44. Are there limits on traditional media advertising spending in relation to election campaigns?

Article 44:
During the electoral campaign period, candidates shall be authorized to use the national media only. The Independent High Commission for Elections shall regulate the use of media according to the principles referred to in article 1 of this decree and shall take the necessary measures for this purpose.
Article 45:
The Independent High Commission for Elections shall work on removing all obstacles that violate the principle of freedom of access to media on the basis of non-discriminatory treatment of all the lists of candidates and on the basis of precise criteria for the respect of privacy, human dignity, rights of others, and public order.
The Independent High Commission for Elections shall set forth the campaigning programs technical standards and rules to be observed by public and private media and communication institutions. Each private media institution shall prepare a program for the distribution of broadcasting shares and spaces allocated to the campaigners and shall submit it to the approval of the Independent High Commission for Elections.
Article 46:
The Independent High Commission for Elections shall specify the rules and procedures of the campaign, including the air time shares, the programs and spaces allocated to each list of candidates, in addition to the distribution and timing thereof in the various media, and this upon consultation with the different stakeholders and based on respecting the principles of pluralism, transparency, equality and equal opportunities.

Source Decree nr 35 , 2011

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Two appeals for an excess of power filed by the UPL and the PDP against the ban on political advertising at the Administrative Tribunal raised another legal problem. These actions are not effective because they should have followed the procedure of an application for interim relief requesting a stay, instead of asking for a judgment on the merits that can be rendered by the Administrative Court sine die.' Source EU EOM 2011