Machine Translation of "Law No. 334 Of 17 July 2006 (Republished) On The Financing Of The Activity Of Political Parties And Election Campaigns)" (Romania)

Law No. 334 Of 17 July 2006 (Republished) On The Financing Of The Activity Of Political Parties And Election Campaigns)

Original Language Title: LEGE nr. 334 din 17 iulie 2006 (republicată) privind finanţarea activităţii partidelor politice şi a campaniilor electorale*)

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LEGE no. 334 334 of 17 July 2006 (** republished) (* updated *) on the financing of political parties and electoral campaigns *) ((updated until 1 May 2016 *)

ISSUER

PARLIAMENT

---------- Note
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* *) Republicated pursuant to art. IV of Law no. 113/2015 to amend and supplement Law no. 334/2006 on the financing of the activity of political parties and electoral campaigns, published in the Official Gazette of Romania, Part I, no. 339 of 18 May 2015, giving the texts a new numbering.
- Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 757 of 12 November 2012. Law no. 334/2006 was also republished in the Official Gazette of Romania, Part I, no. 510 510 of 22 July 2010 and has been amended and supplemented by:
- Law no. 124/2011 for completion art. 12 12 para. ((1) of Law no. 334/2006 on the financing of the activity of political parties and electoral campaigns, published in the Official Gazette of Romania, Part I, no. 433 433 of 21 June 2011;
---------- + Chapter I General provisions + Article 1 (1) The present law regulates the financing of the activity of political parties and electoral campaigns, as well as the control of financing the activity of political parties (2) The principles of financing the activity of political parties and electoral campaigns are as follows: a) the principle of legality; b) the principle of equal opportunities; c) the principle of transparency of d) the principle of independence of political parties and candidates for funders; e) the principle of political and electoral integrity. + Article 2 Political parties may hold, under the law, movable and immovable property that are necessary to carry out the specific activity. + Article 3 ((1) The sources of financing of a political party are: a) contributions of party members; b) donations, related and other liberalities; c) income from own activities, according to art. 16 16; d) subsidies from the state budget; e) money loans from individuals and legal entities. (2) Political parties may contract loans in money only through authentic notary acts, under the sanction of absolute nullity, accompanied by delivery-receipt documents, in the contract providing for the way and the deadline for their restitution. (3) The term of refund provided in par. ((2) may not be more than 3 years. (4) Money loans and their refund can be made only by bank transfer. (5) Money loans that are not returned within the period provided in par. (3) may be constituted in donations only with the agreement of the parties and only if the ceiling for donations provided in art. 6 6 para. (1), until the competition of this ceiling. (6) Loans that have a value of more than 100 gross minimum basic salaries per country are subject to the advertising conditions provided in art. 13. (7) The granting of loans by political parties, political or electoral alliances and independent candidates to natural or legal persons is prohibited. (8) Political parties and their territorial organizations, including those established at the level of the sectors of Bucharest, have the obligation to organize their own accounting, according to the applicable accounting regulations. (9) The operations of receipts and payments of political parties and their territorial organizations shall be carried out by bank accounts, in lei and in foreign currency, opened with banks based in Romania and in cash according to the law. ((10) The incomes made from the activities provided in par. ((1) lit. c) are exempt from taxes and duties. + Article 4 The efficiency and appropriateness of spending by political parties, political alliances and citizens ' organizations belonging to national minorities shall be decided by their governing bodies, according to their statutes. + Chapter II Private financing + Section 1 Levies + Article 5 (1) The amount of contributions, their distribution and use shall be determined by decisions of the political party, according to their own statutes. (. Total revenue from contributions shall be uncapped. (3) The amount of contributions paid in one year by a party member may not exceed 48 gross minimum wages per country. The minimum gross basic salary per country taken as a reference is the one existing on 1 January of that year. (4) Political parties have the obligation to publish in the Official Gazette of Romania, Part I, until April 30 of the following year, the total amount of income from contributions obtained in the previous fiscal year, as well as the list of party members which paid in the previous fiscal year dues whose summed value exceeds 10 gross minimum wages per country. (5) List referred to in par. ((4) must contain the following elements: the name and surname of the party member, the nationality, the value and the date on which the levy was paid. + Section 2 Donations + Article 6 ((1) Donations received by a political party in a fiscal year may not exceed 0.025% of the revenues provided for in the state budget for that year. ((2) Donations received from a natural person in a year may be up to 200 gross minimum basic salaries per country, at the existing value on January 1 of that year. ((3) Donations received from a legal person in a year may be up to 500 gross minimum basic salaries per country, at the value existing on January 1 of that year. (4) The total amount of donations made by legal entities directly or indirectly controlled by another person or by a group of natural or legal persons may not exceed the limits provided in par. ((2) and (3). (5) The market value of movable and immovable property donated to the party, as well as of the services provided to it free of charge shall be included in the value of donations, within the limits provided in ((1), (2) and (3). (6) Evaluation of goods and services provided in par. (5) shall be carried out by duly authorised assessors Government Ordinance no. 24/2011 on certain measures in the field of valuation of goods, approved with amendments Law no. 99/2013 , with subsequent amendments and completions. (7) It is prohibited to legal persons who, at the time of the donation, have debts that are more than 60 days old to the state budget, the social security budget or local budgets to make donations to political parties, except when have to recover larger amounts than their own debt. (8) When making the donation, the political party has the obligation to ask the donor legal person to present a declaration on their own responsibility regarding the compliance with the condition provided in par. ((7). (9) It is forbidden to accept in any form, directly or indirectly, by political parties, donations of material goods or amounts of money or the provision of free services made with the obvious purpose of obtaining an economic advantage or with violation of paragraph 1 ((8). + Article 7 (1) The amounts of money that are subject to loans received by a political party in a fiscal year may not exceed 0.025% of the revenues provided for in the state budget for that year. (2) The amounts of money that are subject to loans received by a political party from a natural person in a year may be up to 200 gross minimum basic salaries per country, at the value existing on January 1 of that year. ((3) The amounts of money that are subject to loans received by a political party from a legal person in a year may be up to 500 gross minimum basic salaries per country, at the value existing on January 1 of that year. (4) The total amount of money that is subject to loans granted to political parties by legal entities directly or indirectly controlled by another person or by a group of natural or legal persons may not exceed the limits provided in par. ((1)-(3). (5) The provisions of art. 6 6 para. ((7)-(9), as well as of art. 14 14 para. ((1)-(3) shall apply accordingly. + Article 8 ((1) Donations that have as their object buildings with the destination of headquarters of political parties are exempted from the conditions provided in art. 6 6 para. ((2), (3), (4) and (5). (2) Donations in money with the task of purchasing buildings with the headquarters destination of the political party are exempted from the conditions provided in art. 6 6 para. ((2), (3), (4) and (5). (3) The political party has the obligation to carry out the task provided in par. (2) within the period and conditions provided for by the donation contract. (4) The term of fulfilment of the task provided in par. ((3) may not be more than 2 years. (5) Failure to meet the deadline provided in par. (4) entails the cancellation of the exceptions provided in par. ((1) and (2). + Article 9 Cash donations whose value exceeds 10 gross minimum basic salaries per country will be carried out only through bank accounts. + Article 10 Price reductions exceeding 20% of the value of goods or services offered to political parties and independent candidates will be considered donations and will be distinctly recorded in the party's own accounting or candidate's party. independently, according to the norms issued by the Ministry of Public + Article 11 (1) Upon receipt of the donation are mandatory the verification and registration of the identity of the donor, regardless of its public or confidential nature. (2) At the written request of the donor, his identity shall remain confidential, if the donation is within the limit of the annual amount of 10 gross minimum basic salaries per country. (3) The total amount received by a political party as confidential donations may not exceed the equivalent of 0.006% of the revenues provided in the state budget for that year. + Article 12 (1) All donations, including confidential ones, will be recorded and duly highlighted in the accounting documents, with the mention of the date on which they were made and other information enabling the identification of funding sources and donors. (2) Donations of goods and services provided free of charge will be reflected in the accounting at the market value at the time of the donation. (3) The activities provided on a voluntary basis under the law are not considered donations. + Article 13 (1) Political parties have the obligation to publish in the Official Gazette of Romania, Part I, the list of natural and legal persons who made in the previous fiscal year donations whose cumulative value exceeds 10 gross minimum basic salaries per country, the list of natural and legal persons who have granted loans whose value exceeds 100 gross minimum basic salaries per country, as well as the total amount of confidential donations, i.e. the total amount of loans with a value of less than 100 minimum basic salaries per country received, until 30 April of the following year. (2) List provided in par. (1) shall contain the following elements: a) for individuals: the name and surname of the donor or the borrower, the citizenship, the value, the way of the donation or the loan and the date on which the donation or loan was made. In the case of the loan will be mentioned the term of restitution thereof; b) for legal entities: name, seat, nationality, unique registration code, value, kind of donation or loan and the date on which the donation or loan was made. In the case of the loan, the deadline for its refund will be mentioned. + Article 14 (1) It is forbidden to use financial, human and technical resources belonging to public institutions, autonomous regions, national companies, companies regulated by Company law no. 31/1990 , republished, with subsequent amendments and completions, or credit institutions to which the state or administrative-territorial units are majority shareholders, to support the activity of political parties or the electoral campaign of to them, other than under the conditions established by electoral laws. (2) Political parties may not accept donations or services provided free of charge from an authority or public institution, from an autonomous direction, from a national company, a regulated company Law no. 31/1990 , republished, with subsequent amendments and completions, or credit institution with full or majority state capital. (3) It is forbidden to accept donations from a trade union or religious cult, regardless of their nature. (4) Amounts received in violation of the provisions of para. (2) and (3) shall be confiscated and made to the state budget. (5) Provisions of para. ((1)-(4) shall apply accordingly to political alliances, electoral alliances and independent candidates. (6) Provisions of para. (1)-(4) shall also apply accordingly to the organizations of citizens belonging to national minorities, for the financing of electoral campaigns. + Article 15 (1) The acceptance of donations from other states or organizations abroad, as well as from individuals who do not have Romanian citizenship or by legal persons of a nationality other than the Romanian one is prohibited, except those received from citizens of the Member States of the European Union who are domiciled in Romania and hold the status of member of the political party to whom he granted the donation (2) I take exception to the provisions of par. (1) donations consisting of material goods necessary for political activity, but which are not electoral propaganda materials, received from international political organizations to which the respective political party is affiliated or from political parties or political parties in relations of political collaboration. Propaganda materials can also be received that are used only within the electoral campaign for the election of Romania's representatives in the European Parliament. (3) The donations provided in par. (2) shall be published in the Official Gazette of Romania, Part I, until April 30 of the following year. (4) The donations provided in par. (2) are exempt from the payment of customs duties, except for means of transport. (5) Amounts received in violation of the provisions of para. (1) is confiscated and made income to the state budget. + Section 3 Other sources of revenue + Article 16 (1) Political parties may not carry out activities specific to companies governed by Law no. 31/1990 , republished, with subsequent amendments and completions. Exceptions are the following activities from which political parties can obtain income: a) editing, making and disseminating publications or other propaganda materials and their own political culture; b) ticket sales, participation fees or the like in cultural, sports, as well as political, economic or social meetings and seminars; c) sale of printed materials with political party insignia; d) services offered to the members of the party for the organization of the events b); e) renting of premises in its own patrimony, without prejudice to the public morals, order or image of the political party; ---------- Lit. e) a par. ((1) of art. 16 16 has been amended by section 4.2 1 1 of art. unique from LAW no. 78 78 of 28 April 2016 , published in MONITORUL OFFICIAL no. 330 330 of 28 April 2016. f) the alienation of land and buildings in the patrimony, but only after at least 10 years since the registration in the patrimony, with the exception of the political parties under dissolution. The 10-year term does not apply to the situation of inherited real estate; g) the alienation of movable property from the patrimony, only if it does not represent activities of production, trade or service provision; h) sublease of premises received according to art. 26 26 para. (1)-(3), for the organization of parliamentary offices, without the amount of the monthly rent provided for in the sublease agreement to exceed the monthly rent provided in the lease agreement concluded with the local authorities. Maintenance expenses related to the sublet space return to the parliamentary office, according to the contract i) issue of the political party's membership cards/credentials. (2) Political parties may obtain income from bank interest. (3) By April 30 of each year, political parties have the obligation to publish in the Official Gazette of Romania, Part I, the total amounts of income obtained in the previous fiscal year from the activities provided in par. ((1) and from the sources provided in par. (2), broken down by each type of activity and source. + Article 17 (1) If a party is associated, according to the law, with an non-political party, the financial contribution of the latter to the respective form of association may not exceed in a fiscal year the value of 500 gross minimum basic salaries per country, on 1 January of that year. (2) The total financial contribution in forms of association with non-political parties may not have in one year a value higher than the equivalent of 0.006% of the revenues provided for in the state budget for that year. (3) Amounts received in violation of the provisions of para. ((1) and (2) shall be confiscated and made to the state budget. (4) Political parties have the obligation to publish in the Official Gazette of Romania, Part I, the total amount of the amounts covered by par. ((1), until 30 April of the following year. + Chapter III Public funding Subsidies from the state budget + Article 18 (1) Political parties receive annual subsidy from the state budget, under the law. (2) The amount allocated annually to political parties may not be more than 0.04% of the revenues provided for in the state budget. For political parties that promote women on electoral lists, on eligible seats, the amount allocated from the state budget will be increased in proportion to the number of mandates obtained in elections by women candidates. (3) The subvention from the state budget shall be granted according to the following criteria: a) the number of votes received at the general elections for the Chamber of Deputies and the b) the number of votes received at the general elections for local public administration authorities. (4) In the case of political or electoral alliances, the subsidy shall be divided among the members of the alliance by the number of mandates obtained. + Article 19 75% of the annual budget for political parties will be divided by political parties, proportional to the number of votes received in parliamentary elections, respectively the average valid votes cast for the Chamber of Deputies and the Senate, if they have electoral threshold. + Article 20 25% of the annual budget given to political parties will be divided by political parties, proportional to the number of valid votes cast, received at the local elections for the election of county councillors and councillors of the municipality Bucharest, if they obtained at least 50 mandates of county councillor and councillor from Bucharest. + Article 21 At the request of the Permanent Electoral Authority, the Central Electoral Bureau has the obligation to communicate the number of votes obtained by political parties, political alliances and electoral alliances in the general parliamentary elections, the number of candidates declared elected, on parties and/or alliances and sexes, the number of votes obtained by political parties, political alliances and electoral alliances at the general elections for county councillors and councillors of Bucharest, as well as the number of declared candidates elected at these elections by parties and/or alliances and sexes. + Article 22 Political parties and political or electoral alliances receive annual subsidies from the state budget under the law. + Article 23 (1) The subvention from the state budget shall be paid monthly, through the budget of the Permanent Electoral Authority, in a special account opened by each political party. Income from subsidies from the state budget is distinctly reflected in the bookkeeping of political parties. (2) At the level of the Permanent Electoral Authority, a specialized compartment is constituted for the allocation of the subsidy from the state budget. (3) The subsidies from the state budget granted to political parties have special affection status and are not subject to forced execution by attachment. + Article 24 (1) The granting of the subsidy from the state budget may be temporarily suspended, by decision of the Permanent Electoral Authority, for violation of the provisions provided in art. 3 3 para. ((8), art. 5 5 para. ((4), art. 13 13, art. 15 15 para. ((3), art. 16 16 para. ((1), art. 17 17 para. ((4), art. 25 25 para. ((1) and (2), art. 50 50 and art. 51 51 para. (2), until the legal requirements are met. (2) The Permanent Electoral Authority shall notify the political party in advance of the irregularities found and the deadline for their remediation. ((3) The term granted to political parties to remedy the irregularities found may not be more than 15 days. (4) The decision to temporarily suspend the granting of monthly instalments from the state budget can be challenged within 15 days from the communication, to the competent administrative court, which must rule within 15 days of the referral. The court ruling is final. (5) During the temporary suspension of the subsidy, it is kept by the Permanent Electoral Authority in amounts of mandate, until the final ruling of the court, which is not subject to reimbursement at the end of the year to the state budget. (6) Within 10 days from the written notification of the political party regarding the remediation of the irregularities found, the Permanent Electoral Authority shall rule on the lifting of the suspension of the monthly instalments. + Article 25 (1) Income from subsidies from the state budget may have the following destinations: a) material expenses for the maintenance and operation of premises; b) personnel expenses; c) expenses for the press and propaganda; d) expenditure on the organisation of activities of a political nature; e) travel expenses in the country and abroad; f) expenses for telecommunications; g) expenses with delegations from abroad; h) expenses related to contributions due to international political organizations to which the political party is affiliated; i) investments in movable and immovable property necessary for the activity of those parties j) protocol expenses; k) office expenses; l) expenses with bank fees; m) expenses with rents and utilities of the premises; n) maintenance and repair expenses; o) expenses with insurance premiums; p) transport costs; r) fuel and fuel costs. (2) It is forbidden to use income from subsidies from the state budget for any destinations other than those provided in par. ((1). (3) The efficiency and appropriateness of these expenses shall be determined by the governing bodies of political parties, according to their statute and legal provisions. + Article 26 (1) The central and local public administration authorities may provide spaces for the central and local headquarters of the political parties, as well as the related fields, at their reasoned request. (2) Political parties may receive at most one seat per administrative-territorial unit. (3) The rental by the local authorities of the premises for the headquarters of the political parties follows the legal regime provided for the rental of the premises. (4) Political parties that cease their activity as a result of the reorganization, self-dissolution or dissolution rendered by final judgments of the courts are obliged to hand over to the local public administration authorities, within for 30 days, the premises they have held with lease agreement concluded with them. The premises held in the property will be transmitted under the law. (5) Within 30 days, the Bucharest Court will communicate to the Ministry of Regional Development and Public Administration and to the Permanent Electoral Authority the cessation of the activity of the political party. (6) Within 15 days from the receipt of the communication, the Ministry of Regional Development and Public Administration will transmit the respective decisions to the prefect's institution in all counties and in Bucharest, in order to take over the premises rented by public authorities, by bailiffs, if they were not handed over within the legal deadline. + Article 27 The payment of all expenses related to telecommunications, electricity and heat, gas, water, canal, etc. of a party falls under its exclusive task and is made at the rate of premises with housing destination. + Chapter IV Financing during electoral campaigns + Section 1 Contributions for the electoral campaign + Article 28 (1) Until at the latest on the start of the electoral campaign, the political party, political alliance and independent candidates, through financial trustee, open a bank account at the level of each county, a bank account at the level of each sector of the Bucharest municipality or at the level of Bucharest, as the case may be, as well as a central bank account. (2) In the elections for the Chamber of Deputies and the Senate, the organizations of Romanian citizens belonging to national minorities, who propose candidates only at national level, open a central bank account. ((3) Contributions for the electoral campaign shall be submitted or transferred to the accounts provided in par. ((1) only by candidates or by the financial trustee, at their empowerment, starting with the date of submission of proposals for applications. ---------- Alin. ((3) of art. 28 28 has been amended by section 2 2 of art. unique from LAW no. 78 78 of 28 April 2016 , published in MONITORUL OFFICIAL no. 330 330 of 28 April 2016. (4) The funds obtained by the political party outside the electoral campaign that have been transferred to the central open campaign bank accounts must be declared to the Permanent Electoral Authority, by the financial trustee coordinator, within 5 days from the date of the transfer. (5) The financial contribution provided for in art. 17 17 para. (1) may not be subject to transfer to bank accounts for the electoral campaign. (6) The maximum limits of the contributions for the electoral campaign that may be submitted by the candidates or the financial trustee shall be as follows: a) 60 gross minimum basic salaries per country for each candidate for the position of deputy or senator; b) a minimum gross basic salary per country for each list of candidates to the local council of the commune; c) 3 gross minimum basic salaries per country for each list of candidates to the city council of the city; d) 5 gross minimum basic salaries per country for each list of candidates to the local council of the municipality; e) 30 gross minimum basic salaries per country for each list of candidates to the local council of the county seat municipality; f) 50 gross minimum basic salaries per country for each list of candidates for the sector council of the city of Bucharest; g) 500 gross minimum basic salaries per country for each list of candidates for the General Council of Bucharest Municipality; h) 100 gross minimum basic salaries per country for each list of candidates to the county council; i) 5 gross minimum basic salaries per country for each candidate for mayor of the commune; j) 7 gross minimum basic salaries per country for each candidate for mayor of the city; k) 10 gross minimum basic salaries per country for each candidate for mayor of the municipality; l) 50 gross minimum basic salaries per country for each candidate for mayor of the county seat; m) 100 gross minimum basic salaries per country for each candidate for mayor of Bucharest; n) 150 gross minimum basic salaries per country for each candidate for mayor of Bucharest; o) 750 gross minimum basic salaries per country for each candidate for the position of European parliamentarian; p) 20,000 gross minimum basic salaries per country for the candidate for President of Romania. (7) In case of local elections, the contributions provided in par. ((6), as well as the amounts transferred from the central level according to art. 30 30 para. (4) is cumulated at the level of the county electoral district and can be redistributed for expenses in local electoral districts, respectively in the county ones by decision of political parties, parties or organizations of citizens belonging to national minorities at the county level. (8) Contributions for electoral campaign that may be submitted by candidates or financial trustee may only come from donations received by candidates from individuals, from their own income or from loans from individuals or from individuals. contracted with credit institutions. (9) Within 48 hours from the date of deposit of an amount in one of the accounts provided in par. (1), the candidate has the obligation to hand over to the county financial trustee a statement indicating the source of the contribution (10) Contributions for the electoral campaign must be declared to the Permanent Electoral Authority by the financial trustee. ((11) Contributions for the electoral campaign may be used only after the date of their declaration to the Permanent Electoral Authority. ((12) Contributions for the electoral campaign may be deposited in the accounts provided in par. ((1) only until the end of the electoral campaign. ((13) Contributions for the electoral campaign that do not comply with the provisions of this article shall be confiscated and made to the state budget. (14) Banking accounts for the electoral campaign, provided in par. ((1) and (2) and in art. 3 3 para. (9), have the status of special condition and are not subject to execution. ---------- Alin. ((14) of art. 28 28 has been introduced by section 3 3 of art. unique from LAW no. 78 78 of 28 April 2016 , published in MONITORUL OFFICIAL no. 330 330 of 28 April 2016. + Article 29 Receipt of other electoral propaganda materials than those provided for in art. 15 15 para. (2) by political parties, political alliances, electoral alliances and independent candidates is prohibited. + Article 30 (1) At the central level, in addition to the contributions for the electoral campaign provided in art. 28, the political party can submit amounts representing contributions for the own electoral campaign in an open account at the central level, through the coordinating financial trustee. (2) The maximum limits of the contributions for the electoral campaign that may be submitted by the political party to the account provided in par. (1) are as follows: a) 10 gross minimum basic salaries per country for each candidate for the position of deputy or senator; b) 50 gross minimum basic salaries per country for each list of candidates to the county council and the General Council of Bucharest Municipality. ((3) Contributions for the electoral campaign that may be submitted by the political party may come only from transfers of funds from outside the electoral campaign. (4) The political party, through the coordinating financial trustee, can transfer money from the account opened at the central level to the accounts opened at county level, Bucharest municipality or at the level of its sectors, in compliance with the limits provided in art. 28 28 and in this Article. (5) The provisions of art. 28 28 para. ((9)-(13) shall apply accordingly to the contributions for the electoral campaign which may be submitted by the political party. ---------- Alin. ((5) of art. 30 30 has been amended by section 4 4 of art. unique from LAW no. 78 78 of 28 April 2016 , published in MONITORUL OFFICIAL no. 330 330 of 28 April 2016. (6) By way of derogation from the provisions of paragraph (1), in the case of the electoral campaign for the Chamber of Deputies and the Senate, amounts of money may also be submitted by candidates for the position of deputy and senator in the electoral district of Romanians residing or residing abroad. + Article 31 (1) No later than 5 days after the start of the referendum campaign, the political party, through financial trustee, opens a national bank account in the case of the national referendum or at the county level/of the city of Bucharest in case local referendum. ((2) Contributions to the referendum campaign that are submitted by the political party may only come from transfers of funds from outside the electoral campaign. (3) The maximum limits of the contributions for the referendum campaign are as follows: a) 5 gross minimum basic salaries per country for the referendum for the dismissal of the local council or the mayor of the commune; b) 7 gross minimum basic salaries per country for the referendum for the dismissal of the local council or the mayor of the city; c) 10 gross minimum basic salaries per country for the referendum for the dismissal of the local council or the mayor of the municipality; d) 30 gross minimum basic salaries per country for the referendum for the dismissal of the local council or the mayor of the county seat/district of Bucharest; e) 100 gross minimum basic salaries per country for the referendum for the dismissal of the General Council of Bucharest Municipality or of the general mayor of Bucharest; f) 100 gross minimum basic salaries per country for the referendum for the dismissal of the county council; g) 20,000 gross minimum basic salaries per country for the referendum for the dismissal of the President of Romania, for the referendum on issues of national interest or for the referendum to revise the Constitution. (4) The provisions of art. 28 28 para. ((9)-(13) shall apply accordingly to contributions to the referendum campaign. ---------- Alin. ((4) of art. 31 31 has been amended by section 5 5 of art. unique from LAW no. 78 78 of 28 April 2016 , published in MONITORUL OFFICIAL no. 330 330 of 28 April 2016. + Article 32 (1) It is forbidden to finance the electoral campaign, directly or indirectly, by individuals who do not have Romanian citizenship or by legal persons of a nationality other than the Romanian one, except for the financing by the citizens of the states members of the European Union who are domiciled in Romania and hold the status of member of the political party whose electoral campaign contributes financially. (2) The amounts thus received shall be confiscated and made to the state budget. + Article 33 (1) It is prohibited to finance in any way the electoral campaign of a party, an alliance of them or an independent candidate by a public authority, public institution, autonomous direction, national company, regulated company Law no. 31/1990 , republished, with subsequent amendments and completions, or credit institution, to which are majority shareholders the state or administrative-territorial units, or by companies regulated by Law no. 31/1990 , republished, with subsequent amendments and completions, which carry out activities financed by public funds. The prohibition applies to companies covered by Law no. 31/1990 , republished, with subsequent amendments and completions, which, 12 months before the start of the electoral campaign, carried out activities financed by public funds. (2) It is prohibited to finance in any way the electoral campaign of a political party, a political alliance, an electoral alliance, an organization of citizens belonging to national minorities and an independent candidate by trade unions, religious cults, associations or foundations of Romanian nationality or of nationality other than the Romanian one. ---------- Alin. ((2) of art. 33 33 has been amended by section 6 6 of art. unique from LAW no. 78 78 of 28 April 2016 , published in MONITORUL OFFICIAL no. 330 330 of 28 April 2016. (3) Amounts received in violation of par. ((1) and (2) shall be confiscated and made to the state budget. + Section 2 Financial trustee + Article 34 (1) The record of contributions and expenses for the electoral campaign belonging to political parties and independent candidates is organized exclusively by financial trustees. (2) The efficiency and appropriateness of expenses for the electoral campaign shall be decided by the governing bodies of political parties, according to their respective statutes, respectively by independent candidates. (3) The financial trustee shall be appointed by the management of political parties, political alliances, organizations of Romanian citizens belonging to national minorities or by independent candidates. (4) A political party, a political alliance or an organization of citizens belonging to national minorities will have only one central coordinating financial trustee, namely one financial trustee designated at the level of each county, sector of Bucharest and at the level of Bucharest. (. The coordinating financial trustee shall have the following tasks: a) ensure the bookkeeping of financial operations, at national level, in the case of elections for the position of President of Romania, of the elections for the representatives of Romania in the European Parliament and b) supervise the activity of the other financial trustees of the political party and centralize their records; c) ensure the bookkeeping of financial operations, carried out by the accounts provided 30 in case of local and parliamentary elections; d) represents the political party in relation to the Permanent Electoral Authority; e) transmit to the Permanent Electoral Authority the documents and reports provided by this law, in writing and in electronic format; f) ensures the record of financial operations for the electoral district of Romanians residing or residing abroad, in the case of elections for the Chamber of Deputies and the Senate; g) submit to the Permanent Electoral Authority the request for reimbursement of expenses related to the electoral campaign, the list of candidates to be made restitution of the contributions collected for the electoral campaign, targeted by the management political party at the county or central level, as appropriate. (6) The financial mandate designated at the county level, at the level of Bucharest municipality or at the level of the Bucharest municipality sector a) organize the records of financial operations carried out in the electoral campaign and verify their legality, at the level at which it was designated; b) properly performs the tasks of the coordinating financial trustee, in the case of independent candidates and citizens ' organizations belonging to national minorities that propose applications only at national level. (7) The financial mandate shall be jointly and severally liable to the political party that designated it by the legality of the financial operations carried out during the electoral campaign and by the observance of 28-33. (8) Only natural persons who have the status of an authorized accounting or accounting expert, i.e. only legal entities offering specialized accounting services, can be designated as financial trustees. (9) Political parties, political alliances and independent candidates who have appointed financial trustees who do not have the status of an authorized accounting or accounting expert are required to conclude a specialized assistance contract with individuals authorized or legal persons, specialized in offering accounting services. (10) The Permanent Electoral Authority may request, if necessary, additional documents or explanations of financial trustees. (11) Several parties may not use the services of the same trustee, unless the parties are part of the same political or electoral alliance. (12) The quality of financial trustee shall be acquired only after the official registration with the Permanent Electoral Authority, on the basis of the power of the political party and its acceptance. The registration of the financial trustee is carried out in the interval between the moment of public knowledge of the election date and the start of the electoral campaign, being made public in the press or on the party's website (13) On the official registration date, the financial trustee receives from the Permanent Electoral Authority a unique identification code of the political party or independent candidate that will be printed on all electoral propaganda materials belonging to the political party or independent candidate it represents. ((14) Candidates may not be financial trustees. + Article 34 ^ 1 The tasks of financial trustees may be carried out on the basis of a contract free of charge or for consideration, as appropriate. ---------- Art. 34 ^ 1 was introduced by item 7 7 of art. unique from LAW no. 78 78 of 28 April 2016 , published in MONITORUL OFFICIAL no. 330 330 of 28 April 2016. + Article 34 ^ 2 Financial trustees registered with the Permanent Electoral Authority can be replaced at any time by political parties, political alliances, citizens ' organizations belonging to national minorities and independent candidates who have designated them, with the proper application of art. 34. ---------- Art. 34 ^ 2 was introduced by item 7 7 of art. unique from LAW no. 78 78 of 28 April 2016 , published in MONITORUL OFFICIAL no. 330 330 of 28 April 2016. + Article 35 The expenses related to the organization and conduct of electoral operations shall be borne from the state budget or, as the case may be, from the local or county budgets, according to the provisions of + Article 36 (1) In the electoral campaign, candidates, political parties, political alliances, electoral alliances, citizens ' organizations belonging to national minorities, as well as citizens with the right to vote have the right to express their opinions freely and without no discrimination, through rallies, meetings, direct communication with voters, use of television, radio, written media, electronic means and other media. (2) Only the following types of electoral propaganda materials may be used in the electoral campaign: a) electoral posters with dimensions of no more than 500 mm one side and 350 mm the other side; the electoral posters calling an electoral meeting will have 400 mm one side and 250 mm the other side and will be placed in the special places for display; b) audio or video electoral propaganda material, broadcast by audiovisual media; c) advertising in the written press; d) online electoral propaganda materials; e) brochures, leaflets and other printed matter. (3) Parties and political alliances, as well as independent candidates, shall be required to print on all electoral propaganda materials the following data: a) the name of the independent candidate, the name of the political party or political alliance that ordered them, as appropriate; b) the name of the economic operator who has made them; c) the unique identification code provided for in art. 34 34 para. ((13); d) circulation, where applicable. ((4) The expenses related to the realization of electoral propaganda materials shall be borne exclusively by their beneficiaries-independent candidates, political parties or political alliances. (5) The production and dissemination of electoral propaganda materials under conditions other than those provided for by this Law shall be prohibited. (6) The parties and political alliances, as well as independent candidates, are obliged to declare to the Permanent Electoral Authority, through financial trustee, the number of electoral propaganda materials produced and used, broken down by category, in the days from the date of the election or the referendum. (7) Any written material, audio or video, which meets the following conditions shall be considered as electoral propaganda material: a) directly refers to a candidate or political party participating in elections or referendum, clearly identified; b) is used during the electoral campaign, established according to the laws regarding the organization of elections; c) has an electoral objective and addresses the general public; d) exceeds the limits of journalistic activity of informing the public. + Section 3 Maximum expenditure limits + Article 37 The maximum limits of the expenses that can be made in the electoral campaign or for the referendum in a national electoral district or in a county electoral district/of the city of Bucharest/external, as the case may be, must be within the maximum limits of the contributions for the electoral campaign or for the referendum, provided in art. 28-31 for the respective electoral district. + Article 38 (1) The expenses related to the electoral campaign may be made only through the accounts provided in art. 28 28 and 30. (2) Contributions for the electoral campaign may have only the following destinations: a) expenses for the production and dissemination of electoral propaganda materials on radio, television and in the written press of a maximum of 40% of the total expenses that may be made in the electoral campaign; b) expenses for the production and dissemination of online electoral propaganda materials, in the amount of maximum 30% of the total expenses that can be made in the electoral campaign; c) expenses for sociological research, in the amount of maximum 30% of the total expenses that can be made in the electoral campaign; d) expenses for electoral posters, in the amount of maximum 20% of the total expenses that can be made in the electoral campaign; e) expenses for brochures, leaflets and other printed electoral propaganda materials, in the amount of maximum 50% of the total expenses that can be made in the electoral campaign; f) expenses for the rental of premises and equipment and protocol expenses for the organization of political, economic, cultural or social events, for transport and accommodation, for legal assistance and other types of consultancy, as well as for the payment of the services of financial trustees, in the amount of maximum 30% of the total expenses that can be made in the electoral campaign; g) expenses for bank fees. (3) The provisions of par. ((1) and (2) shall apply accordingly to the referendum campaign. (4) The amounts of money received from candidates proposed for elections by a political party shall be considered donations and shall be duly applied to the provisions of this law. (5) The provisions of this Law do not apply to deposits constituted for the submission of applications for the position of deputy or senator, provided for in art. 29 29 para. ((5)-(7) of Law no. 35/2008 to elect the Chamber of Deputies and the Senate and to amend and supplement Law no. 67/2004 for the election of local public administration authorities, Local public administration law no. 215/2001 and a Law no. 393/2004 on the Statute of local elected officials, with subsequent amendments and completions. + Article 39 (1) Within 15 days from the date of elections, political parties, political alliances and independent candidates shall submit to the Permanent Electoral Authority a declaration on compliance with the ceilings provided in art. 37. ((2) Amounts exceeding the ceilings provided for in art. 37 are made income to the state budget. + Article 40 When a candidate is proposed for several positions in an electoral campaign, the maximum limit of expenses that can be made is set at the highest value, according to art. 37. + Article 41 The incomes and expenses of electoral alliances are collected, respectively, only by political parties, political alliances or organizations of citizens belonging to national minorities who compose them. + Article 41 ^ 1 In the case of the electoral campaign for a new round of elections in the same electoral process, the limits of electoral contributions and electoral expenditures are reduced by half. ---------- Art. 41 ^ 1 was introduced by item 1. 8 8 of art. unique from LAW no. 78 78 of 28 April 2016 , published in MONITORUL OFFICIAL no. 330 330 of 28 April 2016. + Chapter V Control of funding of political parties and electoral campaigns + Article 42 (1) The Permanent Electoral Authority is empowered to control compliance with the legal provisions on the incomes and expenditures of political parties, political or electoral alliances, independent candidates, as well as legality campaign finance. (2) The control of subsidies from the state budget will be carried out simultaneously by the Court of Auditors, according to the provisions of Law no. 94/1992 on the organisation and functioning of the Court of Auditors, (3) Within the Permanent Electoral Authority shall be established, within 60 days from the date of entry into force of this Law, the Department of Control of the financing of political parties and electoral campaigns, by supplementing the scheme of existing staff. (4) The staff of the Permanent Electoral Authority shall benefit from an increase in labor complexity of 30%, applied to the monthly gross basic salary. Provisions art. 22 22 para. ((1) of the Framework Law no. 284/2010 on the unitary pay of personnel paid from public funds, with subsequent amendments and completions, does not apply to the Permanent Electoral Authority. (5) The documents and information that the Permanent Electoral Authority may request may be related exclusively to the activities of political parties that concern the obtaining of income and the realization of expenses. (6) He may be appointed Director General of the Department of Control of the financing of political parties and electoral campaigns any person who cumulatively meets the following conditions: a) may occupy a function, under the conditions laid down in art. 12 12 para. ((1) lit. a)-h) of Law no. 7/2006 on the status of the parliamentary civil servant, republished, with subsequent amendments and completions; b) has higher 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 contest for filling the position provided in par. (5) is organized by a special commission, consisting of 7 members, appointed within 30 days from the entry into force of this law, by order of the President of the Permanent Electoral Authority, made up of teachers with economic training or legal. (8) The Commission referred to in paragraph (7) will establish the competition regulation and will designate the winning candidate of the contest, who will be appointed by the chairman of the Permanent Electoral Authority, within 15 days of the designation. (9) The Director General of the Department for the control of the financing of political parties and electoral campaigns has the following exclusive duties a) organize the activity of controlling the financing of political parties; b) coordinate the activity of subordinate personnel; c) proposes to the President of the Permanent Electoral Authority the application of sanctions provided by this law + Article 43 (1) In order to verify the legality of the income and expenses of political parties, the Permanent Electoral Authority may request documents and information from the natural and legal persons who provided services, free of charge or against the cost of parties political as well as from any public institution. (2) The natural and legal persons referred to in par. (1) have the obligation to provide the representatives of the Permanent Electoral Authority with the documents and information requested. (3) Political parties have the obligation to allow access to the control bodies of the Permanent Electoral Authority in their premises. (4) Political parties and persons referred to in par. (1) have the obligation to submit to the Permanent Electoral Authority all the documents and information requested no later than 15 days from the date of the request. + Article 44 (1) Annually and whenever it is noticed, the Permanent Electoral Authority shall verify for each party compliance with the legal provisions regarding the incomes and expenses of political parties. (2) The Permanent Electoral Authority may be notified by any person presenting evidence of non-compliance with the legal provisions regarding the financing of political parties and electoral campaigns. (3) The annual report shall be published in the Official Gazette of Romania, Part I, and on the website of the Permanent Electoral Authority, until April 30 of the following year. (4) The Permanent Electoral Authority can control compliance with the legal provisions regarding the financing of political parties and electoral campaigns and when there are suspicions of violation of legal provisions regarding financing political parties and electoral campaigns, to the referral of any interested persons or ex officio. (5) If within the control carried out by the Permanent Electoral Authority on compliance with the legal provisions regarding the financing of political parties and electoral campaigns there are suspicions regarding the commission of facts of a criminal nature, the Permanent Electoral Authority notifies the prosecution bodies. (6) The results of each control carried out shall be published in the Official Gazette of Romania, Part I, and on the website of the Permanent Electoral Authority, within 45 days of the performance. + Article 45 (1) The annual financial statements prepared by the political parties receiving subsidies from the state budget shall be subject to the statutory audit, which shall be carried out by the statutory auditors, authorized natural or legal persons, under the law. ((2) In no more than 60 days from the date of the audit, the political parties provided in par. (1) transmit to the Permanent Electoral Authority a copy of the audit report. + Article 46 Public authorities have the obligation to support the Permanent Electoral Authority in carrying out the control of political party funding. + Article 47 (1) Within 15 days from the date of the elections, the coordinating financial trustees shall submit to the Permanent Electoral Authority the detailed reports of the electoral revenues and expenditures of the political parties, political alliances, electoral alliances, organizations of Romanian citizens belonging to national minorities and independent candidates, as well as the amount of debts registered as a result of the campaign, accompanied by the statements provided in art. 28 28 para. ((9). (2) The Permanent Electoral Authority shall ensure the public knowledge of the list of political parties, political alliances, electoral alliances, organizations of Romanian citizens belonging to national minorities and independent candidates who have submitted detailed reports of electoral revenues and expenses, as they are submitted, through successive publications in the Official Gazette of Romania, Part I. (3) The reports provided in par. (1) and (2), as well as the amount of debts registered as a result of the electoral campaign shall be published by the Permanent Electoral Authority in the Official Gazette of Romania, Part I, within 60 days of the publication of the election result. (4) If at the time of submission of the detailed income and electoral expenses report, independent candidates or political parties register debts, they are required to report quarterly to the Permanent Electoral Authority the stage of payment of debts registered in the electoral campaign until the date of their full payment. (5) Candidates declared elected shall not be able to validate their mandates if the detailed report of electoral income and expenditures for each political party or independent candidate has not been filed under the law. + Article 48 (1) Not later than 90 days from the date of elections for the Chamber of Deputies and the Senate, the Permanent Electoral Authority shall reimburse political parties, political alliances and organizations of citizens belonging to national minorities, on the basis of supporting documents provided by the financial trustee no later than 30 days from the date of the election, the amounts of expenditure incurred in all electoral districts, as well as those carried out centrally, where the party political, political alliance, electoral alliance or organization of citizens belonging to National minorities have obtained a minimum of 3% of the valid votes cast at national level, for each of the two Houses of Parliament. (2) If the political party, the political alliance, the organization of citizens belonging to national minorities participating in the elections for the Chamber of Deputies or the Senate has not obtained a minimum of 3% of the valid votes cast at the level The Permanent Electoral Authority shall reimburse them, on the basis of supporting documents provided by the financial trustee, only the amounts related to the expenses incurred at the level of the electoral district in which it obtained a minimum of of the valid votes cast. ((3) Not later than 90 days from the date of elections for the European Parliament and the President of Romania, the Permanent Electoral Authority shall reimburse political parties, political alliances, organizations of citizens belonging to national minorities, respectively independent candidates, based on the supporting documents provided by the financial trustee no later than 30 days from the date of the elections, the amounts related to the expenses incurred at national level if the political party, alliance politics, electoral alliance, organization of citizens belonging national minorities, respectively the independent candidate has obtained at least 3% of the valid votes cast at national level. (4) Within 90 days from the date of the local elections, the Permanent Electoral Authority shall reimburse political parties, political alliances, organizations of citizens belonging to national minorities on the basis of supporting documents provided by financial trustee no later than 30 days from the date of elections the amounts related to expenses incurred in all electoral districts, as well as those carried out centrally, if the political party, political alliance, alliance electoral or organization of citizens belonging to national minorities obtained at least 3% of the valid votes cast by cumulating the votes cast for all local and sector councils of the city of Bucharest, the county councils, the General Council of Bucharest Municipality, as well as all the applications of mayor, respectively general mayor of Bucharest. (5) If the political party, the political alliance, the organization of citizens belonging to national minorities participating in the local elections has not obtained a minimum of 3% of the valid votes cast provided in par. (4) at national level, the Permanent Electoral Authority shall reimburse them, on the basis of supporting documents provided by the financial trustee, only the amounts related to the expenses incurred at the level of the county electoral district, sector or of the city of Bucharest, in which it obtained a minimum of 3% of the respective votes, as the case ((6) The amounts spent additionally, at the central level, by the political party, the political alliance and the organization of citizens belonging to national minorities shall be reimbursed only if they have obtained a minimum of 3% of the valid votes expressed at national level. (7) No later than 90 days after the election date for the Chamber of Deputies and the Senate, the Permanent Electoral Authority shall reimburse independent candidates, on the basis of supporting documents provided by the financial trustee no later than 30 days after the date of the elections, the amounts related to the campaign expenses, if they obtained a minimum of 3% of the valid votes cast at the level of the electoral district (8) In the case of local elections, the expenses incurred in an electoral district by an independent candidate shall be reimbursed only if he has obtained a minimum of 3% of the valid votes cast for the office in which he ran. (9) In no more than 90 days from the date of elections for the Chamber of Deputies, the Permanent Electoral Authority shall reimburse the amounts related to the campaign expenses of the citizens belonging to the national minorities who obtained a mandate of Deputy, at national level, on the basis of supporting documents provided by the financial trustee no later than 30 days after the election date. (10) Political parties, through financial trustees, have the obligation to return to candidates, within 120 days from the date of elections, the amounts reimbursed and/or unspent amounts according to the contributions they have made. ((11) The amounts spent on the electoral campaign shall not be reimbursed in the following situations: a) in case of exceeding the ceilings established according to art. 37 37; b) in case of use for the electoral campaign of other sources of financing than those provided by this law; c) in case of use of contributions for electoral campaign in violation of art. 38 38 para. ((2). (12) The reimbursement of the amounts related to the expenses incurred in the electoral districts, as well as those carried out at the central level, provided in (1)-(9), shall be carried out for the amounts validated by the Permanent Electoral Authority, within the limits of the ceilings provided in art. 37 and the provisions of par. ((11). ---------- Alin. ((12) of art. 48 48 has been introduced by section 9 9 of art. unique from LAW no. 78 78 of 28 April 2016 , published in MONITORUL OFFICIAL no. 330 330 of 28 April 2016. + Article 49 (1) Annually, until April 30, political parties have the obligation to submit to the Permanent Electoral Authority a detailed report of the revenues and expenses made in the previous year. (2) The reports provided in par. (1) will also include details of the revenues and expenses of the internal structures of the political parties provided for in art. 4 4 para. (4) of the Law on Political Parties no. 14/2003 , republished, of the incomes and expenses of persons in direct or indirect connection with the political party, as well as of the forms of association provided for in art. 17 17 of this law. (3) Political parties have the obligation to submit to the Permanent Electoral Authority annual financial statements no later than 15 days after registration with the competent fiscal body. (4) The Permanent Electoral Authority will publish on its own website the reports provided in par. (1), the annual financial statements, as well as their summaries, within 5 days from the date of their submission. (5) The accounting of political parties shall be organized and conducted, at national and county level, according to the provisions of Accounting Law no. 82/1991 , republished, with subsequent amendments and completions. + Article 50 (1) In order to verify the legality of receipts and payments made by political parties and independent candidates in the electoral campaign, the Permanent Electoral Authority may request the additional statements and documents that it considers necessary. (2) Political parties and independent candidates have the obligation to present within 15 days to the representatives of the Permanent Electoral Authority the requested documents, according to par. ((1). (3) If irregularities are found, the sanctions provided for by this law will be applied. (4) The organizations of citizens belonging to national minorities participating in elections shall be subject to the control of the Permanent Electoral Authority only with regard to the electoral period and only in relation to it. + Article 51 (1) The Permanent Electoral Authority has the obligation to publish on its own website all mandatory reports to be published in the Official Gazette of Romania, Part I, according to art. 5 5 para. ((4), art. 13 13 para. ((1) and (2), art. 15 15 para. ((3), art. 16 16 para. ((3), art. 17 17 para. ((4) and art. 47 47 para. (3), as well as the statements provided in art. 28. (2) Political parties have the obligation to provide in electronic format the data provided in par. ((1). + Chapter VI Sanctions + Article 52 (1) It constitutes contraventions, if not committed under such conditions as to be considered, according to the criminal law, crimes, and is sanctioned with a fine of 10,000 lei to 25,000 lei violation of the provisions provided in art. 5 5 para. ((3)-(5), art. 6 6, 7, art. 8 8 para. ((1), (2) and (4), art. 9 9, 10, 11, 12, 13, art. 14 14 para. ((2) and (3), art. 15 15 para. ((1) and (3), art. 16 16 para. ((1) and (3), art. 17 17 para. ((1), (2) and (4), art. 31 31, art. 32 32 para. ((1), art. 33 33 para. ((1) and (2), art. 34 34 para. ((5), (6), (8), (9), (11), (12) and (14), art. 36 36 para. ((2)-(4) and (6), art. 39 39 para. ((1), art. 47 47 para. ((4), art. 51 51 para. ((2) and art. 60 60 para. ((3). ---------- Alin. ((1) of art. 52 52 has been amended by section 10 10 of art. unique from LAW no. 78 78 of 28 April 2016 , published in MONITORUL OFFICIAL no. 330 330 of 28 April 2016. (2) It constitutes contraventions, if not committed under such conditions as to be considered, according to the criminal law, crimes, and is sanctioned with a fine of 15,000 lei to 50,000 lei violation of the provisions provided in art. 3 3 para. ((2)-(4) and (6)-(10), art. 25 25 para. ((2), art. 28, 29, 30, 37, 38, art. 43 43 para. ((2)-(4), art. 45 45, art. 47 47 para. ((1), (2) and (5), art. 49 49 para. ((1)-(3) and (5) and art. 50 50 para. ((2). ---------- Alin. ((2) of art. 52 52 has been amended by section 10 10 of art. unique from LAW no. 78 78 of 28 April 2016 , published in MONITORUL OFFICIAL no. 330 330 of 28 April 2016. (3) It constitutes contravention, if not committed under such conditions as to be considered, according to the criminal law, crimes, and is sanctioned with a fine of 100,000 lei to 200,000 lei violation of the provisions provided in art. 8 8 para. ((3). (4) Sanctions may apply, as the case may be, to the political party, political alliance, organization of citizens belonging to national minorities, independent candidate, financial trustee and/or donor, as well as other persons who have violated the provisions referred to in paragraph ((1)-(3). ---------- Alin. ((4) of art. 52 52 has been amended by section 10 10 of art. unique from LAW no. 78 78 of 28 April 2016 , published in MONITORUL OFFICIAL no. 330 330 of 28 April 2016. (5) The application of sanctions provided in par. ((1)-(3) shall be prescribed within 3 years from the date of the commission of the facts. (6) In case of continuous contraventions the term provided in par. (5) flows from the date of termination of the act. + Article 53 (1) In the situations provided in art. 52 52 para. (1)-(3), the offender flows to the state budget the amounts of money and/or the cash value of the goods and services that were the object of the contravention, based on the decision of the Permanent Electoral Authority. (2) In the same way, the donations accepted by a political party being dissolved or by a political party acting on the basis of the modified status are made to the state budget, although the amendments were not communicated to the Bucharest Tribunal, according to legal provisions, or the court rejected the application for consent to the amendment of the statute. + Article 54 (1) Contraventions provided in art. 52 is found by the representatives of the Permanent Electoral Authority, and the sanction is applied by decision of the Permanent Electoral Authority. (2) The decision of the Permanent Electoral Authority may be appealed to the competent court, under the law. + Article 55 Provisions art. 52 and 54 are completed with the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 56 (1) Within 30 days from the date of final stay of the judgment rendered on the minutes of finding the contravention or, as the case may be, from the expiry of the deadline for contesting the minutes of finding The amounts equivalent to the unpaid fines may be deducted from the monthly instalments to be paid as public funding, with the proper application of the procedure for enforcement by attachment, provided by Government Ordinance no. 92/2003 on the Fiscal Procedure Code, republished, with subsequent amendments and completions. (2) The Ministry of Public Finance, through its authorized bodies, informs the Permanent Electoral Authority about non-payment within the period provided in par. (1) of fines imposed by the Permanent Electoral Authority. + Article 57 (1) If, by final court decision, one or more declared candidates of a political party have been convicted of a crime in connection with the financing of the political party or, as the case may be, of the electoral campaign, they become incompatible with the status of a parliamentarian or a local elected office for the term of office, which is cancelled. (2) *) By decisions of the Houses of Parliament or, as the case may be, of the county or local council, the state of incompatibility is found, and the seats of deputies, senators or councillors become vacant will be occupied by the alternates on the list that political party. ((3) *) (1) and (2) shall also apply to political alliances, electoral alliances and independent candidates, in this case the place become vacant to be occupied by the alternate on the list of political party or electoral alliance that has obtained the highest number of valid votes cast. + Article 58 *) Through the regulations of the Houses of Parliament, as well as through the regulations of the county and local councils, the procedure for the application of the measures provided 57. Note
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* *) See Law no. 35/2008 to elect the Chamber of Deputies and the Senate and to amend and supplement Law no. 67/2004 for the election of local public administration authorities, Local public administration law no. 215/2001 and a Law no. 393/2004 on the Statute of local elected officials, published in the Official Gazette of Romania, Part I, no. 196 196 of 13 March 2008, with subsequent amendments and completions.
---------- + Chapter VII Transitional and final provisions + Article 59 (1) The provisions of this Law shall apply accordingly to the organizations of citizens belonging to national minorities who have obtained mandates in elections or who propose candidates. (2) Organizations of citizens belonging to national minorities who have obtained a single mandate of deputy, under the electoral law, respectively one term of councillor in an electoral district, shall be applied only to the legal provisions on campaign finance. (3) The provisions of this Law shall apply accordingly to independent candidates. + Article 60 (1) The Permanent Electoral Authority shall keep a fiscal register of political parties in which the following will be passed: a) the names and surnames, personal numerical codes, domiciles and contact details of persons responsible for the administration of political party funds, at national and county level; b) addresses of the headquarters, territorial organizations and internal structures of the political parties provided for in art. 4 4 para. ((4) of Law no. 14/2003 , republished; c) surname and surname, personal numerical codes, domicile and contact details of persons entitled to represent political parties at central and county level; d) data relating to the financial activity of political parties; e) sanctions applied. (2) The Permanent Electoral Authority shall keep a fiscal register of independent candidates in which the names and surnames, personal numerical codes, domiciles and their contact details will be listed, the data relating to the activity financial activities carried out in electoral campaigns and sanctions. (3) Political parties have the obligation to bring to the attention of the Permanent Electoral Authority any modification of the data provided in par. (1), no later than 45 days after the date of their production. + Article 61 Personal data processed by the Permanent Electoral Authority are protected by the special law and may not be used for purposes other than those provided for by it. + Article 62 By decision of the permanent offices of the two Houses of Parliament, the new organizational structure of the Permanent Electoral Authority is approved, in order to ensure the functioning of the Department of control of the financing of political parties and the electoral campaigns and the specialized compartment for the allocation of the subsidy from the state budget. + Article 63 (1) Within 90 days from the entry into force of this Law * *) shall be elaborated and subject to approval, by Government decision, at the proposal of the Permanent Electoral Authority, the methodological norms for the application of the provisions of this law. Note
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** **) The 90-day period begins to run from the date of entry into force of Law no. 113/2015 , according to art. II of the same law.
---------- (2) The methodological norms shall govern: a) the modalities and format of registration, record and advertising of donations, contributions, loans and own income, as well as the expenses of political parties; b) the granting and use of subsidies from the state budget; c) the specific modalities and format of registration, record and advertising of incomes and expenses in the electoral campaign; d) registration and duties of the financial trustee e) procedure and methodology of control; f) the categories of supporting documents and the methodology for reimbursement of amounts spent on the electoral campaign. + Article 64 ((1) This Law shall enter into force 30 days after its publication in the Official Gazette of Romania, Part I, except for the following provisions, which shall enter into force on 1 July 2007, relating to: a) granting subsidies from the state budget; b) Permanent Electoral Authority, except art. 42 42 para. ((3) and (5)-(9) *). Note
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*) Previous to the republic, art. 42 42 para. ((3) and (5)-(9) was art. 35 35 para. ((3)-(8).
---------- (2) On the date of entry into force of this Law, Law no. 43/2003 on the financing of the activity of political parties and electoral campaigns, published in the Official Gazette of Romania, Part I, no. 54 of 30 January 2003, as amended, shall be repealed, with the exception of provisions relating to the granting of grants from the State budget and to the Court of Auditors, which shall be repealed on 1 July 2007. NOTE: We reproduce below the provisions art. II and III of Law no. 113/2015 to amend and supplement Law no. 334/2006 on the financing of the activity of political parties and electoral campaigns, not incorporated in the republished form of Law no. 334/2006 and which shall continue to apply as its own provisions: "" Art. II. --The deadline provided for art. 52 52 *) para. ((1) of Law no. 334/2006 , republished, with subsequent amendments and completions, as well as with those brought by this law, begins to run from the date of entry into force of this law. Art. III. -Within 60 days from the date of entry into force of this Law, political parties shall be required to provide the Permanent Electoral Authority with the data provided for in art. 49 49 * **) para. ((1) of Law no. 334/2006 , republished, with subsequent amendments and completions, as well as with those brought by this law. " Note
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**) Article 52 has become, by renumbering, art. 63.
***) Art. 49 has become, by renumbering, art. 60.
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Law No. 334 Of 17 July 2006 (Republished) On The Financing Of The Activity Of Political Parties And Election Campaigns)

Original Language Title: LEGE nr. 334 din 17 iulie 2006 (*republicată*) privind finanţarea activităţii partidelor politice şi a campaniilor electorale*)

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Original Language Title: LEGE nr. 334 din 17 iulie 2006 (republicată) privind finanţarea activităţii partidelor politice şi a campaniilor electorale*)