|
Progression
|
More
|
| 45 |
#45 Buying of political advertisement at pre-set prices
Political parties should buy electoral advertisements only at pre-set prices published on the internet by the advertising company. The company ensuring electoral advertisement should not be allowed to change those prices during the electoral campaign.
|
Effectiveness
|
Progression
|
More
|
| 46 |
#46 Court appointed expert for financial management of a single electoral campaign
On the party’s proposal the court should appoint an accountant responsible for the management of party’s electoral campaign.
|
Effectiveness
|
Progression
|
More
|
| 47 |
#47 Financial management of the electoral campaign by a court appointed expert and his/her control
Only the electoral accountant should be allowed to administer party’s transparent electoral account. The party should be allowed to give binding orders to the electoral accountant: the accountant shall not comply with the order of the party which is in conflict with the law. The electoral accountant appointed by the court should accept funds which are to be registered at the party’s account, he/she should verify donors’ identity, administer transparent electoral account, make payment orders to cover the costs of electoral advertising, publish on party’s website relevant contracts, invoices and other documents. Should the appointed electoral accountant violate his/her obligations, he/she should be prosecuted by a special authority established to control electoral financing. This authority should be composed, for example, of members of the Supreme Audit Authority, the Supreme Administrative Court and the relevant professional self-regulatory organization.
|
Effectiveness
|
Progression
|
More
|
| 48 |
#48 The remuneration of the court appointed expert for the financial management of the campaign
The remuneration of the appointed accountant should be transferred to the transparent electoral account at the beginning of the electoral campaign. The amount of the remuneration should be set at the outset, earmarked on the account and blocked until after the elections. The amount of remuneration should be released to the electoral accountant only after competent authority checked his/her work and did not find any deficiencies.
|
Effectiveness
|
Progression
|
More
|
