What institution(s) has the power to impose non-criminal sanctions for campaign finance infractions?
Greece
- Audit Agency
- Ministry of Interior, Special Supreme Court
Law3023/2002 Article 18: Publication of the balance sheet and the special reporton electoral income and expenditure
1. Political parties and coalitions of parties who receive regular statefunding publish each year a balance sheet of income and expenditure. The balance sheet is published during thefirst two months of each year in at least two daily newspapers in Athens.
2. Political Parties and Coalitionswho receive electoral state funding must, within two (2) months after the elections or the elections for Greek representatives in the European Parliament, prepareand publish a special report of electoral income and expenditure, which shallrecord, with reference to the relevant document, the amounts raised by theParty or Coalition during the elections campaign, and the electoral expenses ofarticle 5 paragraph
The special report of electoral income and expenditure is published inthe above period in the relevant part of the Government Gazette. The data included in this special report andany require detail are stipulated by a joint decision of the Ministers of Interior, Public Administration and Decentralization and of Economy and Finance, published in the Government Gazette.
3. The preparation of the balancesheet must comply with the rules and structures of the General Accounting Planand the relevant regulatory documents governing its application. The manner inwhich the balance sheet is prepared and the specific data included in it aredetermined by a joint decision of the Ministers of Economy and Finance and of Interior,
Public Administration and Decentralization.
4. A copy of the balance sheet and the special report of electoral incomeand expenditure and of the newspaper issues and the relevant issue of the Government Gazette in which they were published, are sent by theParties within fifteen (15) days ofpublication to the Audit Commission of article 21, and to the Minister of Interior, Public Administration and Decentralization.
Law3023/2002, Article 19: Publication of electoral income and expenditure ofparties that do not receive statefunding
1. Parties and Coalitions that took part, independently or in a coalition, in general or supplemental elections or elections for the Greek representatives in the European Parliament and arenot eligible for regular or electoral state funding have the obligation topublish a special report of electoral income and expenditure within two (2)months of the elections in the relevant issue of the Government Gazette.
2. A copy of the situation of electoral income and expenditure and the issue of theGovernment Gazette in which it was published, are sent to the Commission of article 21 within fifteen (15) days of publication.
Law3023/2002, Article 20: Situations of electoral income and expenditure ofparliamentary candidates
1.a. Members of parliaments elected in the general or supplementalparliamentary elections have the obligation to prepare an analytical situationincluding, by categories, their electoral income and expenditure and mentioningthe relevant documents and a summary situation of their electoral income andexpenditure. b. The same obligationapplies to substitutes on the lists of parties or coalitions of parties whowere elected in the parliament, with the following distinctions: i) The firstsubstitute for the electoral regions in which one to five members of parliamentare elected. ii) The first
two substitutes where six to ten members of parliament are elected. iii) The first three substitutes for the electoral region ASalonica. iv) The first four substitutes for the electoral region A Athens andv) The first five substitutes for the electoral region B Athens. c. If a substitute is appointed as member orparliament in excess of the above categories,
the new member of parliament has the obligation to submit the analytical situation of casea) of this article to the Commission under article 21 of this law within thirty (30) days of being sworn in.
d. i) Parliamentary candidates against which a written and nominative claim has been submitted with the Local Commission for the Control of Electoral Violations of article 21, paragraph 9 of this law, for exceeding the maximum limit of electoral expenses and after complying with the procedure of the same paragraph, have the obligation to submit the analytical situation under case a) of this article. ii) For this purpose, they are notified in writing by the Audit Commission of article 21 paragraph 1 of thislaw. The submission of the analytical situation and documents is done by thecandidate within the exclusive period of one month of being notified of theabove claim.
2. The analytical situation of electoral income and expenditure and therelated documentary evidence are submitted within forty (40) days of the vote,with the Commission of article 21. The analytical situation includes the names of the persons who paid amounts over one hundred and fifty (150) Euros to the parliamentary candidate in supportof their campaign.
3. The specific method for preparing the analytical situation and every detail on theapplication of the provisions of this article shall be regulated by a decisionof the Ministers of Economy and Finance and of Interior, Public Administrationand Decentralisation, which shall be published in the Government Gazette.
Law 3023/2002, Article 26: Losingthe parliament membership
1. In case of: a. violation of article 12, paragraph1, case e.i) and b. violation of article 14, paragraphs 1 to 4, the Audit Commission of article 21 sends the file with all the documentary evidence and data to the Superior Special Court under article 100 of the Constitution which, after assessing the evidence, applies the penalty of losing the parliament membership.2. The Superior Special Court follows the procedure of Law 345/1976 (GG141A), as applicable in each case.3. A prerequisite for the acceptable contestation under article 39 of Law 345/1976 (GG141A) for losing the parliamentmembership under paragraph 1 of this article is the prior submission of a written and nominative claim at the Local Commission for the Control of Electoral Violations,according to the special provisions of article 21 paragraph 9 of this law.
http://www.coe.int/t/dghl/monitoring/greco/evaluations/round3/GrecoEval3(2009)9_Greece_Two_EN.pdf
