Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-3441
FELIPE VI KING OF SPAIN to all that the present join together and act.
Know: That the Cortes Generales have approved and I come in to sanction the following law.
INDEX item first. Modification of the organic law 8/2007 of 4 July, on financing of political parties.
Second article. Modification of the law organic 6 / 2002, of 27 of June, of parties political.
Article third. Amending the organic law 2/1982, of May 12, the Court of Auditors.
First additional provision. Adequacy of the amount of grants.
Provision additional second. Protection of personal data.
Provision additional third. Restitution or compensation to those parties political of goods and rights seized.
First transitional provision. Adaptation of the statutes.
Available to transient second. Adaptation of the Accounting Plan.
Third transitional provision. Consolidation of accounts of local level.
Repealing provision. Repeal legislation.
Available end first. Modification of the organic law 1/1985, of 1 July, the judiciary.
Second final provision. Modification of law 29/1998, of 13 July, regulating the contentious jurisdiction.
Third final provision. Amending the organic law 3/1984 of 26 March, regulating popular legislative initiative.
Available to finish fourth. Modification of the organic law 5/1985, of June 19, the General Electoral regime.
Fifth final provision. Modification of law 38/2003 of 17 November, General grant.
Sixth final provision. Status of ordinary law.
Seventh final disposition. Assessments.
Disposal the eighth. Accounting plan adapted to the political formations.
Ninth final disposition. Provincial treasuries.
Tenth final disposition. Entry in force.
PREAMBLE the parties are key players in the political, economic and social life. As runway of participation of citizens in public affairs, they are subjects of rights. As participants in the structure of the own State, have of be and are, subject of obligations. By this, next to the responsibility, must be the exemplary which Chair them performances of these entities that sustain the centrality social of the democracy.
Them parties political, as says the Constitution Spanish, express the pluralism political, concur to the formation and manifestation of it will popular and are instrument fundamental for the participation political. It own exhibition of reasons of it law organic 6 / 2002, of 27 of June, of parties political, already recognized that them parties political are entities private of base associative, form part essential of it architecture constitutional, performed functions of an importance constitutional primary and have of a second nature that the doctrine usually summarize with references repeated to his relevance constitutional and to it warranty institutional of them same from the Constitution.
The core of the current regulation in this area is constituted, besides by the cited, by the organic law 8/2007 of 4 July, on financing of political parties, which addresses a key aspect of his performance as the of obtaining resources for the development of its activity.
This last rule has been recently renovated by the organic law 5/2012, 22 October, reform of the organic law 8/2007 of 4 July, on financing of political parties, for the purpose of properly combining income adequacy and the austerity reinforce mechanisms of control of the financing of political parties and increase transparency that must inspire his performance.
However, in accordance with the feel social and the commitment subscribed by it most of them groups parliamentarians in the Congress of them members during the month of February of 2013, in the moment present is makes necessary the adoption of a law that include new measures of surveillance of the activity financial of them parties political, with which is advance still more in it transparency and control to which have of be subject.
This law organic of control of the activity financial of them parties political means the modification of, besides them two laws cited, the law organic 2 / 1982, of 12 of mayo, of the Court of accounts; the law organic 6 / 1985, of 1 of July, of the power Judicial; the law 29 / 1998, of 13 of July, regulating of the jurisdiction contentious; the law organic 3 / 1984, of 26 of March, regulating of the initiative legislative popular; the organic law 5/1985, of 19 June, of the General Electoral regime, and finally, law 38/2003 of 17 November, General subsidies.
Accordingly, the law is divided into three articles - which respectively amending organic law on financing of political parties, the law of political parties and the law organic of the Court of accounts, three additional provisions, three transitional provisions, a repealing provision and ten final provisions.
The first article introduces many new features of significance in the system of financing of political parties, which include the improvement of the regulation of the channel through which to make donations; the clarification of the concept of donation to a political party, the reference to the reception of these through mechanisms of participatory financing, forecasting assumptions of return of improper donations and income in Treasury; the prohibition of donations to them parties political coming of people legal and of forgiveness of debt by entities of credit; the enlargement of the information economic and accounting that, in accordance with the principle of transparency, them parties political and the foundations and entities linked or dependent of them have of make public; the regulation of the figure of the responsible of the management financial and his appearance before the Commission mixed of the Court of accounts; it compulsory for the parties of approve some instructions internal in matter of recruitment and establishment of them principles in which there will be of inspire is that activity; the introduction in matter of funding, next to the fouls very serious, of faults serious and mild and their corresponding deadlines of prescription; the forecast of penalties for each type of violation; or the specification of the circumstances that determine the existence of «bonding» of a foundation or of an association to a party.
In the second article is the modification of some provisions of the organic law on political parties. So, is recognized to all citizens of the European Union, the ability to create political parties, in accordance with the criteria maintained by the European Commission in its report to the European Parliament and the Council (09/03/2012) on the implementation of Directive 94/80/EC which laying down the modalities of exercise of the right to vote and stand in municipal elections by citizens of the Union residing in a State Member of which they are not national. On the other hand, described the minimum content that statutes has been picking up, which will allow to overcome the gap between political parties in practice and deepen its democratic functioning. In addition, as a result of consideration of matches as criminally responsible subjects, is introduced the obligation for these adopt a system of prevention and monitoring for the purposes specified in the criminal code. On the other hand, clarifies the legal status of members of political parties, which translates to a technical improvement of the standard. New at enormous practical significance is also introduces a procedure of judicial declaration of extinction of parties, which will result in a purge and an improvement in the operation of the registry of political parties by allowing, through a procedure that guarantees the judicial intervention, cancel the registration of parties that, in the circumstances referred to they are considered inactive. Finally, as a relevant novelty, sets mandatory registration of foundations and entities linked to the registry of parties, which is prerequisite to attend the announcements of grants.
On to the third article are introduced new provisions in the organic law of the Court of Auditors. Fits highlight in this sense it reference to it function audit is extend to check the submission of it activity financial of the sector public to them principles of transparency, sustainability environmental e equality of gender, the attribution of power regulatory to this institution, in it pertaining to its auto organization, as well as the possibility of that is established formulas of collaboration between the Court and certain agencies public and entities of credit , for the obtaining of the information required for the proper control of them accounts of them parties political and foundations and entities linked.
Further provisions on the one hand, provides a mechanism to provide stability to certain public subsidies received matches, before tightening the limits imposed for obtaining funding from private sources. On the other hand, is the character especially protected data contained in the annual statement of donations made by individuals to political parties and their subjection to the regime envisaged for this purpose in the organic law 15/1999, of 13 December, of protection of data of a Personal nature.
It available transient first grants to them parties registered in the registration, a term for adapt their statutes to the new content minimum planned in it law organic of parties political, in addition to the warning of that, in case of breach of this obligation, is put underway the procedure of declaration judicial of extinction. This facilitates the log purge of parties, containing registered several thousand, in a large majority inactive. The second transitional provision provides the rules applicable to the accounting documents that political parties have presented to the Court of Auditors and is not appropriate for this institution to adapting to this law of the Accounting Plan adapted to the political groups, in accordance with the final disposition eighth.
Accordingly, the repealing provision leaves without effect the additional provision octave of the organic law on financing of political parties.
Finally, in the final provisions, as well as the entry into force of the regulation and the attribution of range from ordinary to certain precepts law, contained amendments to the organic law 6/1985, of 1 July, the judiciary and the law 29/1998, of 13 July, regulating the contentious, both derived from the creation of the extinction of political parties-judicial declaration procedure in the second article. In addition, contains an amendment to the organic law 3/1984 of 26 March, regulating popular legislative initiative, so that a person appointed by promoter Committe is called to appear at the Commission of the Congress of Deputies competent by reason of the matter, prior to consideration by the plenary debate to expose the reasons which justify the submission of legislative initiative. Also provides for the amendment of the organic law 5/1985, of 19 June, of the General Electoral regime, to reduce about 20 percent, the amount of subsidies received matches for the postage of election propaganda. Also law 38/2003 of 17 November, General grant, is modified to remove the possibility of obtaining grants to persons who have been convicted of corruption-related crimes. Finally, these provisions contains a commitment to limit the attribution to the Supreme Court and the high courts of Justice of the competition for the prosecution of authorities and public officials and a reference to the regime of the provincial estates.
In short, the adoption of this basic law meets the parliamentary commitment and widens the scope of requirements containing, with many other measures deemed essential to adopt at the present time, to submit to the political parties and foundations and entities linked to further control mechanisms and greater demands for transparency.
Article first. Modification of the organic law 8/2007 of 4 July, on financing of political parties.
The law organic 8 / 2007, of 4 of July, on financing of the parties political, is modified as follows: one. New wording is given to letters a) and b) of paragraph two of article 2: "to) the dues and contributions of its members.
(b) the products of the own activities of the party as well as those reflected in the accounting documentation and subjected to the control of the Court of Auditors, which come is traditionally developed in their headquarters and facilitate the contact and interaction with citizens; yields from the management of their own heritage; «the benefits from of their activities promotional and which can get is of them services that can provide in relation to their purposes specific.»
Two. Added four new paragraphs to article 3: 'six. When the annual government subsidy provided for in this article exceed the amount of twelve million euros, will require prior agreement of the Council of Ministers to authorize its concession. This authorization not imply the approval of the expenditure, that, in all case, will correspond to the organ competent for the award of the grant.
7. The payment of annual subsidies may not be as long as the beneficiary not accredited to found to date in fulfilling their tax obligations and Social Security in the form determined by law, or have pending any reinstatement of grant or assistance.
8. Be withheld payment of the regular annual subsidies to those parties that have failed to fulfil the obligations present and make public their accounts as established in article 14 on the established dates.
Nine. All agencies and public administrations which grant subsidies to political parties shall make public detail paid subsidies and holders at least once a year, in accordance with the provisions of the Law 19/2013 December 9, transparency, access to public information and good governance."
Three. Add title and a new wording is given to article 4: 'article 4. Contributions, donations, similar operations and agreements on debt conditions.
One. Contributions of its members.
Political parties may receive according to their statutes, dues and contributions of its members.
Two. Donations to political parties.
(a) the political parties not finalists, nominative, can receive donations in money or in kind, from natural persons, within the limits and in accordance with the requirements and conditions laid down in this law.
The donations received in accordance with the provisions of this law, which shall be irrevocable nature, must be destined to the realization of the activities of the donating entity.
Political parties may not accept or receive, directly or indirectly, donations from individuals that, in pursuit of an economic or professional activity, are part of an existing contract than those provided for in the law of contracts in the public sector.
(b) the amounts donated to political parties must be paid on accounts opened in credit institutions exclusively for this purpose. Revenues in these accounts shall only, those who come from these donations. For this purpose, the party political communicated to the entities of credit in which have accounts open and to the Court of accounts, what or what are which is are intended exclusively to the entry of donations. The entities of credit inform annually to the Court of accounts on the donations that have been entered in the cited accounts.
c) when for reasons not imputable to the political party, income of the donation has been made in an account other than those listed in (b)), he shall proceed to their transfer to an account devoted exclusively to receipt of donations within the period of three months from the end of the year, reporting that fact to the Court of Auditors with expression individualized affected revenues.
((d) of the donations referred to in point (b)) shall be evidence of the date of imposition, amount thereof and the name and tax identification of the donor. The credit institution where taxation takes place shall be obliged to extend the donor a document stating the above ends. The acceptance of donations of cash shall be produced if within the period prescribed in the preceding paragraph it had not proceeded to its return to the donor, his judicial consignments or income in the Treasury.
(e) donations in kind shall be accepted by certification issued by the political party in which is made to include, in addition to the identification of the donor, the public document or other authentic document confirming the delivery of the goods donated to making express mention of the irrevocable character of the donation.
The valuation of them donations in species is held according to it provisions in the law 49 / 2002, of 23 of December, of regime Fiscal of them entities without purposes lucrative and of them incentives tax to the patronage.
(f) when the sum of the value of the donations made by a same person physical exceed of the limit maximum annual allowed is proceed to the return of the excess to the donor. When this not have result possible, the amount or the equivalent of the well in metal, is enter in the treasure in the term of three months from the closing of the exercise.
(g) in any case, when exceptionally it has not been possible to proceed with the identification of a donor, the amount of the donation is enter in the treasure within the period of three months from the end of the year.
(h) the provisions of the previous letters shall apply to the cases of receipt of donations through participatory mechanisms.
(i) no deliveries of cash, will be considered donations movable or immovable property made by political parties belonging to the same union, Federation, Confederation or permanent coalition, either among themselves or to those.
Three. Operations assimilated.
Political parties may not accept, directly or indirectly, any third party to assume effectively the cost of their acquisitions of goods, works or services or any other expenses that generate activity.
Four. Agreements on conditions of debt.
Them parties political may arrive to agreements with regard to the conditions of it debt that keep with entities of credit of conformity with the ordering legal, without the type of interest that is apply can be lower to which corresponds to them conditions of market. Such agreements, and in particular, which entail the cancellation of security, you will notice to the Court of Auditors and to the Bank of Spain by political party and by the credit institution, respectively.
Credit institutions may not be total or partial forgiveness of debt to the political parties. For these purposes means cancellation total or partial cancellation of the principal credit or overdue interests or renegotiating the interest rate below the applied in market conditions.»
Four. A new wording is given to article 5: 'article 5. Limits on private donations.
One. Political parties may not accept or receive directly or indirectly: a) anonymous donations, finalists or not vested.
(b) donations from of a same person superior to 50,000 euros per year.
(c) donations from legal persons and entities without legal personality.
((Is except of the limit planned in the letter b) them donations in species of goods estate, whenever is meet the requirements established in the article 4.2, letter e).
Two. All donations above 25,000 euros and in any case, the donations of real estate, shall be notification to the Court of Auditors by the political party within the period of three months from its acceptance.'
5. It gives new wording to the article 7: «article 7.» Contributions from foreign nationals.
One. Them parties political may receive donations not finalists, from of people physical foreign, with them limits, requirements and conditions established in the present law for them contributions private, and whenever is met, also, them requirements of the regulations existing on control of changes and movement of capital.
Two. Parties may refuse any form of funding from Governments and agencies, entities or foreign public companies or companies related directly or indirectly with them.»
6. It gives new wording to the article 8: «article 8.» Justification of the dues and contributions.
One. Them fees and contributions of them affiliates must pay is in accounts of entities of credit open exclusively for said purpose.
Two. Revenues in the accounts intended for receipt of fees will be only those which derive from these, and should be performed via direct debit of an account which is holder affiliate, or nominative income into the account designated by the party.
Three. The remaining private contributions have to be paid on an account other than the one prescribed in the preceding paragraph. In any case, shall be evidence of the date of imposition, amount thereof and the full name of the Member or contributor. The credit institution where taxation takes place shall be obliged to extend a document stating the above ends. All contributions which, individually or accumulated, are superior to 25,000 euros and in any case, the real estate, shall be notification to the Court of Auditors by the political party within the period of three months from the end of the year.»
Seven. New wording is given to paragraph one of article 9: "one. This title is intended to regulate the tax regime of political parties, as well as the applicable fees, contributions and donations made by individuals to contribute to their funding.»
8. New wording is given the letter c) item 10.Dos: «c) private donations made by individuals as well as any other increases of heritage that made manifest as a result of acquisitions to lucrative title.»
9. Gives new wording to article 13: "article 13. Justification of fees, contributions and made donations.
The tax regime established in the preceding article shall be conditioned that the natural person has proof of the contribution, donation or fee satisfied the perceptor political party.»
Ten. Amending Title IV of the law, which is worded as follows: 'TITLE IV obligations accounting and financial management article 14. Obligations with respect to the accounts of political parties.
One. Political parties must be detailed ledgers that permit at all times meet your financial and patrimonial situation and compliance with the obligations laid down in this law.
Two. Books of cash, inventories and balance sheets shall contain, in accordance with generally accepted accounting principles: a) the annual inventory of all goods.
(b) the income account, with at least the following categories of income:-global amount of dues and contributions of its members.
-Receipts from their own heritage.
-Receipts of donations referred to in article 4.
-Income from activities of the party.
-Inheritances and bequests received.
(c) the expenditure account, entering as a minimum the following categories of expenditure:-staff costs.
-Procurement of goods and services (current) costs.
-Financial costs of loans.
-Other administrative expenses.
-The costs of the activities of the party.
(d) the capital operations a: - credits or loans from financial institutions.
-Debtors and creditors.
Three. The annual accounts shall include Balance, income statement and an explanatory memorandum of the two. In any case, that memory will include the relationship of public grants and private donations, both monetary as in species of property, furniture goods, services or any other transaction which constitutes an economic advantage received from individuals with specific reference, in each one of them, of elements that allow to identify the donor and point out the amount of the capital received.
The memory must be accompanied, equally, an annex where you specify detail the stipulated contractual conditions of credits or loans of any kind that keep the party with credit institutions. In he is will identify to the entity awarding, the amount awarded, the type of interest and the term of amortization of the credit or loan and the debt pending to the closing of the exercise of that is try with indication of any contingency relevant on the compliance of the conditions agreed.
Four. Notwithstanding the provisions of the preceding paragraph, for the accountability of the parliamentary groups of the Cortes Generales, the legislative assemblies of the autonomous communities, of the General meetings of the historical territories of Basque and of the groups of the local corporations, will be what have their respective regulations or their specific legislation, which shall respect the General principles of this law in respect of accountability.
5. The consolidated annual accounts of the political parties will extend to State, regional and provincial levels. The accounts for the local and regional level, if it exists, will be integrated into provincial-level accounts. The consolidated annual accounts of federations of parties and coalitions will include those of federated and coaligados matches.
6. All political parties will have to submit the consolidated financial statements, in which will be detailed and documented your income and expenses, duly formalised to the Court of Auditors before 30 June of the year following those relate. The presentation will be made by the person responsible for the financial management of the party.
Seven. Once presented the annual accounts, the Court of Auditors delivered to the political party justification for having made this presentation. Within the month following to the completion of the term of presentation of them accounts annual, the Court of accounts sent to the record of parties political of the Ministry of the Interior and to the President of the Commission mixed for them relations with the Court of accounts, it relationship of them parties that have made the presentation.
8. Political parties shall be published on its website, within a maximum period of one month from the date of submission to the Court of Auditors, the balance sheet, the count of results and in particular: the amount of the outstanding amounts of repayment, with specification of the awarding entity, the amount awarded, the interest rate and the term of amortization, received grants and donations and bequests of more than € 25,000 with reference amount specific to identity of the donor or legatee, without prejudice of it established in the article 7.5 of the law organic 2 / 1982, of 12 de mayo, of the Court of accounts.
9. Political parties, once issued by the Court of Auditors the corresponding to a particular period audit report, should make it public through its web site within a maximum period of 15 days.
Article 14 bis. Responsible of the management economics and finance.
One. It responsible of the management financial of the party political will be designated in the form that determine them statutes between people with accredited knowledge or experience professional in the field economic and in which concur the condition of repute.
Two. He is considered that good repute attends not who: to) are convicted by final judgment to imprisonment until the sentence is accomplished.
(b) be convicted by final judgment for the Commission of crimes of perjury; against the freedom; against the heritage and socio-economic order, public finances and Social Security, the rights of workers, the public administration, the Constitution, the institutions of the State, the administration of Justice, the international community; treason and against peace or independence of the State and relating to the national defense; and against public order, in particular, terrorism, until criminal records have been cancelled.
(c) are in criminal proceedings for a crime that involves the disqualification or the loss of the right to stand as a candidate where it has given auto opening of oral proceedings.
(d) the disabled in accordance with the law 22/2003 of 9 July, bankruptcy while it is not completed the period of disqualification set out in the statement of qualification of the contest.
Officials in active service of the public administration and other persons affected by a legal incompatibility shall not be responsible for the financial management of a political party.
Three. Responsible for the financial management responsible for accounting regularity of activity reflected in the annual accounts. This responsibility is independent of that which had incurred by those who adopt resolutions or undertake acts reflected in the accounts.
Four. They are responsible for the financial management functions: to) drawing up the annual accounts and its presentation to the Court of Auditors.
(b) the supervision of those responsible for the financial management of regional and provincial levels, if any.
(c) the functions in matter of management of payments and authorization of expenditure that in his case pointing them statutes of the party.
(d) any other function that attributed it to the statutes or the highest organ of the party leadership.
5. «To the right compliance of its functions, the responsible of the management financial of the party to level national may impart instructions specific and criteria of performance to them responsible of them different levels territorial.»
Eleven. Gives new wording to article 16: «article 16. External control.
One. It corresponds exclusively to the Court of Auditors autonomic control of economic and financial activity of the political parties, without prejudice to the competences related to the control of electoral processes attributed to the external control of the autonomous bodies under their respective statutes.
Two. The Court of Auditors supervise in any case accounts relating to the parties that they receive some kind of public subsidy provided for in article 3.
Respect to the rest of them parties political the Court of accounts held them performances audit that considers appropriate as is set in their plans of action.
Three. This control extends to the control of the legality of the resources of public and private political parties as well as the regular accounting of economic and financial activities carrying out and the adequacy of its financial activity to the principles of financial management that are enforceable in accordance with its nature.
Four. The Court of Auditors, in the period of six months from receipt of documentation indicated in article 14, shall issue a report on its regularity and adaptation to the provisions of the preceding paragraph, or in your case will be expressly stating how many infractions or irregular practices have been observed.
5. This report will rise to the Cortes Generales and will subsequently be published in the "official bulletin of the State".»
12. It introduces a new article 16 bis: «article 16 bis.» Parliamentary control.
The Joint Committee for relations with the Court of Auditors may, within two months from the approval of the audit by the Court of Auditors report, request the attendance of the person in charge of the financial management of any political party who receive subsidies referred to in the organic law 5/1985, of 19 June, of the General Electoral regime to report violations or irregular practices that in their case, have been observed by the supervisory body.
«Such a hearing does not exempt from the obligation to refer to the Court of Auditors any other accounting information that it considers relevant.»
13. Gives new wording to article 17: "article 17. Infractions.
One. Without prejudice to the liability of any kind arising from provisions in the legal system in general and the provisions in this law in particular, the Court of Auditors agree imposing sanctions to the political party who commits any offences that are classified in this article, provided that they do not constitute a crime.
Two. They will be considered very serious: to) the acceptance of donations or contributions that contravene the limitations or requirements set out in articles 4, 5, 7 and 8. The assumption, by third parties, of the expenses of the party in the terms indicated in article 4.tres will have identical rating, as well as agreements on debt conditions which violate the prohibition contained in article 4.cuatro.
(b) overcoming the political parties, in a ten per cent or more of the limits of electoral expenditure in the organic law 5/1985, of 19 June, of the General Electoral regime, without prejudice to the provisions of article 134 of the Act.
(c) the non-compliance for two consecutive years or three alternates of the obligation to submit annual accounts within the period provided for in article 14. Six or the presentation of accounts incomplete or deficient that prevent to the Court of accounts bring to out their committed Inspector.
Three. (Will be considered violations serious: to) the realization of activities of character commercial according to set the article 6.
(b) the overcoming by them parties political, in more than one three and in less than a ten percent, of them limits of expenses electoral provided in the law organic 5 / 1985, of 19 of June, of the regime Electoral General, without prejudice of it established in the article 134 of this law.
(c) the breach of the obligation of present them accounts annual, the presentation of accounts incomplete or deficient that prevent to the Court of accounts carry to out your committed inspector during an exercise or any other of them obligations accounting planned in this law, whenever this not constitute crime.
(d) the lack of a system of auditing or internal control referred to in article 15.
Four. They will be considered minor offences: a) failures to the duty of cooperation referred to in article 19.
(b) overcoming the political parties, over one and up to three per cent, of the limits of electoral expenditure in the organic law 5/1985, of 19 June, of the General Electoral regime, without prejudice to the provisions of article 134 of the Act.
5. Very serious offences shall be extinguished after five years, the major three years later and the minor two years.
The computation of these deadlines will begin at the time of the Commission of the offence."
Fourteen. It introduces a new article 17 bis: «article 17 bis.» Sanctions.
One. By the Commission of very serious offences the following penalties shall be imposed: to) for the infringements referred to in article 17 paragraph two) a fine whose amount will be double to five times the amount exceeding the legally permissible limit, the amount taken by the third party or of the amount forgiven, as appropriate.
((b) by the offences provided for in the article 17 paragraph two b), a fine pecuniary proportional of the duplo to the fivefold of the excess of expenditure produced.
((c) by them infringements provided for in the article 17 paragraph two c), a sanction of a minimum of fifty thousand euros and a maximum of one hundred thousand euros.
((In any case the sanctions planned in those paragraphs to) and b) will be lower to fifty thousand euros.
Two. ((By the Commission of violations serious is imposed them following sanctions: to) by them infractions planned in the article 17 paragraph three to), a fine pecuniary between twenty-five thousand and fifty thousand euros more a fine pecuniary equivalent to the one hundred percent of the benefit NET retrieved through the realization of them activities commercial.
((b) for the infringements referred to in article 17 paragraph two b), a fine whose amount will be double to five times of excessive spending produced without in any case may be less than twenty-five thousand euros.
(c) for the rest of the violations serious a sanction of a minimum of ten thousand euros and a maximum of fifty thousand euros.
Three. ((By the Commission of violations minor is imposed them following sanctions: to) by the infringement planned in the article 17, paragraph three to), a fine pecuniary of between five thousand and ten thousand euros.
((b) for the infringement referred to in article 17, paragraph 3 b), a fine whose amount will be double to five times the excess of the produced cost, unless in any case it may be less than five thousand euros.
Four. The Court of Auditors will monitor the sanctions become effective before the issuance of the following grant and it detracts its amount in the case of not having been met.
In those cases in which the sanctioned political party are not entitled to the perception of subsidies, the Court of Auditors will require the cited party so appropriate to the entry of the amount of the sanction in the public Treasury.
When a political party do not effective payment of the imposed sanction, the Court of Auditors will transfer to the State tax administration agency to this proceed to his fundraising in Executive period.»
15. A new wording is given to article 18: "article 18. Procedure penalties.
One. The sanctioning procedure will occur by agreement of the plenary of the Court of Auditors.
As soon as the Court of accounts have knowledge of them made, the full will have the opening of a period of information prior in which is will give audience to the party political allegedly infringing, after which, if had place to this, remember the initiation of the procedure sanctioning. The sanctioning procedure will be compatible, both with the exercise of its function of the audit on the management of economic and financial of the allegedly infringing party, as with the imposition, as appropriate, of the periodic penalty payments provided for in article 30 of the law 7/1988, of 5 April, operation of the Court of Auditors. The initiation of the disciplinary procedure interrupted the prescription of infringements.
Two. Initiation agreement shall have the following minimum contents: a) identification of the allegedly responsible for political party.
(b) them made that motivate the initiation of the procedure, its possible qualification legal and the sanctions that could correspond.
(c) the instructor of the procedure, with express indication of the challenge of this regime.
Initiation agreement shall be communicated to the instructor and will be notified to the allegedly infringing party, indicating it has fifteen days to provide many arguments, documents or information as it deems appropriate and to request the opening of a probationary period and propose the means test that considers appropriate.
The agreement of initiation is will accompany of them documents and evidence that has had in has the full for agree the initiation of the procedure.
Three. Opens a probationary period in the following cases: to) when in the process of claims established in the preceding paragraph prompted the party interested with specific test media proposition.
(b) when, in absence of application of part interested, the instructor it considers necessary for the clarification of them made and determination of those responsible. In this case the instructor will give within five days stakeholders propose evidence they deem appropriate.
The trial period will last 30 days.
The practice tests will be held in accordance with the provisions of article 81 of the law 30/1992, legal regime of public administrations and common administrative procedure.
Four. Concluded, in its case, the probationary period, the instructor will make motion for a resolution, which shall contain: 1. If there is infringement and liability: to) the facts deemed proven and the valuation of the test such consideration therefor.
(b) the political party deemed responsible and the valuation of the test such consideration therefor.
(c) the tipificadores precepts of infractions that consider subsumed the facts and the reasons for such consideration.
(d) sanctions deemed from the terms of article 17 bis, and the circumstances for this purpose is thus considered as, in his case, the proposition of suspension of execution of the sanction, fractional implementation or modification, and the reasons for such a proposition.
2. If it considers that infringement or liability there is no, it will contain the motion for acquittal.
5. Motion for a resolution shall be notified to those concerned, telling them that they have fifteen days to formulate arguments for what be put of manifest record, so that they can consult it and to obtain copies of the documents that in the same.
Concluded the hearing process, the instructor shall send immediately the motion for a resolution to the plenary of the Court of Auditors so resolve the procedure, together with the documents, allegations and information that held the record.
6. The instructor may, accordingly, extend deadlines for these formalities of allegations and the trial period, once e identical or lower time established, provided that the number and the nature of the evidence to practice, the complexity of the factual situations and analyzed legal issues or other reliable reasons, is necessary to achieve the proper determination of the facts and responsibilities or to ensure the effective defense of the bankrupt at the sanctioning procedure.
7. The instructor acts that approve the opening of the probationary period or the practice of some means of testing proposed by the parties, will be open to appeal to the plenary of the Court of Auditors, within three days, whereas his dismissing silence.
8. It full of the Court of accounts dictate resolution motivated, that will decide on all the issues raised by the party interested and those derived from the procedure. The resolution that resolved the procedure should have the content that is set in the paragraph 4.
He full of the Court of accounts only may vary the relationship of made expressed in the proposal of resolution, qualifying them or taking in has others, in the event that this is in benefit of the party political whom in the procedure sanctioning, motivating specifically in it resolution it variation factual.
If not had been notified the resolution in the period of six months from the initiation of the procedure is will produce the expiration of this. During this period shall be interrupted while the procedure is paralyzed for reasons attributable to those interested.
9. Sanction resolutions adopted by the Court of Auditors will be subject to administrative appeal before the Supreme Court. When in such resolutions imposing agreed some of the penalties provided for in article 17 bis, the filing of the appeal be suspended automatically the implementation of the resolution adopted by the Court of Auditors.'
Sixteen. The seventh additional provision is amended as follows: «seventh additional provision. Foundations and entities linked to party political or dependent on them.
One. He is considered a Foundation is linked or is dependent on a political party when any of the following circumstances: to) that constitutes a majority, direct or indirect, contribution of the political party or of another Foundation or entity linked or dependent on him.
(b) that its founding heritage, with a character of permanence, is formed by more than 50 per 100 by assets or rights contributed or donated by the concerned entities.
(c) that the political party, directly or through related entities, may appoint or dismiss a majority of the members of the Board of Trustees.
(d) that is designated as Foundation linked by the party political, based on it arranged in the available additional fourth of it law organic 6 / 2002, of 27 of June, of parties political.
Is considered that an entity is linked or is dependent of a party political when this holds or may hold, directly or indirectly, the control of that. (In particular, is presumed that there is control when the party political is find in relation to the entity in any of the following situations: to) possess it most of them rights of vote.
(b) have the Faculty of appoint or dismiss to the majority of them members of the organ of administration.
c) may have, under agreements concluded with third parties, the majority of the voting rights.
d) appointed a majority of the members of the Board of Directors with their votes. In particular, this circumstance shall be presumed when the majority of the members of the Board of Directors of the dependent company are members of the highest organ of the political party or other entity linked or dependent on that address.
(e) that is designated as entity linked by the party political, based on it willing in the available additional fourth of it law organic 6 / 2002, of 27 of June, of parties political.
For the purposes of this section, the voting rights of the political party will be added to those who possess through other foundations or entities related to or dependent on them or through a person acting in his own name but on behalf of the political party or other foundations or entity linked to or dependent on him or those available at concert with any other person. Is presumed that a person acts by has of the party political when its intervention in the organ of Administration derive of an appointment made by the party political or of the ownership of a charge for which has been appointed by the party political.
Two. The contributions that foundations and entities linked to parties politicians or dependent of them shall be subject to the mechanisms of oversight and control, and the penalties provided for, respectively, in titles V and VI, without prejudice to the rules which are applicable. He control that carry to out the Court of accounts is extended also to the regularity accounting of such contributions and of them expenses derived of programs and activities funded with charge to grants public.
Three. The resources that financed the activities of foundations and entities linked to political parties or dependent on them will be those provided for in the applicable legislation in each case.
Four. ((For them donations, will be subject to the limits and requirements provided in the chapter second of the title II, while, not will be of application it intended in the article 5.Uno, lyrics b) and c).
Donations from legal persons will always require agreement adopted in due form by the organ or competent representative for this purpose, by stating expressly the fulfilment of the provisions of this law. When these donations are of character monetary of amount superior to 120,000 euros, will have to formalize is in document public.
Foundations and related entities regulated by this provision may not accept or receive donations of bodies, entities or public enterprises directly or indirectly.
5. Not will have the consideration of donations, to them alone effects of this available additional, them deliveries monetary or heritage led to out by a person physical or legal to finance an activity or a project concrete of the Foundation or entity, insofar as such activity or project is perform as consequence of an interest common personal or derived of them activities own of the object corporate or statutory of both entities.
Supplies made under cover of as provided in this section shall, in any case, be formalised in a public document, inform the Court of Auditors within the period of three months from its acceptance and become public, preferably via the website of the Foundation or related entity.
6. Foundations and entities regulated by this additional provision will be required to formulate and approve its accounts under the terms provided for in the legislation in force, to carry out an audit of their annual accounts and send all documentation to the Court of Auditors.
A time issued by this institution the report of control to which is refers the paragraph two, will come forced to make public, preferably through its website, the balance and it has of results as well as the conclusions of the report of audit, so this information is of free and easy access for them citizens.
Seven. Foundations and entities regulated by this additional provision will be required to report annually to the Ministry of finance and public administration all donations and contributions received, to which end approve a ministerial order which shall state the content, scope and structure of the information provided is. «In addition, all the donations from of people legal must be object of notification to the Court of accounts in the term of three months from its acceptance.»
Seventeen. Is adds a new provision additional thirteenth: «provision additional thirteenth.» Regime of contract of the parties political.
1. them procedures of recruitment of them parties political is inspire in to them principles of advertising, concurrency, transparency, confidentiality, equality and not discrimination without prejudice of the respect to the autonomy of the will and of the confidentiality when is coming.
2. the party political must approve some instructions internal in matter of hiring that is put in place to it planned in the paragraph earlier and that must be informed before its approval by the organ to which corresponds your advice legal. «These instructions must publish is in the website of the party political.»
Eighteen. Is adds a new provision additional fourteenth: «available to additional fourteenth.» Range of Act ordinary.
«Have character of law ordinary the title III and the provisions additional first, second, third, fourth and fifth.»
Nineteen. Will introduces a new provision additional fifteenth: «available additional fifteenth.» Contributions from persons not affiliated to political parties.
Contributions made to political parties by non-affiliated persons having the status of elected, from senior members of all public administrations or the State Public Sector, regional and Local, will be regarded for all purposes contributions affiliate when so the contributors demonstrate it.'
20. Introduces a new sixteenth additional provision: «sixteenth additional provision. Communication of maximum of electoral spending.
The Court of Auditors, when it is competent in the oversight of the electoral process convened, shall in the manner in which determined the maximum figure individualized electoral expenditure corresponding to each of the political groups concurrent with representation in the Congress of Deputies, immediately after the agreement's proclamation of candidatures is firm. In addition, will forward the relationship of the maximum figures of electoral expenditure of these formations to the competent Electoral Board to the effects that will be the reference, if appropriate, for the calculation of the penalties provided for in the law.»
Twenty-one. New wording is given to the second final disposition: «second final provision. Suppletive regime.
In it not regulated by this law organic in matter of grants, will be of application it intended in the law 38 / 2003, of 17 of November, General of grants.
«Them procedures sanctioning regulated in this law, supplementary and in default of standard Express, is governed by the standards General of these procedures contained in the law 30 / 1992, of 26 of November, of regime legal of them administrations public and of the procedure administrative common.»
Article second. Modification of the law organic 6 / 2002, of 27 of June, of parties political.
The law organic 6 / 2002, of 27 of June, of parties political, is modified as follows: one. He paragraph 1 of the article 1 is modified as follows: «1. them citizens of the Union European can create freely parties political according to it willing in the Constitution and in the present law organic.»
Two. The article 3 is worded as follows: «article 3.» Constitution, statutes and personality legal.
1. the agreement will be formalized by means of founding act, which must be included in public document and contain, in any case, the ID of the promoters, the name of the party which intends to constitute, the members of the provisional executive bodies, the domicile and the statutes by which be governed the party, which is provide.
The designation of the parties may not include terms or expressions that induce to error or confusion about their identity or that are contrary to law or the fundamental rights of persons. In addition, may not coincide, resemble or identified, still phonetically, with the of any other party previously entered in the register, with the of a party member, as a result of a merger, of a registered party when this is accredited by any means of valid proof in law, or with the of any party declared illegal, dissolved or suspended by a court decision. With the identification of natural persons, or under the name of pre-existing entities or registered trademarks.
2 the statutes of political parties will at least have the following content: to) your name and initials.
(b) the symbol, with its description and graphical representation.
(c) the home, indicating the town, province, street and postal code.
(d) your web site and e-mail address.
(e) the scope of action: State, regional, provincial or local.
(f) their purposes.
(g) the requirements and modalities of admission and low of affiliates.
(h) the rights and duties of members and the disciplinary regime as laid down in article 8.
(i) them organs of Government and representation, its composition, them deadlines for its renewal that there will be of make is as maximum each four years, their powers or competencies, them organs competent for the call of sessions of them organs collegiate, the term minimum of call, duration, the form of elaboration of the order of the day, including the number of members required for propose points to include in the same as well as the rules of deliberation and the majority required for the adoption of agreements, which, as a general rule, it will be a simple majority of those present, whether full members or compromisarios.
(j) the procedure for the election of the governing bodies, either directly or by representation, which in any case shall ensure the participation of all members by free and secret suffrage, and procedures for the democratic accountability of elected leaders.
(k) office or organ to which appropriate legal representation of the political party, as well as the determination of the financial head of the political party and the procedure for their appointment.
(l) the regime of administration and accounting, which will include, in any case, the accounting books.
(m) the system of documentation, which will include in any case the affiliates file and the book of acts.
(n) indication of whether the political party has or not a founding heritage, the origin of the financial resources and accountability procedure.
(or) the procedure and the organ competent for the approval of the accounts annual in which is include the obligation of remission annual of them same to the Court of accounts within the term legally established.
(p) the causes of dissolution of the political party and, in this case, what would be the fate of their heritage.
(q) the procedure of claim of them affiliates facing those agreements and decisions of the organs of the party.
(r) the charge or body responsible for the defence and guarantee of the rights of the Member.
(s) the regime of infringements and sanctions of them affiliates and the procedure for its imposition, that must instruct is of form contradictory and in which must guarantee is the right of the affiliate to be informed of them made that dan place to its initiation, to be heard with character prior to the imposition of sanctions and to the eventually agreement punitive is motivated. However, be established in any case, the suspension injunction automatic membership for which auto opening of trial for an offence related to the corruption as well as the sanction of expulsion from the party of those who have been convicted of any of those offences has handed down in a criminal trial members.
(t) any other mention required by this or other law.
3. the parties must notify the registry any modification of its statutes and the composition of its governing bodies and representation within a maximum period of three months from such modification and, in any case, during the first quarter of each year. They shall also publish them on its website.
«4. them parties political acquire personality legal by the registration in the register of parties political that, to these effects, will exist in the Ministry of the Interior, prior presentation in that of the Act founding subscribed by their promoters, accompanied of those documents that credited the compliance of them requirements expected in it present law organic.»
Three. Amendment of paragraph 4 of article 4: "4. The registration in the register will produce effects indefinitely while not is record in the same its suspension or dissolution, by notification of the decision agreed by the own party in accordance with them forecasts statutory, by be declared judicially illegal and dissolved or suspended or by be declared judicially extinguished in accordance with it intended in the article 12 bis. All this without prejudice to the provisions in article 10.6 and, in terms of the scope and effects of the suspension in article 11.8.»
Four. Is modifies the article 6: «them parties political is adjusted in its organization, operation and activity to them principles democratic and to it willing in the Constitution and in the laws.» Political parties have organizational freedom to establish its structure, organization and functioning, with the only limits in the legal system."
5. Amending paragraph 1 of article 7: '1. The internal structure and functioning of political parties must be democratic, establishing, in any case, forms of direct participation of members in the terms that collect their statutes, especially in the top governing body of the party election processes."
6. Amending article 8: «article 8. Rights and duties of members.
1. the affiliated to political parties must be natural persons, older age, and not be limited or restricted their capacity to act.
2. the statutes of political parties may establish different forms of membership depending on the level of linkage to the political party. Members of a same mode will have equal rights and duties.
3. the political parties will leave constancy of the affiliation of its members in the corresponding file will be governed by the provisions of the organic law 15/1999, of 13 December, of protection of data of a Personal nature.
4 the statutes shall contain a detailed list of the rights of members, including, in any event, on the greater linkage to the political party, the following: a) to participate in the activities of the party and the organs of Government and representation, to exercise the right to vote, as well as attend the general Assembly, in accordance with the statutes.
(b) to be electors and eligible for the same charges.
(c) to be informed of the composition of the governing bodies and administration or the decisions taken by the executive bodies, the activities undertaken and on the economic situation.
d) to challenge the agreements of the organs of the party which they consider contrary to the law or the statutes.
e) to go to the body responsible for the defence of the rights of the Member.
The remaining members shall enjoy the rights governing statutes.
(5. them affiliates to a party political will meet them obligations that are of them provisions statutory and, in all case, them following: to) share the purposes of the party and collaborate for the achievement of them same.
(b) respect it provisions in the statutes and in the laws.
(c) abide by and comply with them agreements validly adopted by them bodies management of the party.
«(d) pay them fees and other contributions that, with arrangement to them statutes, can correspond to each one in accordance with the mode of affiliation that them appropriate.»
Seven. It modifies the paragraph 3 of the article 9: «3.» (Is means that in a party political concur them circumstances of the paragraph previous when is produce the repetition or accumulation of any of them behaviors following: to) give support political express or tacit to the terrorism, legitimizing them actions terrorist for the achievement of purposes political to the margin of them runways peaceful and democratic, or exonerating and minimizing its meaning and the violation of rights fundamental that behaves.
(b) accompany the action of violence with programs and activities that promote a culture of confrontation and civil confrontation linked to the activity of terrorists, or that seek to intimidate, desist, neutralize or socially isolate those who oppose it, making daily living in an atmosphere of coercion, fear, exclusion or deprivation of basic freedoms and in particular, of the freedom to express opinions and to participate freely and democratically in public affairs.
(c) include regularly in their governing bodies or their electoral lists persons convicted of terrorist offences that do not have publicly rejected the purposes and the media terrorists, or keep a large number of its members double membership to organizations or entities related to a group terrorist or violent, unless they have taken disciplinary action against these leading to their expulsion.
(d) used as instruments of the activity of the party, together with the own or in substitution thereof, symbols, messages or elements that represent or are identified with terrorism or violence and behaviors associated with it.
e) yield, in favor of terrorists or those who collaborate with them, rights and privileges as the system, and specifically the electoral legislation, granted to political parties.
f) regularly collaborate with entities or groups who act in a systematic manner according to a violent or terrorist organization, or that they protect or support terrorism or terrorists.
(g) support from the institutions in which to govern, with administrative, economic or any other, to the entities referred to in the preceding paragraph.
(h) promote, provide coverage or participate in activities designed to reward, honor or distinguish terrorist or violent actions or those who commit them or collaborate with them.
«i) provide coverage of disorder, bullying or social coercion actions linked to terrorism or violence.»
8. It adds a new article 9 bis: "article 9 bis.» Prevention and supervision.
«Them parties political should adopt in their standards internal a system of prevention of conduct contrary to the ordering legal and of supervision, to them effects expected in the article 31 bis of the code criminal.»
9. It modifies the paragraph 1 of the article 10: ' article 10.» Dissolution or judicial suspension.
1 in addition to by decision of its members, agreed upon by causes and by the procedures laid down in their statutes, shall be the dissolution of a political party or, where appropriate, suspension, by decision of the competent judicial authority and in the terms provided for in paragraphs 2 and 3.
«The dissolution shall take effects from your annotation in the register of parties political, prior notification of the own party or of the organ judicial that Decree the dissolution.»
10. It introduces a new article 12 bis: "article 12 bis.» Statement judicial of extinction of a party political.
1 the competent organ, on the initiative of the registration of political parties, of its own motion or at the request of the interested parties shall ask the administrative courts, the judicial declaration of termination of a political party that is in any of the following situations: to) have not adapted their statutes to laws that may apply in the terms that these provide in each case.
((b) not have convened the organ competent for the renewal of the organs of Government and representation elapsed the double of the term intended in the article 3.2, letter i).
(c) not filing its annual accounts for 3 consecutive years or four alternate, without prejudice to the responsibilities that may arise from the lack of presentation of the accounts.
2. with character prior, the registration of parties apercibirá to the party political that incurred in any of them situations described so, in the term of 6 months, appropriate to justify rather than has made the adaptation of their statutes to the law, rather than has renovated their organs of Government and representation, rather than has presented them accounts annual of all them exercises that have pending , or in your case, all of the above. Elapsed this term without the party political has made them performances described, the registration of parties start the procedure provided in the paragraph previous.
3. for a judicial declaration of extinction of a political party will be as provided in article 127 d of law 29/1998, of 13 July, regulating the contentious jurisdiction.
4. the judicial declaration of extinction shall take effect from your annotation in the register of political parties, prior notification made by the judiciary.»
Eleven. Is modifies the paragraph 1 and is adds a new paragraph 3 to the article 13, that are written as follows: «1. the funding of them parties political is will take to out of conformity with it planned in the law organic 8 / 2007, of 4 of July, on financing of them parties political.» «» 3. all parties registered in the registry of political parties must submit the consolidated annual accounts duly formalized the Court of accounts in the term established in the organic law 8/2007 of 4 July, on financing of political parties.»
12. Add a new fourth additional provision: «fourth additional provision. Foundations and entities linked to party political or dependent on them.
1. foundations and entities which are linked to political parties or who are dependent on them in accordance with the criteria laid down in the organic law 8/2007 of 4 July, on financing of political parties must register in the register of political parties a joint initiative of the representatives of the parties and of their own representatives. In the Act of registration is communicated the name of the Foundation and entity and the register in which, by reason of the matter, already is are registered.
Entity linked to or dependent on political parties and foundations shall be entered in the specific section of the registry that is believed to these effects.
2. foundations and entities linked to political or parties dependent on them that are not registered in the registry of political parties may not attend public calls for subsidies to foundations and entities linked to party political or dependent on them.
3. the registration of parties will take place regardless of its corresponding entry in the register of foundations or entities by reason of the subject or its territorial scope."
13. The single repealing provision is worded as follows: «It are repealed many standards are opposed to the present organic law and, in particular, the Law 54/1978, of 4 December, political parties and the applicable articles of the law 21/1976, June 14.»
Third article. Modification of the law organic 2 / 1982, of 12 de mayo, of the Court of accounts.
One. Add a paragraph in section one of article 1 with the following content: «Also corresponds to the Court of Auditors control of economic and financial activity of the political parties registered in the registry of political parties of the Ministry of the Interior, as well as foundations and other organizations linked or dependent on them.»
Two. New wording is given to the third article: «third article.
One. The Court of Auditors has competence for everything related to the Government and interior of the same regime and staff at your service and can issue regulations on its own functioning and organization, as well as on the status of its staff and services within the scope of this law and the management of its operation.
Two. You can also issue regulations in development, implementation and execution of its operation law to establish regulations of secondary and auxiliary nature in relation to the Statute of the staff at your service.
3. Regulations must be approved by the plenary and will be published in the "official bulletin of the State", authorized by the President."
3. Included a new paragraph three in the fourth article with the following wording: «three. It corresponds to the Court's control of economic and financial activity of the political parties registered in the registry of parties politicians of the Ministry of the Interior, as well as foundations and other organizations linked or dependent on them.
Is considered a foundation or an entity is linked is dependent on a political party when the circumstances provided for in the organic law 8/2007 of 4 July, on financing of political parties."
Four. New wording is given to the seventh article: "one. The Court of accounts may require the collaboration of all them people physical or legal, public or private that will be forced to supply you few data, States, documents, background or reports request related with the exercise of their functions audit or jurisdictional.
The State and other members of public bodies subject to control by the Court of Auditors shall provide the economic and financial information requesting them at the time of the processing of control procedures and jurisdictional. The Court of Auditors may conclude cooperation agreements with the General Administration of the State and other organs, agencies and entities for access to the information that they have pursuant to special regulations governing the information to supply in order to streamline and facilitate the exercise of its supervisory and jurisdictional function.
Two. The request was made by duct of the Ministry, community autonomous or Corporation Local corresponding.
3. Failure to comply with the requirements of the Tribunal may make the application of coercive fines established in its law of operation. If them requirements is refer to the claim of supporting of investment or expenses public and not are fulfilled in the term requested, is start of trade the appropriate record of returned.
The Court of accounts will put in knowledge of them cuts General the lack of collaboration of them forced to lend is it.
Four. Also the Court may commissioning to experts that have degree adequate to the object of inspect, review and check it documentation, books, metallic, values, goods and stock of them entities members of the sector public in them alleged to which is refers the article fourth, two, and, in general, for check the reality of them operations reflected in their accounts and issue them reports corresponding.
5. Them entities of credit will be forced to collaborate with the Court of accounts providing the documentation and information that les is required. In particular, they will be required to identify the different accounts which relate to funds of political parties, and foundations and entities linked to them or dependent on them as well as the persons authorized to carry out disposal operations charged to them.
For accounts in which quotas only entering concept of affiliation, must be provided at the request of the Court of Auditors data on balances and movements dates or periods for which it is requested. In no case must be given you, in relation to these accounts, data enabling identification of individuals affiliated to political parties.
Information on the identity of those who make the contributions shall be provided in the case of accounts with credit institutions exclusively intended for the receipt of donations and accounts that receive other contributions, in addition to the information referred to in the preceding paragraph, if, in the latter case, the cumulative amount of contributions in a calendar year exceeds 3,000.
«This information also must be object of contribution in relation to the entities and foundations linked to those parties political or dependent of them.»
5. Paragraph one of the ninth item is modified.
«One.» The supervisory function of the Court of Auditors shall refer to submission of financial and economic activity of the public sector to the principles of legality, transparency, efficiency, economy, as well as environmental sustainability and gender equality."
6. New wording is given to the twenty-first article: «article twenty-one.
One. The Court in full will be integrated by twelve counselors of accounts, one of which shall be the President, and the Fiscal.
Two. The quorum for valid Constitution of the plenary shall be two-thirds of its components and their arrangements shall be adopted by majority of attendees.
Three. (Corresponds to the full: to) exercise the function audit.
(b) consider the conflicts that affect the powers or duties of the Court.
(c) know of the resources of seam against the resolutions administrative dictated by organs of the Court.
(d) adopt and amend the rules of the Court of Auditors.
(e) other functions to be determined in the Act of operation of the Court of Auditors.'
Provision additional first. Adequacy of the amount of grants.
The overall amount of the appropriation, which is included in the General State budget for subsidies regulated in article 3 of the organic law 8/2007 of 4 July, on financing of political parties, will suit annually, in accordance with the variation that experiment the total expenditure consolidated non-interest, according to the State's general budget.
Second additional provision. Protection of personal data.
However treatments specifically collected in the present organic law, the data contained in the annual value of donations made by individuals to political parties have the status of specially protected data and are subject to the regime that establishes the organic law 15/1999, of 13 December, of protection of personal data for this category of data.
Provision additional third. Restitution or compensation of property and seized rights political parties.
Them rights and actions recognized in it law 43 / 1998, of 15 of December, of restitution or compensation to them parties political of goods and rights seized in application of the normative on responsibilities political of the period 1936-1939, may exercise is in the term of two years counted starting from the entry in force of the present law, and a time approved it standard regulatory planned in it available end first of it Law 50 / 2007 , 26 December, moment in which will start to count the time to resolve.
Within that period may be requested the revision of the earlier, denegatorios administrative acts of the recognition of the right to restitution or compensation, where the request relates to the rights defined in article 1 bis of the law 43/1998, of December 15, or is based on that resolution to review did not consider evidence or admissible criteria for its assessment pursuant to article 6 of this standard.
In the annual accounts will be referred to restitution or compensation applications filed and still unresolved.
First transitional provision. Adaptation of the statutes.
One. Political parties registered in the register must adapt its statutes to the minimum content provided in article 3.2 of the organic law 6/2002, of 27 June, political parties, at the first meeting held after the entry into force of this law, their organs which have the competence to carry out such a change. Once statutory adaptation, they shall inform the registry of political parties, which will facilitate the corresponding certificate and the new statutes. After at least three years since the entry into force of this Act without occurred this adaptation and communication to the registration, will be running the procedure laid down in article 12 bis of the organic law 6/2002, of 27 June, of political parties.
Two. In addition, and within the same time limit, if the statutes already conform to the content provided for in article 3(2) of the organic law 6/2002, of 27 June, on political parties, parties must notify registry that conform to the same modification is not necessary.
Three. The annual accounts to exercise due between the date of entry into force of this Act and the date thereof expected statutory changes in one paragraph, they must be approved by the highest management body or Government of the party between congresses.
Four. Foundations and entities linked to political parties or dependent on them shall comply with the planned obligation in paragraph 1 of the additional fourth provision of the organic law 6/2002, of 27 June, of political parties within a maximum period of 6 months from the entry into force of this law.
Available to transient second. Adaptation of the Accounting Plan.
Political parties, federations, coalitions and groups of electors included in the scope of the organic law 8/2007 of 4 July, on financing of political parties, will not be linked to provisions of the Plan of accounting-oriented policies formations adopted by agreement of the plenary of the Court of accounts 26 of September of 2013 as long as is not appropriate through new agreement of the plenary, to their adaptation to this Act in accordance with the final disposition eighth.
Third transitional provision. Consolidation of accounts of level local.
Political parties that have recognized in the statutes of autonomy of economic management to their local assemblies will have a period of one year from the entry into force of article 14 of the Basic Law 8/2007 of 4 July, on financing of political parties, in the wording given by the article Primero.Diez, to make effective the consolidation of the accounts of local.
Repealing provision. Repeal legislation.
Hereby repealed eighth additional provision of law 8/2007 of 4 July, on financing of political parties.
First final provision. Modification of the organic law 1/1985, of 1 July, the judiciary.
A new paragraph 6 is inserted in article 90 of the judicial power organization ACT.
1. in each province, with jurisdiction in all of it and headquarters in its capital, there will be one or more courts of administrative litigation.
2. where required by the volume of businesses, one or more courts of administrative litigation may be in populations that are determined by law. They will take the name of the municipality of its headquarters, and extend its jurisdiction to the appropriate party.
3. also shall create exceptionally contentious courts that extend its jurisdiction over one province within the same autonomous community.
4. in the city of Madrid, with jurisdiction in all Spain, there will be central courts of contentious will know, in first or single instance of contentious-administrative appeals against provisions and acts emanating from authorities, bodies, organs and public entities with jurisdiction throughout the national territory, in the terms that the law may provide.
5 it corresponds also to the Central Court of the contentious-administrative, by order, authorize the assignment of data allowing the identification referred to in article 8(2) of the law 34/2002, of 11 July, of services of the information society and electronic commerce, as well as the material execution of the resolutions adopted by the second section of the Commission on intellectual property that is interrupted the provision of services of the society information or withdraw contents that violate the intellectual property, in implementation of the mentioned law 34/2002 and the text revised the intellectual property Act, approved by Royal Legislative Decree 1/1996 of 12 April.
6. also will know the central courts of the contentious administrative of the procedure laid down in article 12 bis of the organic law 6/2002, of 27 June, from political parties.»
Second final provision. Modification of law 29/1998, of 13 July, regulating the contentious jurisdiction.
One. Is inserted a new paragraph 3 in article 9 of law 29/1998, of 13 July, regulating the administrative jurisdiction: «article 9.
1 the central courts of administrative litigation will know of resources which are deducted against administrative acts that they relate to: a) in single or first instance in matters of personnel as regards actions dictated by Ministers and Secretaries of State, unless confirmed in via resource, control or tutelage, acts by lower organs (, or are relating to the birth or extinction of the relationship of service of officials of career, or to the materials collected in the article 11.1. to) on personal military.
((b) in unique or first instance against acts of central bodies of the General Administration of the State in the cases referred to in paragraph 2.b) of article 8.
((c) in first or only instance of them resources administrative that is filed against them provisions General and against them acts emanating of them agencies public with personality legal own and entities belonging to the sector public State with competition in all the territory national, without prejudice of it provisions in the paragraph i) of the paragraph 1 of the article 10.
(d) in the first or only instance, of appeals against resolutions issued by Ministers and Secretaries of State in terms of liability when it claimed does not exceed 30,050 euros.
(e) in first instance, of the resolutions that agreed the inadmissibility of them requests of asylum political.
(f) in unique or first instance, of resolutions that, in way of control, they are handed down by the Spanish Committee of sporting discipline in the field of sport.
2. will correspond to them judged Central of it contentious, it authorization to is refers the article 8.2 of the law 34 / 2002 as well as authorize it execution of them acts adopted by it section second of it Commission of property intellectual so is interrupted it provision of services of the society of it information or so is withdraw contained that violate it property intellectual , in application of the law 34/2002, of 11 July, services of the society of information and electronic commerce.
3. also will know the central courts of the contentious administrative of the procedure laid down in article 12 bis of the organic law 6/2002, of 27 June, from political parties.»
Two. It introduces a new chapter V in the title V.
'CHAPTER V procedure for a judicial declaration of termination of political parties article 127 d.
(1. the procedure for the Declaration judicial of extinction of a party political is governed by it willing in the article 78, with them following specialties: to) in the demand, must specify is in what or what of them reasons collected in the article 12 bis.1 of it law organic 6 / 2002, of 27 of June, of parties political, is based the request of declaration judicial of extinction.
(b) within two months for the submission of the demand shall run from the day following the expiration of the period referred to in article 12 the same law bis.2.
(c) when the sentence declare the extinction of the party, will be notified to the record so this proceed to the cancellation of the registration.
2. the Department of Public Prosecutions shall be part of the process.'
Third final provision. Amending the organic law 3/1984 of 26 March, regulating popular legislative initiative.
Amending article 13 as follows: «article 13. Parliamentary procedure.
1 upon notice attesting to having met the required number of signatures, the table will order the publication of the proposal, which must be included in the agenda of the plenary within a maximum period of six months for taking into consideration.
2. the processing parliamentary is shall be according to what have those regulations of the cameras. In any case, the person designated by the promoter Committe will be called to appear at the Commission of the Congress of Deputies competent by virtue of the matter, prior to consideration by the plenary debate, so expose the reasons which justify the submission of the legislative popular initiative.»
Available to finish fourth. Modification of the law organic 5 / 1985, of 19 of June, of the regime Electoral General.
One. Amending article 59.
By ministerial order special rates for mailings of electoral propaganda will be fixed shall be entitled to benefit parties concurrent with a maximum of one shipment per elector in each election call that.'
Two. Amending paragraph 2 of the article one hundred and thirty-four.
«2 within the two hundred days after the elections, the Court of Auditors is pronounced, in the exercise of its supervisory function, on the regularity of the election records, and in the case that it had appreciated the accounting irregularities or violations of the restrictions set forth in the field of electoral expenditure and revenue, can start the sanctioning procedure regulated by organic law 8/2007 , on financing of political parties and propose the no award or reduction of State aid to the party, Federation, coalition or group concerned. «If second also signs of conduct constituent of crime it shall communicate to the Ministry tax.»
Three. Added a paragraph 3 to article cent fifty-three.
«3 electoral infringements consisting in overcoming political parties of electoral spending limits will be les application as provided for in the organic law 8/2007 of 4 July, on financing of political parties.»
Four. The letter is changed to) of paragraph 3 of the article one hundred and seventy-five.
«a) will be credited 0.18 euros per elector in each of the constituencies in which submitted list to the Congress of Deputies and the Senate, provided that the candidacy of reference had obtained the number of deputies or senators or votes necessary to form a parliamentary group on one or another camera.»
5. (It modifies the letter to) of the paragraph 3 of the article cent ninety and three.
«(to) is credited 0.18 euros by elector in each an of them constituencies in which has retrieved representation in them corporations local of that is try, whenever the candidacy of reference had presented lists in the 50 by 100 of them municipalities of more than 10,000 inhabitants of the province corresponding and has retrieved, at least, representation in the 50 by 100 of them same.»
6. Amending paragraph 3 of the article two hundred and twenty-seven.
Credited 0.13 Euro per elector» , provided that the candidacy had obtained at least one Deputy and at least a 15 per 100 of the valid votes cast.
(b) 0.09 euros per voter, shall be paid provided that the candidacy had obtained at least one Deputy and at least a 6 per 100 of the valid votes cast.
(c) 0,025 euro per voter, shall be paid provided that the candidacy had obtained at least one Deputy and at least a 3 by 100 of the valid votes cast.
(d) be paid 0.016 euros per elector, provided that the candidacy had obtained at least one Deputy and at least 1 per 100 of the valid votes cast.
The subsidized amount will not be included within the limit laid down in paragraph 2 of this article, provided that the effective realization of the activity referred to in this paragraph has been justified."
Fifth final provision. Modification of law 38/2003 of 17 November, General grant.
Paragraph 2 of article 13 is changed: '2. May not obtain the status of beneficiary or collaborating institution of subsidies regulated in this law the persons or entities who if any of the following circumstances, unless the nature of the subsidy it except by its regulatory: a) having been convicted by a judgment which sign the penalty of loss of the possibility of obtaining subsidies or State aid or for offences of trespass I bribery, misappropriation of public funds, traffic of influences, fraud and illegal levies or infractions.
(b) requesting the Declaration of voluntary, have been declared insolvent in any proceedings, be declared bankrupt, unless this has acquired efficiency an agreement, be subject to judicial intervention or have been disabled by law 22/2003, of July 9, bankruptcy, unless you have completed the period of disqualification set out in the statement of qualification of the contest.
(c) have given place, by cause of which had been declared guilty, to the resolution firm of any contract concluded with the administration.
(d) be involved it person physical, them administrators of them societies commercial or those that have it representation legal of others people legal, in some of them alleged of the law 3 / 2015, of 30 of March, regulatory of the exercise of the high charge of the Administration General of the State, of the law 53 / 1984, of 26 of December, of incompatibilities of the Personal to the service of them administrations public , or be of any elective posts regulated in the organic law 5/1985, of 19 June, of the General Electoral regime, in the terms set forth therein or autonomic legislation governing these matters.
(e) not find is to the current in the compliance of them obligations tax or facing it security Social imposed by them provisions in force, in the form that is determine regulations.
(f) have the fiscal residence in a country or territory qualified by law as a tax haven.
(g) not be aware of obligations by reinstatement of grants in the terms regulations are determined.
(h) have been sanctioned by resolution firm with the loss of the possibility of obtaining grants under this or other laws that so.
(i) not may access to the condition of beneficiaries them groupings provided in the article 11.3, paragraph second when concur any of them prohibitions earlier in any of their members.
"(j) the prohibitions of obtaining grants will also affect those companies which, by reason of those who govern them or other circumstances, can boast about being continued or that they derive, transformation, merger or succession, other companies that had frequented those."
Available to finish sixth. Status of ordinary law.
Has the character of law ordinary the disposal end second and the available end fifth (modification of the law 38 / 2003, of 17 of November, General of grants) of the present law.
Available to finish seventh. Assessments.
By them different subject entitled is promote them initiatives necessary to limit the attribution to the Court Supreme and to them courts superior of Justice of the competition for the prosecution of authorities and charges public.
Disposal the eighth. Plan of accounting adapted to the training policy.
The Court of Auditors will adapt to the provisions of this law, within the period of one year since its entry into force, adapted to the political groups Accounting Plan approved by agreement of the plenary session of 26 September 2013. In this adaptation he attend the peculiarities of unions, federations and confederations and permanent coalitions of parties.
Ninth final disposition. Provincial treasuries.
1. by virtue of its statutory regime, applying the Foral community of Navarre of the provisions of this law will be held, pursuant to article 64 of the organic law on the reintegration and improvement of the Foral regime of Navarre, in accordance with the economic agreement between the State and the region of Navarre.
2. in accordance with its statutory regime, application to the autonomous community of the Basque country from the provisions of this law, shall be without prejudice to the economic concert Act.
Available finish tenth. Entry in force.
This law shall enter into force the day following its publication in the "Official Gazette", except in relation to article 14 of law 8/2007 of 4 July, on financing of political parties, in the wording given by the Primero.Diez article, which will make it January 1, 2016.
Therefore, command to all them Spanish, particular and authorities, that observe and do save this law organic.
Seville, 30 of March of 2015.
The President of the Government, MARIANO RAJOY BREY
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