60. If a particular institution is responsible for overseeing compliance with existing rules against abuse of state resources, what powers is it granted?

Lithuania

Lithuania

Answer
Refer for investigation Carry out investigation Request additional information from potential violator Request additional information from others Impose sanctions
Source

Articles 19.2(7), 19.3, 19.4, 23.2, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-25.

Articles 20.4, 23.5, 27.6, Law on political parties, as last amended on 28 November 2019, No XIII-2565.

Article 51.1, Law on elections to municipal councils, as last amended on 14 January 2020 No XIII-2786.

Comment

19.2(7): The Central Electoral Commission shall control the compliance by political campaign participants with the requirements of the law and propose to hold liable for violations of this Law or to appeal to other institutions whose competence granted by the law allow to inspect the compliance with the requirements laid down by the law.

Article 19.3: The Central Electoral Commission shall control the use of funds designated for a political campaign.

Article 19.4: The Central Electoral Commission shall be responsible for continuous timely provision of information about violations of funding of political campaigns to the Special Investigation Service of the Republic of Lithuania and to the Prosecutor General’s Office of the Republic of Lithuania.

Article 23.2: The Central Electoral Commission shall take a decision whether a political campaign participant has grossly violated this Law.

Article 20.4 of the Law on political parties: Where the Central Electoral Commission recognizes that a political party has grossly violated this Law, or has made a gross violation of the funding of a political campaign, such political party shall not be allocated state budget appropriations for a period of up to two years counting from the date of entry into force of the decision. The state budget appropriations which are not allocated due to the said reason shall be returned to the state budget.

Article 23.5 of the Law on political parties: When necessary the Central Electoral Commission shall have the right to get access in accordance with the procedure laid down by legal acts to the documents substantiating the data provided in a set of financial statements of the political party.

Article 27.6 of the Law on political parties: When monitoring the funding of political parties, the Central Electoral Commission has the right to request the information from a political party and receive information from it. A political party must submit the available information and documents required for the performance of the functions of the Central Electoral Commission no later than by the end of the term specified in the letter of the Central Electoral Commission. In case of failure to provide the information or documents necessary to decide whether a political party has committed a gross violation of the law, the Central Electoral Commission has the right to suspend the allocation of state budget appropriations until the information and documents referred to in this paragraph are submitted.

Article 51.1 of the Law on elections to municipal councils: Anyone shall be prohibited from taking advantage of his official position in state, municipal institutions or institutions of European Union, agencies or organisations, as well as in the Lithuanian national radio and television, regional broadcasters or municipal mass media for carrying out election campaigning or from instructing other persons to do so, or from trying to influence the will of voters in any other manner by taking advantage of his official position. State, municipal officials or officials of European Union, civil servants  shall be prohibited from taking advantage of their official position in order to provide exclusive conditions for campaigning for themselves, the party, the election committee, or the candidate which was nominated or has nominated himself for municipal councillor and mayor. Persons infringing this Article shall be liable in accordance with the procedure laid down by law, without prejudice to Protocol No 7 'On the Privileges and Immunities of the European Union' (OJ 2016 C 202, p. 266) annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community. 

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