What institution(s) has the power to impose non-criminal sanctions for campaign finance infractions?

Romania

Romania

Answer
EMB (highest level)
Source

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. 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.

(5) The decision made according to paragraph (3) can be contested before the competent court,under the law.

[…]

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).

 

ART. 42

(1) In the situationsspecified at art. 41 paragraph (1), the offender pays to the state budget theamounts and/or the equal amount of the goods and services that made the objectof the contravention, based on the decision of the Permanent Electoral Authority.

(2) Similarly, thedonations accepted by a political party in progress of dissolution or by apolitical party that acts under an amended statute although the amendments werenot communicated to the Bucharest Court according to the legal provisions orthe court rejected the application to amend the statute, become an income tothe state budget.

ART. 43

(1) The contraventionsstipulated at art. 41 are certified by the representatives of the PermanentElectoral Authority, and the sanction applies through decision of the PermanentElectoral Authority.

(2) The decision of thePermanent Electoral Authority can be contested before the competent court,under the law.

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