Third Amendment To Act No. 19/2003, Of 20 June, Which Regulates The Regime Applicable To The Financing Of Political Parties And Election Campaigns

Original Language Title: Terceira alteração à Lei n.º 19/2003, de 20 de Junho, que regula o regime aplicável ao financiamento dos partidos políticos e das campanhas eleitorais

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DRAFT LAW N° 606/X ' DRAFT law ° 606/X (change the law n. º 19/2003 Â, â “ 20 June € Financing Law of Poland Parties and election campaigns) display the statement the financing of parties and election campaigns in Poland is the matter more delicate and sensà available rias of the rule of law and its timing is essential to the functioning of democracy. Is ‰ known, between not ³ s, the debate on the choice between public and private financing, and if enshrined, there is too much, the joint solution. This solution that emphasizes the public tended to financing of parties and election campaigns, being allowed only donations from individuals, within certain limits, duly certificated by check or bank transfer. This legislative initiative introduces fix utility of µ s and improved § oamentos is funding law of Poland Parties and election campaigns, in order to achieve greater accuracy and transparency. These fix utility of µ s and improved § oamentos arising from experience resulting from the application of the law practice that now changes. Is never more optimize the legislative instruments governing the controversial activity, eliminating vocos equà and clarifying procedures to ensure best quality and credibility to the institution of Democratic State µ static. It is important, above all, and strengthened, to ensure, in all cases, the total transparency of financing partidà and accurately in organising the accounts of parties and election campaigns. Such desà genius not pities with any questions or equà in the domestic domain of vocos competence of supervisory instances instances. 2 the question of transparency in the field of financing the partidà integrates today the agenda of various instances, like, actually, reveals the recent proposal of the European Parliament and of the Council amending Regulation (EC n° 2004/2003) on the Statute and financing of political parties at European level not ticos Poland. That proposal deserved opinion favorà level of the European Affairs Committee and the Committee of Constitutional Affairs, rights, liberties and guarantees of the Assembly of the Republic. As far as is applicable law, it is pacà is the assignment of exclusive jurisdiction of the fiscalizaà of the accounts of the parties, the Constitutional Court, including the funding component ment public therefore is this instance that participating, since always, in institucionalizaà and in the control of the legal existence of Poland Parties. Actually, to both, that Court was with the appropriate advice, through the accounts and financing Entity Poland, that assists technically, as provided for in article 7 of law no 24  º 19/2003, of 20 June, and whose organization and operation has its seat in Organic Law only n° 2/2005 ', of 10 January. The time it takes for the entire duration the Law 19/2003, of 20 June and the JurisprudÃ, highly pedagà ³, which the Constitutional Court, as an entity with exclusive jurisdiction in matter of Parties ' accounts and all its bodies the ³ Ã, has been producing, µ Empire in which, in this opportunity, introduced some fix utility of µ, µ s update and aclaraà of µ s in that law. The experience of these years of practical application, either in partidà life, is in the exercà heat of the competence of fiscalizaÃ, cannot help but be taken into due account. So, with the concern of improved improvement and clarification, in favour of finance partidà transparency, eliminate n. º 4 Article 7 Â. °, which considers donations â € œ the acquisition of durable µ Poland parties clearly exceeds the amount for ticos respective mercadoâ €  value, because besides nea b) paragraph  º march 3 article 8. º proà be expressly the practices referred to in the provisions of the law now eliminated, which, in a somewhat equà voca, eventually the admit as donations, which must be fully removed.
Clarified that are null business cios jurà ³ doctors practiced in contravenà to the provisions of paragraph 3 of article #  8. Â. The subvenà of public scheduled for the second round of the presidential election µ s comes appears manifestly insufficient, and although the perà odo of campaign is shorter than the first round, it was to strengthen the more reasonable. Being the subvenà of the public, in part financing partidà ¢, assign the in function of the election results and their representativeness shows appropriate, in this opportunity, take into account the µ g/es that the small parties, which do not benefit from that subvenÃ, come publicly showing with respect is simplificaà of its accounts. Moreover, at present, the reference unit for the purposes of calculation of the subvenà of the assign public of Poland parties and parliamentary groups â € “ ° 19 Law/2003, of 20 June and law on organization and functioning of the services of the Assembly of the Republic, republished by law n° 28/2003. , July 30-is the retribuià of the nima monthly guaranteed, commonly called paycheck method national minimum. It is noted, however, that such remuneration is coming, in recent years, suffering any relevà increases, being forecast that this trend come even widening, which would imply an excessive growth of subvenà of all public incompatà with the µ s financial constraints to which the State is being forced. Thus, and as sucedà ¢ neo, adopting, for more suitable and more consentà ¢ neo with the difficulties the Paà s crosses, the Social support Index (IAS) which will allow to ensure in future that the subvenà of Poland parties public and parliamentary groups hold within reasonable parameters, without prejuà zo, Transiently, apply the retribuià method the nima monthly guaranteed fixed for the year of 2008.
4 on the other hand, the right is the State subvenà to cover the costs of campaigns regarding election µ s municipal progress becomes certain, too, when is concerned only the election for any of the bodies of the City ³ pio. It turns out that the Law is currently lacking in respect to the funding of campaigns for the election µ for the body the next ³ ³ Poland parties themselves ticos. Without prejuà zo their the regulatory duty fit the statutes and internal regulations of the respective parties, should not ignore the law, the need for greater transparency regarding the financing of such campaigns. This is what explains the consagraà of the legal requirement of publicitaà of accounts of such campaigns. Although it is found that, in matter of Referendums, want not available national and not regional and local level, there is a legal loophole with regard to the financing of their campaigns, it is understood that should be the subject of timing in the headquarters building itself, i.e., ³ in timely change of the referendum Law. In fact, these are acts which, by their own nature itself ³, outnumber the scope partidÃ. Also if is appropriate the new rules, with the caveats transient ³ rias established, they have application in the next budget year amental ³ and ³ economic, being known of its recipients, with the required advance to ensure their notice since the instance of the cio of exercà numerous 2009. The case, as a question of mere µ s updates, improved § oamentos, clarifications and fix utility of µ s, commonly taken by necessary, without change, in accordance with nouns, µ s solutions already adopted basic, is desirable, also, to obtain the greatest consensus could, for this initiative. Thus, in accordance with constitutional and applicable regulations, the undersigned members, present the following Bill: 5 Article 1 are amended articles 3rd, 5°, 7°, 8°, 10°, 12âº, 15°, 16th, 17°, 18°, 19°, 20°, 21°, 22° and 27°, of the law n. º 19/2003 Â, of 20 June and is a new art. 22â°-to the same degree as follows: â € œ Article 3rd [â € ¦] 1. Constitute revenue own ³ Poland parties themselves ticos:) € â € â ¦ ¦ b) â € â € ¦ c ¦) â € â € ¦ d ¦) the product of angariaà activities of funds they developed, including all µ s action that is forbidden by law; and) income from your domain in particular, ³ heritage rentals, rentals or µ s financial applications; f) the product of alienaà of goods or service performance of services, without prejuà zo of in nea b), Nr 3, art. 8â°; g) Present in nea f);
h) Present in nea g);
I) Present in nea h);
2. The revenue referred to in the previous number, when pecunià in nature, are not necessarily physical form through check or otherwise banking that allows the identification of the amount and its origin and deposited at banking account exclusively intended for that purpose, in which only can be carried out storage locations that have this source ³. 3 .â € ¦ â € ¦ 4. â € â € ¦ ¦

Article 5° [â € ¦] 1. â € â € ™ ¦ 6 2. â € ¦ â € ¦ 3. â € â € ¦ ¦ 4. Each Parliamentary Group is assign of an subvenà for members and advisory charges other operating expenditure corresponding to 48 IAS plus half that value, by Member, to be paid on a monthly basis pursuant to Nr 6. 5. The Groups originally rivers of parties that have run in coligaà to the Electoral Act are considered as a Group for the purposes of Parliamentary ³ number; 6. The subvenà of µ s mentioned above are paid in duodà © cimos, on account of the special dotaà µ for this purpose entered in the budget of the Assembly of the Republic. 7. The subvenà is referred to in numbers 1 and 2 is also granted to parties that, having run is election to the Assembly of the Republic and not having achieved parliamentary representation, obtain a number of votes exceeding 50 000, provided that the request to the President of the Assembly of the Republic.
Article 7 [â € ¦] 1. â € â € ¦ ¦ 2. â € ¦ â € ¦ 3. Without prejuà zo of acts and personal contributions own militant activity themselves ³, other donations in kind, as well as the goods transferred the title of loan are considered, for the purposes of the limit laid down in nº 1, by its current value on the market and will be itemized in the list referred to in nea b), Nr 3, art. 12â°. 4. Deleted.

7 Article 8° [â € ¦] 1. â € â € ¦ ¦ 2. â € ¦ â € ¦ 3. â € â € ™ ¦ the) purchase goods or services by clearly prices lower than those prevailing on the market values; b) â € â € ¦ c ¦) â € â € ¦ ¦ 4. The business cios jurà ³ doctors concluded in violation of the provisions of Nr's. 1 and 3 are void.
Article 10 [â € ¦] 1. â € ¦ â € ¦ € ¦) â â the € ¦ b) â € â € ™ ¦ c) Municipal tax on the onerous Transmission µ s ³ magnet, for the acquisition of furniture intended for ³ Ã magnet your own activity and the transmission itself ³ µ s resulting from fusion or cisÃ; d) Municipal tax on Imam ³ available on the tax value of the magnet level or part of ³ Imam ³ to your property for your business; e) € â € â ¦ ¦;
f) â € â ¦ € ¦;
g) value added tax on rental, purchase and transmission of goods and services, including those used in election campaigns through any brackets, printed, audiovisual or multimedia day, used as advertising material, means of communication and transport, and rental of spaces intended for spreading your message or own identity policy ³ pria and the isenà of the effected through the exercà of the right to refund of the tax; h) â € â € ¦ ¦.
2. â € â € ™ ¦ 8 3. The parties benefiting from isenà of taxes of Justice and court fees, and notary fees and registral.
Article 12° [â € ¦] 1. â € â € ¦ ¦ 2. â € ¦ â € ¦ 3. â € ¦ € ¦ a) â â € .....
b) â € .....
c) the discrimination of expenditure, including: expenditure on staff;
Expenditure on acquisition of goods and services;
The contribution µ for electoral campaigns;
The financial burden with loans; Costs related to the payment of fines laid down in numbers 1 and 2 of article 29;
Other expenses with the activity own ³ party itself; d) â € .....
4. â € ... ....
5. â € â € ™ ¦ 6. â € â € ™ ¦ 7. â € ¦ â € ¦ 8. Poland ticos parties whose annual financial movement, excluding the cost of election campaigns, does not exceed â ‚ € 30,000.00 and that do not have the right to subvenà of µ s in public in neas a) and (c)) of article 4th, may opt for a simplified accounting scheme, upon the completion and presentation of an official model of delicate rendering of accounts to be defined by joint Ordinance of the Ministry of Justice and of finance the. 9. Are also attached to the national accounts the accounts of the parties ' parliamentary groups, when these exist.

9 Article 15° [â € ¦] 1. â € â € ¦ ¦ 2. In the election campaigns for the ³ body the local authorities, the Bill is based, without prejuà zo the existence of account relating to common costs and, as a final result limit a maximum value equal to 10% of the overall limit recognition to all the standalone applications is rquicas. 3. Are ³ are recognition available invoices or expense documents, which refer to a perà odo that does not exceed the period of 12 days is conducting the election and tell them demonstrably respect, with the exception of costs directly related to the closure and delicate rendering of accounts. 4. In the election campaigns for the local government bodies the ³ are ³ will be able be contraction of loans banking rivers in the corresponding account at common and Central expenditure. 5. Current ° 3.
6. Until the last day of the period for the submission of applications, candidates, parties, coligaà of µ s and citizen groups voters present to the Constitutional Court its campaign budget, in accordance with the provisions of the present law µ. 7. The campaign budgets are made available in the official uncle of the Constitutional Court on the Internet from third day after ³ s its delivery.
Article 16th [â € ¦] 1. â € ¦ â € ¦ € ¦) â â the € ¦ b) â € â € ™ ¦ c) Donations of natural supporters of the applications;
d) â € ¦ 2. â € â € ¦ ¦ 10 3. The donations referred to in in neas c) and (d)), ° 1 can be obtained by angariaà of funds, even though the scope of the campaign directed to that end, subject to a limit of 60 IAS by donor, and are necessarily held by check or otherwise banking that allows the identification of the amount and its origin. 4. The revenue referred to in the previous number, when referring to the last day of campaigning, are deposited in the first useful day following; 5. The utilization of the assets assigned to ³ nio Poland party heritage, as well as the collaboration of militants, sympathisers and supporters is not considered, even as revenue, even as campaign spending.
Article 17° [â € ¦] 1. â € â € ¦ ¦ 2. â € ¦ â € ¦ 3. â € â € ¦ ¦ 4. â € ¦ â € ¦ 5. â € â € ™ ¦ 6. â € â € ™ ¦ 7. In case of µ s interim election there will rise to municipal subvenà of equal is referred to in the previous number, if they're concerned µ s election for the Municipal Assembly and the Municipal Chamber and half in the case of µ s election only for the Municipal Chamber. 8. The subvenà is referred to in the previous number must be sought by application of statement with statement of the financial mandatà with the overall estimate of expenditure and revenue, as well as the subvenÃ. 9. So is fixing the definitive values, the Assembly of the Republic shall advance, within maximum 15 days after the delivery of application, the amount corresponding to 50% of the estimated value for the subvenÃ. 10.11 Case the subvenà is not to be paid within 60 days from the date of delivery of the request provided for in the number 6 , vencerà is interest is legal rate applicable to give lives in the State. 11. The financial mandatà is referred to in number 8 is personally accountable for the monies wrongly received, that will have to be returned until date of service performance of campaign accounts referred to in number 1 of article 27°.
Article 18° [â € ¦] 1. â € â € ¦ ¦ 2. â € ¦ â € ¦ 3. â € â € ¦ ¦ 4. The subvenà does not can, in any case, exceed the value of the expenditure actually incurred, net of the amount recorded as coming from donations from individuals and µ s action of angariaà of funds. 5. â € ... ...
Article 19° [â € ¦] 1. Considered to be electoral campaign expenses by the applications or to these, with the intention or benefà heat within the six-month election immediately preceding date of election. 2. â € .....
3. â € .....

Article 20 [â € ¦] 1. â € ¦ â € ¦ a) 10000 times the value of the IAS in the election campaign for President of the Republic, plus 5000 IAS in case to run the second round; 12 b). € ¦ â € ¦ c) â € â € ¦ ¦.
d). â € â € ¦ ¦ 2. â € ¦ â € ¦ 3. â € â € ¦ ¦ 4. â € ¦ â € ¦ 5. â € â € ™ ¦ Article 21° [â € ¦] 1. For each campaign account is constituà of a mandatà is who is in the respective financial à ¢ scope, the acceptance of the donations referred to in addition to nea c), Nr article 1 16th, the storage of all revenue ³ and the authorization and control of expenditure, as well as all obligations arising from µ s µ s recommendation issued by the Constitutional Court for each election. 2. The mandatà national financial scenery can designate the mandatà ¢ financial district or regional scope when dealing with µ s election for Legislative assemblies or European, or local scope ¢ when dealing with election µ s authentic rquicas, which will be responsible for the acts and µ s default that in its

The scope may be charged in compliance with the provisions of this law. 3 .â € ¦ â € ¦ 4. Within 30 days after ³ s the expiry of the delivery of lists or candidacy for any election, party, coligaÃ, groups of citizens or the candidate for President of the Republic promotes the publication in newspapers of national circulation, the complete list of required financial mandatÃ.

13 Article 22° [â € ¦] 1. â € â € ¦ ¦ 2. The first candidates of each list or the first proposer of each group of citizens any election candidates, as the case may be, are secondarily responsible with the required financial mandatÃ. 3. The required financial mandatà juà zo by celebration in respond of contracts that can translate in µ s obligation to the candidates.

CHAPTER IV financing of campaigns for the election internal µ in Poland ticos Parties Article 22°-accounts advertising applications at µ s internal election for the body the parties ³ Poland ticos and disclose budgets, revenue and expenditure of the campaigns, according to the stipulated in the statutes and regulations of the respective Parties.

Article 27° [â € ¦] 1. Within maximum 90 days in the case of election µ s is rquicas, and standalone 60 days, in other cases, after ³ s subvenà of the public, each application provides the Constitutional Court the accounts broken down their election campaign, pursuant to this law. 2. â € â € ™ ¦ 3. â € â € ¦ ¦ 4. â € â € ¦ ¦ 14 5. â € â € ™ ¦ 6. â € ¦ € ¦ €  â â Article 2nd 1. References made in the current redacà of the law n. º 19/2003 Â, of 20 June, and the law on organization and functioning of the services of the Assembly of the Republic, republished by law No. 28/2003, ° of July 30, the anonymous method national salary shall be deemed to be reported to the Social support Index, briefly referred to as IAS , created by law n° 53-B '/2006, of 29 December, as reference value of subvenà of the public. 2. The provisions in the previous number shall take effect from the year in which the amount of the Social support index reaches the value of the retribuià method nima monthly guaranteed fixed for the year of 2008. 3. While the convergà referred to in the previous number does not occur, the amounts of the subvenà of µ s public funding of parties, including the parliamentary groups, electoral campaigns and of fines, keep the 2008 value. 4. Is ‰ revoked article 47. ° of the law of the Organization and functioning of the services of the Assembly of the Republic, republished by law No. 28/2003, ° of July 30.

Article 3rd 1. The parliamentary groups, where they exist, are in µ of taxpayer numbers own ³, being them also applicable, the rights and obligations µ s tax established in law for parties in Poland. 2. Has µ in also own taxpayer number ³ itself: a) the coligaà of any election candidates parties;
b) citizen groups voters candidates for any election.
3. The numbers of taxpayers own ³ themselves above are assign dos, once accepted the candidatures, in numerous heat every 15 election campaign and expire with the presentation of their report to the Constitutional Court.
Potala are Benedict, 20 November 2008 Members,