What types of sanctions can be imposed for campaign finance infractions?

LAW No. 334 of July 17, 2006 ***Republished,on the financing of the activity of political parties and election campaigns PUBLISHED IN:THE OFFICIAL GAZETTE NO. 510 of July 22, 2010 http://www.lege-online.ro/lr-LEGE-334-2006-%28120830%29.html

ART. 19

(1) The subsidy from thestate budget can be temporarily suspended through decision of the PermanentElectoral Authority for breach of the provisions stipulated at art. 3 paragraph(3), art. 4 paragraph (4), art. 9, art. 11 paragraph (3), art. 12 paragraph(1), art. 13 paragraph (4), art. 39 and art. 40 paragraph (2) until compliancewith the legal requirements is ensured.

(2) The Permanent ElectoralAuthority notifies in advance the political party on the noted irregularitiesand the term for the remedy thereof.

(3) The term granted topolitical parties to remedy any irregularities cannot exceed 15 days.

(4) The decision totemporarily suspend the monthly installments from the state budget can becontested within 15 days as of the communication, before the competentadministrative court which has to make a decision within 15 days as of thenotification. The court decision is final and binding.

(5) During the temporarysuspension of the subsidy, it is kept by the Permanent Electoral Authority asmandate amounts until the final decision of the court and it does not make theobject of a refund to the state budget at the end of the year.

(6) Within 10 days as ofthe written notification of the political party referring to the remedy of suchirregularities, the Permanent Electoral Authority decides on cancelling thesuspension of the monthly installments.

Art. 39 (1) In order tocheck the lawfulness of money paid and received by political parties, thePermanent Electoral Authority can ask for further statements and documents itdeemed necessary.

(2) Political parties must submit the requested documents within 15 daysto the representatives of the Permanent Electoral Authority.

(3) Within 30 days as of the reception of the report or, as applicable,of the further documents requested, the Permanent Electoral Authority makes adecision on the accuracy of the electoral accounting books and on thelawfulness of the payments that were made.

(4) If it discovers any irregularities, the sanctions stipulated by thislaw shall apply.

 […]

ART. 41

(1) The breach of theprovisions stipulated at: art. 3 paragraphs (2) and (3), art. 4paragraphs (3)and (4), art. 5, 6, 7, 8, 9, art. 10 paragraphs (2) and (3), art. 11 paragraphs(1) and (3), art. 12 paragraphs (1) and (3), art. 13 paragraphs (1) and (2),art. 20 paragraph (2), art. 23, art. 24 paragraph (1), art. 25 paragraphs (1)and (2), art. 26 paragraphs (1), (3), (4), (11) and (13), art. 29 paragraphs(2) - (4) and (6), art. 30 paragraphs (3) and (4), art. 31, 38 and art. 39paragraph (2) are contraventions and are sanctioned with a fine between RON5,000 and 25,000.

(2) The sanctions can beused, as applicable, against the political party, independent candidate,financial representative and/or donor who breached the provisions of paragraph(1).

OSCE/ODIHR Election Expert Team Final Report, Parliamentary Elections 9December, 2012 Romania, Warsaw 16 January, 2013 http://www.osce.org/odihr/elections/98757

Political finance is primarily regulated by the Political Finance Lawand government decisions implementing the law. The PEA has the authority tomonitor compliance with the political finance regulations, can initiateinvestigations at the request of any interested person or ex officio, issuefines, and refer matters for court action. Convictions for offences related to political financingcan lead to the annulment of an individual’s mandate and removal from office.

No later than 15 days after the elections, electoral contestants mustsubmit detailed financial reports on incomes and expenditures to the PEA.Candidates are not installed until a detailed report has been submitted inaccordance with the law. All reports are to be published in the Official Gazetteand on the PEA website. Additionally, electoral contestants have to submit adeclaration of adherence to the campaign expenditure ceilings to the PEA priorto their installment.

The PEA has 30 days to check these reports, but the scope of its reviewis limited to checking whether the declared expenditures match the declareddonations without a thorough audit of actual expenditures. OSCE/ODIHR EETinterlocutors attributed this to a lack of political will, the PEA’s limitedcapacity to conduct audits of this nature, and a lack of co-operation withother specialized bodies that have responsibilities for financial oversight,such as the National Anticorruption Directorate and the National IntegrityAgency.

Withdrawal of public funding will be in the form of temporary suspension of subsidy from state budget. 

OSCE/ODIHR Report also mentions that “Convictions for offences relatedto political financing can lead to the annulment of an individual’s mandate andremoval from office”. (see sources)