Law 4/2017, Of 16 March, Amending The Law 19/2014, Of September 18, Qualified Political Parties And Electoral Financing

Original Language Title: Llei 4/2017, del 16 de març, qualificada de modificació de la Llei 19/2014, del 18 de setembre, qualificada de partits polítics i finançament electoral

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CGL20170330_12_55_11 Law 4/2017, of 16 March, amending the Law 19/2014, of September 18, qualified political parties and electoral Finance Law 4/2017, of 16 March, qualified modification of the Law 19/2014, of September 18, qualified political parties and electoral financing since the General Council in its session of 16 March 2017 has approved the following : law 4/2017, of 16 March, amending the Law 19/2014, of September 18, qualified political parties and electoral financing preamble the Law 19/2014, of September 18, qualified political parties and electoral funding, was approved by the General Council with the aim of regulating in a specific way and in general political parties as a basic organizations for the operation of representative democratic system of Government established by the Constitution, and to establish a general scheme of financing of political parties and of electoral funding. The regulation relating to political financing was made following the recommendations made in this matter by the Group of States against corruption (GRECO) of the Council of Europe. However, the second report of compliance related to the third cycle of evaluation of the GRECO shows that it is necessary to make some specific changes and some clarificacions in the Law 19/2014 to adapt completely to the recommendations which made the body mentioned.
It is for this reason that this law is promoted, in which the most important modifications are carried out consists of making expressly to parliamentary groups as we can not make donations to political parties or candidates. In fact, el GRECO has taken in not foresee expressly the parliamentary groups to the letter a) of paragraphs 4 and 3 of articles 26 and 44, respectively, there is a doubt about whether these entities can make such donations. Also modified the article 44, while introducing some specific provisions relating to the contributions that political parties can make to candidates, to fade away doubts about the regime in this area, bearing in mind that the scattered provisions that refer at present can lead to confusion. Also have changed the articles 36, paragraph 10, and 50, section 5, to determine specifically the publication of accounts of political parties and candidates in a reasonable period of time. Finally, it should be noted that has been refurbished on time the publication of donations to political parties and candidates provided in articles 26, paragraph 12, and 44, section 12, all shortening deadlines to do so, given that el GRECO has concluded that current timelines are too long.
In addition, it has taken advantage of this legal reform to introduce some modifications aimed to clarify and simplify certain provisions of the law of political parties and electoral financing, improve the drafting of any other provisions of this Law and to establish a system of public funding of political parties in electoral campaigns financing differentiated cash. On the other hand, has been partially modified the law of the Court of accounts, of 13 October 2000, since they have seen technical problems in the application of some of his articles, which already were modified by law 19/2014, of September 18, qualified political parties and electoral financing. Specifically, it aims to improve the wording of articles 2 and 3, paragraph 1, of the above-mentioned Law, in order to include logical and systematic way the content of the modifications that have been carried out both by the law of political parties and electoral financing, as by law 32/2014, of 27 November, sustainability of public finances and budgetary and fiscal stability. And also modifies the article 22 of the law of the Court of accounts with the aim to remove the rotating shift system for the renewal of the members of the Court of accounts.
Article 1. Modification of the letter a) of section 4 and of paragraph 12 of article 26 Will modify the letter a) of paragraph 4 and paragraph 12 of article 26 of the Law 19/2014, of September 18, qualified political parties and electoral financing, which are written as follows: "[...]
4. Can not make donations to political parties, either directly or indirectly: a) legal persons, without legal entities and other organizations, and in particular the foundations, associations and the parliamentary groups.
[…]
12. Political parties must inform the Court of Auditors all donations received, with the information provided in paragraphs 7 and 8 of this article, within a maximum period of eight working days from the day of donation.
The Court of accounts will make public, every six months, in the official bulletin of the Principality of Andorra, the lists with this information [...] "
Article 2. Modification of paragraph 11, and addition of a section 14 of article 26 modifies paragraph 11 and added a section 14 of article 26 of the law of 19/2014, September 18, qualified political parties and electoral financing, which is worded as follows: "[...]
11. The political parties may not accept donations from Government, political parties or foreign public bodies. Excluded from this prohibition the subsidies of the federations or international bodies of which political parties are a member for democratic and concrete projects that wish to carry out in favour of the general interest. In this case, these subsidies and their fate, which necessarily must be one project or projects in particular, must be stated in the accounts of the party and are subject to the same regime of quantity limit, control and advertising that Donations made by individuals to political parties foreseen in the present article.
And in all cases, the subsidies received cannot in no case to exceed 40% of the total cost of the related project.
[…]
14. If a credit or a loan granted to a political party is taken over by another person under a guarantee or other similar legal figure, this fact is considered to all intents and purposes as a donation if the person cited does not exercise in a reasonable timely actions to recover it. "
Article 3. Modification of article 32

Modifies the article 32 of the Law 19/2014, of September 18, qualified political parties and electoral financing, which is worded as follows: "Article 32. Grant of representation 1. Political parties established in accordance with this law shall receive a grant of representation to cover its operating costs. This grant is different from the subsidy to cover electoral costs that regulate the articles 45 and 46.
This grant is annual and is perceived throughout the duration of a term. In the event that the legislature start or end on a date other than the start or the end of the calendar year, the subsidy is distributed proportionately to the months of the calendar year corresponding to the new legislature.
The payment of this fee shall be made by means of a game in the General budget of the State of the same exercise in the form of quarterly payments upon verification that the matches should receive the subsidy are registered in the registry of political parties.
2. To be eligible for this subsidy, it is necessary that the political party has been busy, alone or in coalition, in elections of the legislature during which the grant will be received and that the nomination which has obtained at least 10% of the votes cast in the electoral district, and even if you have not obtained representation to the General Council or in the Commons.
If once started the legislature, electoral candidacy was established as a political party, this will receive the grant of representation based on the results obtained and with an amount proportional to the period of the remaining calendar year counting from the day that it is formally registered.
In the event that a candidate receives the support of several political parties, the grant will be distributed according to the agreement that these determined so in the nomination and lack of this, in a way proportional to the representation of fingers games in the nomination.
Applications that are not submitted to any political party, although obtained representation to the General Council or in the Commons, cannot receive the grant of representation.
3. The grant of representation destined to pay for operating expenses is established for each calendar year on the basis of the following criteria: a) calculation Basis:-€ 5,000 to the parties that make up the national list in the elections to the General Council;
-1,400 € to the parties that make up the parish list in the elections to the General Council; and-1,400 € to the parties that make up the list in the communal elections.
The distribution of the base amount between the different parties members of a nomination will be made in accordance with the provisions of the second paragraph of this article, and shall be communicated to the Government at the beginning of each legislature and before payment of the first grant.
b) determination of the amount of the grant: the amount of the grant of representation of a political party will be the result of the sum of the different bases that corresponds to each party in accordance with that established in the previous paragraph. "
Article 4. Amendment of section 10 of the 36 article modifies the terms of paragraph 10 of article 36 of the Law 19/2014, of September 18, qualified political parties and electoral financing, which is worded as follows: "[...]
10. The Court of Auditors in its annual report of activities the results of the audit of the accounts of the political parties, as well as a copy of the accounts mentioned above. The annual report contains the recommendations and proposals that the Court considers appropriate to ensure compliance with the law and improve the rules governing the financing of political parties.
This report is published in the Bulletin of the General Council, such as in article 32 of the law of the Court of accounts.
[…]”
Article 5. Modification of paragraph 1 of article 37 modifies the paragraph 1 of article 37 of the Law 19/2014, of September 18, qualified political parties and electoral financing, which is worded as follows: "[...]
1. Irrespective of the civil and criminal responsibilities that correspond, is offences as Stoke on financing of political parties the following behaviours: a) Receive private donations in excess of the maximum amounts or with violation of the terms and conditions established by this law.
b) That political parties made contributions to electoral bids above the maximum spending limits for election with contravention of the provisions of article 44, paragraph 3, letter a).
c) Infringing the accounting obligations arising from this law, so that it prevents or severely hinders the knowledge of the financial and patrimonial situation of political parties.
d) does not submit the accounts to the Court of accounts within the period and under the conditions established by this law.
e) does not meet the requirements of the Court of accounts, or in any way impede their investigation.
f) other violations of the obligations established by the fourth chapter of the law.
[…]”
Article 6. Modification of article 40 modifies the article 40 of the Law 19/2014, of September 18, qualified political parties and electoral financing, which is worded as follows: "Article 40. The election Manager of the application 1. All candidates must have an electoral administrator in charge of your income and expenses, and their accounting. Your name should be reported to the Electoral Board.
2. When a single party or a coalition presents nominations in more than one parish, nothing prevents the different candidacies federate expenses and have the same administrator. In this case, you also need to communicate it to the Electoral Board.
3. you can be appointed election Manager any person of legal age, Andorran nationality and full use of their civil and political rights.
4. Candidates may not be the electoral administrators.
5. Accounting is adjusted in each case to the General principles and the applicable regulations. "
Article 7. Deletion of article 41 Is repealed as article 41 of the Law 19/2014, of September 18, qualified political parties and electoral financing.
Article 8 Amendment of article 42 article 42 of the law is modified, 19/2014 of September 18, qualified political parties and electoral financing, which is worded as follows: "Article 42. Open accounts

Electoral administrators of applications that have been previously designated in due form and time, must report to the Electoral Board are specific accounts open for fund raising at any bank with its headquarters in Andorra. This communication is done within twenty-four hours after the opening of the accounts. "
Article 9. Amendment of paragraphs 2 and 3 of article 43 amending sections 2 and 3 of article 43 of the Law 19/2014, of September 18, qualified political parties and electoral financing, which are written as follows: "[...]
2. electoral administrators are responsible for solidarity of the amounts deposited and their application for the purposes indicated.
3. Once you have finished the election campaign, only you can have the balances of these accounts payable, on the fifty calendar days after the day of voting, election expenses previously entered into. "
Article 10. Modification of paragraph (1), the letter a) of paragraph 3 of section 7 and paragraph 12 of article 44 modify paragraph 1, letter a) of paragraph 3, section 7 and paragraph 12 of article 44 of the Law 19/2014, of September 18, qualified political parties and electoral financing, which are written as follows :
“[…]
1. The electoral candidates can receive donations in money or in kind nominatives, from only natural persons, within the limits and in accordance with the requirements and conditions established in the law.
By exception to this provision, the political parties can make contributions to the candidates, within the limits and in accordance with the requirements and conditions established in paragraph 3 of this article.
[…]
3. Can not make donations to the election candidates, neither directly or indirectly: a) legal persons, without legal entities and other organizations, and in particular the foundations, associations and the parliamentary groups.
Despite the above, political parties can make contributions to the candidates to cover the deficit of electoral accounts, provided that these contributions do not exceed the maximum fixed election spending limits in Chapter five. These contributions must be made to specific accounts provided for in article 42, and must appear obligatorily in the accounting of the political parties and the candidates concerned.
[…]
7. In the case of donations in kind, the effectiveness of donations received is credited by means of a certificate issued by the election administrator which must state, in addition to the identification of the donor, the public document or the authentic document proving the delivery of the right given, making express mention of the irrevocable character of the donation. Donations in kind are valued in accordance with the existing rules on accounting for entrepreneurs.
[…]
12. The electoral candidates must inform the Court of Auditors all donations received, with the information provided in paragraphs 6 and 7 of this article, within a maximum period of eight working days from the day of donation.
The Court of Auditors has published the donations and the information provided in paragraphs 6 and 7 of this article in the official bulletin of the Principality of Andorra, within a maximum period of one month from the end of the electoral campaign. "
Article 11. Adding a section 13 of article 44 be added a paragraph 13 of article 44 of the Law 19/2014, of September 18, qualified political parties and electoral financing, which is worded as follows: "[...]
13. If a credit or a loan granted to a candidacy is assumed by another person under a guarantee or other similar legal figure, this fact is considered to all intents and purposes as a donation if the person cited does not exercise in a reasonable timely actions to recover it. "
Article 12. Adding an article 46 bis will add an article 46 bis to law 19/2014, of September 18, qualified political parties and electoral financing, located after the article 46, which is worded as follows: "Article 46 bis. Credits 1. The candidates can only carry out credit operations and obtain financial services with financial institutions.
2. The cancellation of interest and capital, and the establishment of favourable conditions different from the ordinary market or of the common uses of commercial traffic, are considered donations and have to follow the regime provided for in article 44.
3. The documentation on credit operations and the operations that are set up in the previous section must be provided to the Court of accounts, which can also claim them to financial institutions. "
Article 13. Modification of paragraph 2 of article 48 modifies the paragraph 2 of article 48 of the Law 19/2014, of September 18, qualified political parties and electoral financing, which is worded as follows: "[...]
2. The electoral candidates can make a maximum amount of election expenses 200,000 euros in the case of elections to the General Council in the national list, and 30,000 euros in the case of elections to the General Council in the parish lists or in the case of communal elections, more 0.30 euros for each person registered in the electoral register of the relevant constituency. The violations of these limits by the candidates they penalize according to the provisions of paragraph 3 of article 38. "
Article 14. Modification of paragraph 1 of article 49 modifies the paragraph 1 of article 49 of the Law 19/2014, of September 18, qualified political parties and electoral financing, which is worded as follows: "[...]
1. From the date of the announcement up to the fiftieth day after the day of the vote, the Electoral Board oversees the performance of the election financing regulations.
[…]”
Article 15. Modification of sections 1, 2, 5 and 6 of the article 50 can modify the sections 1, 2, 5 and 6 of article 50 of the Law 19/2014, of September 18, qualified political parties and electoral financing, which are written as follows: "[...]
1. Between sixty and eighty calendar days following the day of the election, all candidates must submit to the Court of Accounts a detailed accounting and documented their respective electoral income and spending.
2. The presentation make electoral administrators.
[…]

5. The Court of Auditors sent within three working days of the final report of the audit to the General Council and the Government. This report must include a copy of the corresponding electoral accounting, and has been published in the information bulletin of the General Council within a maximum period of one month from the date of receipt of the report by the General Council.
6. The Government, in accordance with the report of the Court of accounts, within the period of one month from the date on which the receive, sort the payment of subsidies to the nominations.
If the preliminary report on audit of the Court of Auditors warn evidence of irregularities, and if the parties or the candidates affected do not make allegations, the Government ordered, within a period of one month from the date it receives, the payment of subsidies to candidates, according to this preliminary report and without prejudice to the applicable according to the report. To this effect, once the deadline for making claims, the Court of Auditors sends the preliminary report to the Government, together with the certification that it is noted that the candidates concerned have not made allegations. The amounts received are adjusted, where appropriate, to which correspond according to the final report. "
Sole transitory provision In reference to the grant of representation regulated in article 3 of this law, this will start to run from the 1 January 2018 and will be taken as a reference to calculate the amount of the subsidy on the results of the general elections of the 1 March 2015 and the communal election of 13 December 2015 except for who have busy new elections before that date in this case you would take as a reference the results of the new election.
First final provision. Modification of the law of the Court of accounts 1. Modifies the article 2 of the law of the Court of accounts, of 13 April 2000, which was amended by sections 2, 3 and 4 of the second final provision of the Law 19/2014, of September 18, qualified political parties and election financing, and sections 1 and 3 of the first final provision of the law 32/2014 , of 27 November, the sustainability of the public finances and budgetary and fiscal stability, and is worded as follows: "Article 2 the functions of the Court of accounts: 1. fiscalitzadora Function: to) Monitor the economic and financial activity of the public administration, political parties and organizations linked or dependent of these political parties, the electoral coalitions and electoral candidates , all ensuring that they conform to the legal system.
b) supervise the execution and settlement of the budgets of the State and of the common, for the purpose of ensuring the fulfilment of the obligations established by law of sustainability of public finances and budgetary and fiscal stability in the area of financial sustainability, stability and fiscal budget.
c) Monitor the grants, loans and grants charged to the budget of the public bodies listed in the article 8, as well as the guarantees and the direct and personal tax exemptions granted to these ens.
d) Monitor the contracts signed by the public administration in cases where this is established by applicable legislation or in which the Court of Auditors deems it convenient.
e) Monitor the situation and variations of the heritage of the public administration.
f) Monitor the extraordinary credits, supplements, the additions, extensions, transfers, advances and other modifications of the initial budgetary credits.
g) Analyse the use of the available resources with efficiency criteria and formulate the proposals aimed at improving the services provided by the public administration.
h) Monitor the effectiveness of the objectives proposed in the various budgetary programs and in the memories of the grants, loans, grants and guarantees, and indicate, if applicable, the reasons for non-compliance.
I) Monitor the annual accounts of the political parties and the groups of representatives, in the terms established by the law of political parties and electoral financing.
2. Advisory Function: issue the opinions and resolve queries that in matters of public accounting and of the economic and financial management, we request the public bodies listed in article 8.
3. Function to impose penalties: a) Already, apply for and solve the sanctioning to political parties, candidates and associations of representatives in application of the sanctions provided in the law of political parties and electoral financing.
b) Already the disciplinary provisions of the law of sustainability of public finances and budgetary and fiscal stability. "
2. Modifies the paragraph 1 of article 3 of the law of the Court of accounts, of 13 April 2000, which was amended by section 5 of the second final provision of the Law 19/2014, of September 18, qualified political parties and election financing, and is worded as follows: "[...]
1. the Court of Auditors fulfils its function through the preparation of reports, studies and reports, once approved by the plenary, and together with the allegations and justifications that have presented the fiscalitzats us and proposed recommendations to improve their management, and the requirements to comply with the principles of financial and budgetary stability and fiscal sustainability , need to be exposed as part of a report that the Court must submit annually to the General Council.
[…]”
3. Modifies the article 22 of the law of the Court of accounts, of 13 April 2000, which was modified by the article of the Law 2/2010, of 18 March, of the law of the Court of accounts, of 13 April 2000, and to paragraph 5 of the first final provision of the law 32/2014 , of 27 November, the sustainability of the public finances and budgetary and fiscal stability and is worded as follows: "Article 22 1. The president and the other members of the Court of Auditors are appointed individually by the General Council, with the favourable vote of two-thirds of its members in the first ballot, for a period of six years renewable.

2. If in the first ballot the required majority is not achieved in the previous section, is elected the candidate who, in a second vote, get the favourable vote of the absolute majority of the General Council.
3. once appointed, the members of the Court of Auditors should pay an oath or promise of obedience to the Syndic general, in the form provided for by the regulations of the General Council.
4. Once the term of his mandate, the members of the Court of accounts continue to play the role until the swearing in of new members. This period may not exceed six months. "
Second final provision. Consolidated texts are entrusted to the Government that a maximum period of six months from the entry into force of this law published in the official bulletin of the Principality of Andorra the consolidated texts of the Law 19/2014, of September 18, qualified political parties and election financing, and the law of the Court of accounts, of 13 October 2000, including the changes introduced so far in these two laws.
Third final provision. Entry into force this law shall enter into force the day after its publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, March 16, 2017 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra

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