Greco recommendation
Consequently, the GET recommends
(i) to ensure that all forms of income, expenditure, assets and debts are accounted for by political parties in a
comprehensive manner and following a consistent format and that their accounts also
include the finances of local branches of parties;
(ii) to seek ways of increasing the transparency of the finances of other entities which are related directly or indirectly to political parties or under their control, and
(iii) to ensure that the accounting information is made public in a timely and sufficiently comprehensive manner
As a consequence, the GET recommends
to introduce a general requirement for political parties, elected representatives and election candidates to disclose all individual donations (including of a non-monetary nature and sponsoring) they receive above a certain value together with the identity of the donor.
In the light of the above, the GET recommends to introduce specific reporting of all income and expenditure relating to election campaigns by political parties and election candidates in respect of all types of elections, that such information should include non-monetary or benefit-in-kind contributions received by the party or the candidate and expenditure incurred on the party’s or candidate’s behalf and that such information should be disclosed to the wider public at appropriate intervals.
The GET therefore recommends to ensure independent auditing in respect of political parties’ books and accounts, as appropriate, prior to their submission for external monitoring.
In view of the above, the GET recommends
(i) to clarify that the monitoring of political parties’ annual accounts goes beyond the auditing of incomes and expenditure;
(ii) to ensure that income funding an election campaign and all expenditure incurred in relation to the election are accounted for in the statement furnished to the Auditor General at election campaigns and to provide
for clear rules for the submission of such statements to the Auditor General; and
(iii) to provide an independent supervisory mechanism in respect of election candidates’ income
and expenditure.
The GET recommends that flexible sanctions be introduced for violations of the legislation concerning the submission of election statements in respect of election candidates.
V. CONCLUSIONS
73. Public life in Cyprus is strongly interlinked with the various political parties and the political
election system is dominated by the parties as opposed to individual candidates. Political parties
represented in Parliament have since 1991 been receiving substantial funding from the State, but
this funding has not been conditioned with many statutory rules. In addition to public funding, it
appears that the dominant political parties also obtain considerable funds from private sources
and the longstanding lack of regulation in this respect has been a matter of controversy and
concern in Cyprus for many years. With the adoption of the Law on Providing for Registration,
Funding of Political Parties and other Similar Matters (Political Parties Law) on 10 February 2011,
a number of issues in respect of political financing have for the first time been regulated by law in
Cyprus. The Political Parties Law introduces, inter alia, a generic definition of political parties, a
coherent party registration regime and makes it clear that political parties are legal persons.
Moreover, the Political Parties Law provides general criteria for the allocation of state funding and
such funding has been extended to also cover parties which are not represented in Parliament.
Concerning the funding of political parties by private sources the Political Parties Law introduces
a prohibitions to contributions from, inter alia, public authorities or from foreign companies.
Furthermore, donations from natural persons and legal persons are limited to certain monetary
values, subject to sanctions. Moreover, the Political Parties Law provides the Auditor General
with the authority to perform monitoring of political party financing. The Cypriot authorities should
be commended for having established this legal framework which clearly represents a step in the
right direction. Having said that, the new legislation does not sufficiently address all major areas
to provide for sufficient transparency of private funding of political parties as required by
Recommendation Rec(2003)4 on Common Rules against Corruption in the Funding of Political
Parties and Electoral Campaigns. A major shortcoming is that there are no obligations upon
political parties to report and make public the sources of private donations including
sponsorships. The law is also rather general in character and certain issues, such as accounting
requirements specific to political parties and deadlines for submission of accounts and financial
statements would require further regulation. The establishment of a monitoring mechanism under
the Auditor General is an important achievement; however, the scope of this monitoring needs
further clarification, both in relation to the monitoring of parties’ regular accounts and the statements relating to election campaigns. Moreover, the monitoring mechanism of candidates is
not sufficiently independent and could well be more aligned with that provided for in respect of
political parties. It goes without saying that the new legislation in Cyprus needs to be assessed in
terms of its effectiveness, once it has become operational in practice.
74. In view of the above, GRECO addresses the following recommendations to Cyprus:
i. (i) to ensure that all forms of income, expenditure, assets and debts are accounted for by political parties in a comprehensive manner and following a consistent format and that their accounts also include the finances of local branches of parties;
(ii) to seek ways of increasing the transparency of the finances of other entities which are related directly or indirectly to political parties or under their control, and
(iii) to ensure that the accounting information is made public in a timely and sufficiently comprehensive manner (paragraph 65);
ii. to introduce a general requirement for political parties, elected representatives and election candidates to disclose all individual donations (including of a nonmonetary nature and sponsoring) they receive above a certain value together with the identity of the donor (paragraph 66);
iii. to introduce specific reporting of all income and expenditure relating to election campaigns by political parties and election candidates in respect of all types of elections, that such information should include non-monetary or benefit-in-kind contributions received by the party or the candidate and expenditure incurred on
the party’s or candidate’s behalf and that such information should be disclosed to the wider public at appropriate intervals (paragraph 67);
iv. to ensure independent auditing in respect of political parties’ books and accounts, as appropriate, prior to their submission for external monitoring (paragraph 68);
v. (i) to clarify that the monitoring of political parties’ annual accounts goes beyond the auditing of incomes and expenditure; (ii) to ensure that income funding an election campaign and all expenditure incurred in relation to the election are accounted for in the statement furnished to the Auditor General at election
campaigns and to provide for clear rules for the submission of such statements to the Auditor General; and (iii) to provide an independent supervisory mechanism in respect of election candidates’ income and expenditure (paragraph 70);
vi. that flexible sanctions be introduced for violations of the legislation concerning the submission of election statements in respect of election candidates (paragraph 72).
Consequently, the GET recommends
(i) to ensure that all forms of income, expenditure, assets and debts are accounted for by political parties in a
comprehensive manner and following a consistent format and that their accounts also
include the finances of local branches of parties;
(ii) to seek ways of increasing the transparency of the finances of other entities which are related directly or indirectly to political parties or under their control, and
(iii) to ensure that the accounting information is made public in a timely and sufficiently comprehensive manner
As a consequence, the GET recommends
to introduce a general requirement for political parties, elected representatives and election candidates to disclose all individual donations (including of a non-monetary nature and sponsoring) they receive above a certain value together with the identity of the donor.
In the light of the above, the GET recommends to introduce specific reporting of all income and expenditure relating to election campaigns by political parties and election candidates in respect of all types of elections, that such information should include non-monetary or benefit-in-kind contributions received by the party or the candidate and expenditure incurred on the party’s or candidate’s behalf and that such information should be disclosed to the wider public at appropriate intervals.
The GET therefore recommends to ensure independent auditing in respect of political parties’ books and accounts, as appropriate, prior to their submission for external monitoring.
In view of the above, the GET recommends
(i) to clarify that the monitoring of political parties’ annual accounts goes beyond the auditing of incomes and expenditure;
(ii) to ensure that income funding an election campaign and all expenditure incurred in relation to the election are accounted for in the statement furnished to the Auditor General at election campaigns and to provide
for clear rules for the submission of such statements to the Auditor General; and
(iii) to provide an independent supervisory mechanism in respect of election candidates’ income
and expenditure.
The GET recommends that flexible sanctions be introduced for violations of the legislation concerning the submission of election statements in respect of election candidates.
V. CONCLUSIONS
73. Public life in Cyprus is strongly interlinked with the various political parties and the political
election system is dominated by the parties as opposed to individual candidates. Political parties
represented in Parliament have since 1991 been receiving substantial funding from the State, but
this funding has not been conditioned with many statutory rules. In addition to public funding, it
appears that the dominant political parties also obtain considerable funds from private sources
and the longstanding lack of regulation in this respect has been a matter of controversy and
concern in Cyprus for many years. With the adoption of the Law on Providing for Registration,
Funding of Political Parties and other Similar Matters (Political Parties Law) on 10 February 2011,
a number of issues in respect of political financing have for the first time been regulated by law in
Cyprus. The Political Parties Law introduces, inter alia, a generic definition of political parties, a
coherent party registration regime and makes it clear that political parties are legal persons.
Moreover, the Political Parties Law provides general criteria for the allocation of state funding and
such funding has been extended to also cover parties which are not represented in Parliament.
Concerning the funding of political parties by private sources the Political Parties Law introduces
a prohibitions to contributions from, inter alia, public authorities or from foreign companies.
Furthermore, donations from natural persons and legal persons are limited to certain monetary
values, subject to sanctions. Moreover, the Political Parties Law provides the Auditor General
with the authority to perform monitoring of political party financing. The Cypriot authorities should
be commended for having established this legal framework which clearly represents a step in the
right direction. Having said that, the new legislation does not sufficiently address all major areas
to provide for sufficient transparency of private funding of political parties as required by
Recommendation Rec(2003)4 on Common Rules against Corruption in the Funding of Political
Parties and Electoral Campaigns. A major shortcoming is that there are no obligations upon
political parties to report and make public the sources of private donations including
sponsorships. The law is also rather general in character and certain issues, such as accounting
requirements specific to political parties and deadlines for submission of accounts and financial
statements would require further regulation. The establishment of a monitoring mechanism under
the Auditor General is an important achievement; however, the scope of this monitoring needs
further clarification, both in relation to the monitoring of parties’ regular accounts and the statements relating to election campaigns. Moreover, the monitoring mechanism of candidates is
not sufficiently independent and could well be more aligned with that provided for in respect of
political parties. It goes without saying that the new legislation in Cyprus needs to be assessed in
terms of its effectiveness, once it has become operational in practice.
74. In view of the above, GRECO addresses the following recommendations to Cyprus:
i. (i) to ensure that all forms of income, expenditure, assets and debts are accounted for by political parties in a comprehensive manner and following a consistent format and that their accounts also include the finances of local branches of parties;
(ii) to seek ways of increasing the transparency of the finances of other entities which are related directly or indirectly to political parties or under their control, and
(iii) to ensure that the accounting information is made public in a timely and sufficiently comprehensive manner (paragraph 65);
ii. to introduce a general requirement for political parties, elected representatives and election candidates to disclose all individual donations (including of a nonmonetary nature and sponsoring) they receive above a certain value together with the identity of the donor (paragraph 66);
iii. to introduce specific reporting of all income and expenditure relating to election campaigns by political parties and election candidates in respect of all types of elections, that such information should include non-monetary or benefit-in-kind contributions received by the party or the candidate and expenditure incurred on
the party’s or candidate’s behalf and that such information should be disclosed to the wider public at appropriate intervals (paragraph 67);
iv. to ensure independent auditing in respect of political parties’ books and accounts, as appropriate, prior to their submission for external monitoring (paragraph 68);
v. (i) to clarify that the monitoring of political parties’ annual accounts goes beyond the auditing of incomes and expenditure; (ii) to ensure that income funding an election campaign and all expenditure incurred in relation to the election are accounted for in the statement furnished to the Auditor General at election
campaigns and to provide for clear rules for the submission of such statements to the Auditor General; and (iii) to provide an independent supervisory mechanism in respect of election candidates’ income and expenditure (paragraph 70);
vi. that flexible sanctions be introduced for violations of the legislation concerning the submission of election statements in respect of election candidates (paragraph 72).
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