JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Organic Law:

Article 6 of the 1978 Constitution sets up political parties as fundamental instruments for political participation. There is thus an express recognition in our fundamental norm of the relevance of the same, as they are the expression of pluralism, and they contribute to the formation and manifestation of the popular will. In spite of this, there is no uniform and complete regulation in our legal system of such an important aspect for the normal functioning of political parties as is their funding.

The current legislation covers only isolated and fragmentary aspects without regulating, in general, the economic resources of all kinds of political parties, nor containing the rules that guarantee regularity and transparency. of its economic activity. This Law has as its fundamental objective the establishment of the basic regulatory framework that disciplines, according to principles of sufficiency and publicity, such activity.

To do this, and first of all, the sources of financing, both public and private, are regulated, establishing an annual, unconditioned, state grant to meet the costs of regular operation, which must be used as a support for the independence of the parties. Such a grant is without prejudice to those laid down in specific regulations, in particular by electoral expenses and grants to the Parliamentary Groups of the General Courts.

As regards private financing, the general rule is that the financial contributions to the political parties should be lawful, with the necessary limitations arising from the principles of advertising and independence, special in relation to anonymous contributions.

With respect to accounting obligations, the Law establishes the need to keep detailed records, an obligation that will permit to know at all times the financial situation of the parties and the fulfillment of the obligations that they are required to do so, without prejudice to the non-public nature of political party affiliation.

Finally, the Law establishes a rigorous control system, both internal and external, in charge of the latter of the Court of Auditors, which guarantees the regularity, transparency and publicity of the economic activity of the parties. politicians.

TITLE FIRST

General rules

Item one.

The financing of political parties will be in accordance with the provisions of this Law.

Item two.

The economic resources of the political parties will be constituted by:

1. Resources from public funding:

(a) Public subsidies for electoral expenses, as provided for in Organic Law 5/1985, of General Electoral Regime.

b) State subsidies to the Parliamentary Groups of the Chambers of the Courts of the General Courts, as provided for in the Regulations of the Congress of Deputies and the Senate, and the grants to the Parliamentary Groups of the Autonomous Assemblies, as established by its own rules.

(c) The annual state grants regulated in this Law.

2. Resources from private finance:

(a) The contributions and contributions of its affiliates.

b) The products of the political party's own activities and returns from its own heritage.

c) Revenue from other contributions in the terms and conditions provided for in this Law.

d) The credits that you have.

e) The inheritances or legacies they receive, and, in general, any benefit in money or species they obtain.

TITLE II

Funding sources

CHAPTER FIRST

Public financing

Article three.

One. The State shall grant the political parties with representation in the Congress of Deputies in accordance with the provisions of the Organic Law 5/1985, of General Electoral Regime, annual non-conditional grants, with the responsibility of the General Budget. of the State, in order to meet its regular operating costs.

Two. These grants will be distributed according to the number of seats and votes obtained by each political party in the last elections to the indicated House.

For the allocation of the indicated grants, the corresponding budgetary consignment shall be divided into three equal amounts. One of them will be distributed in proportion to the number of seats won by each political party in the last elections to the Congress of Deputies, and the remaining two proportionally to all the votes obtained for each party in the elections. elections. The votes obtained shall not be counted in those constituencies where the 3 per 100 of the valid votes, as required by Article 163 (1) (a) of the Organic Law 5/1985 of 19 June of the General Electoral Regime, has not been reached.

Three. The grants referred to in the preceding numbers shall be incompatible with any other financial or economic aid included in the General Budget of the State, except those referred to in paragraphs (a) and (b) of Article 1 (1). two of this Law.

CHAPTER II

Private financing

Article four.

One. Political parties may receive non-finalist contributions within the limits and in accordance with the requirements and conditions set out in this Law.

Two. Contributions from legal persons shall require an agreement in due form by the competent social body to that effect.

Three. However, the parties may not accept or receive, directly or indirectly:

(a) Anonymous contributions, where the total amount of those received in an annual economic year exceeds 5 per 100 of the amount allocated in the General Budget of the State in that financial year to meet the subsidy public to the political parties provided for in the previous article.

(b) Contributions from the same natural or legal person, exceeding the amount of 10,000,000 pesetas per year.

(c) Contributions from public undertakings or undertakings which, through current contracts, provide services or perform works or supplies for any public administration.

Article five.

One. Political parties may receive non-finalist contributions from foreign persons with the limits, requirements and conditions laid down in this Law, and provided that the requirements of the current regulations are also met. on control of changes and movement of capital.

Two. However, the parties may not accept any form of financing by foreign governments and public bodies, without prejudice to the operating grants established by the European Parliament.

Article six.

The amount of the contributions referred to in Articles 4 and 5 shall be paid exclusively to credit institution accounts, the sole revenue of which shall be those accruing from them.

Item seven.

Non-compliance by political parties with the prohibitions set out in Articles four and five, two, shall be punishable by a fine equivalent to twice the amount of the illegal contribution accepted.

Article eight.

May only be committed by the political parties up to 25 per 100 of the revenue from the public financing referred to in Article 2 (b) and (c) 1 for the payment of annuities of amortization of credit operations.

TITLE III

Accounting Obligations

Article nine.

One. The political parties shall keep detailed accounting records, which allow at all times to know their financial situation and the fulfilment of the obligations laid down in this Law.

Two. The books of Treasury, Inventories and Balances shall contain, in accordance with the principles of General Accounting accepted:

a) The annual inventory of all goods.

(b) The revenue account, with at least the following categories of income:

1. The overall amount of the contributions and contributions of its members.

2. Returns from your own estate.

3. Revenue from the contributions referred to in Articles 4 and 5 of this Law.

4. State grants.

5. Returns from party activities.

(c) The expense account, with at least the following categories of expenditure:

1. Staff costs.

2. Acquisition costs of goods and services (current).

3. Financial expenses for loans.

4. Other administrative expenses.

5. Expenses of the party's own activities.

d) Capital operations, relating to:

1. Credits.

2. Investments.

3. Debtors and creditors.

TITLE IV

Audit and control

Article ten.

Political parties should provide for an internal control system to ensure adequate intervention and accounting of all acts and documents resulting from rights and obligations of economic content, in accordance with its statutes.

Article 11.

One. The external audit of the economic and financial activity of the political parties shall be exclusively the responsibility of the Court of Auditors.

Two. The political parties which receive the State subsidy provided for in Article 3 shall submit to the Court of Auditors, within six months of the end of each financial year, a detailed and documented accounting of their respective revenue and expenditure. The Court of Auditors may also require political parties to submit a list of the contributions referred to in Articles 4 and 5, which shall contain the amount of each of them and, in the case of the their case, the names and addresses of the people who have made them.

Three. The Court of Auditors shall, within eight months of receipt of the documents referred to in the preceding number, decide on the regularity and adequacy of the provisions of this Law, requiring, where appropriate, the responsibilities which the Court of Auditors may be deducted from its non-compliance.

FINAL DISPOSITION

One. This Law shall enter into force on the day following that of its publication, except as regards annual State subsidies for expenditure on the ordinary functioning of the parties under the General Budget of the State, since 1 January 1987 the distribution procedure laid down in Article three, two, of this Law.

Two. The provisions of this Law are repealed as many provisions are repealed.

Therefore

I command all Spaniards, individuals and authorities to keep and keep this Organic Law.

Palacio del la Zarzuela, Madrid, 2 July 1987.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ