Bans and limits on private income |
| Is there a ban on donations from foreign interests to political parties? |
Yes. Article 7 (6), Law 3023/2002 (amended by art.5, Law 4304/2014). The following entities are banned to receive any kind of state resources: a) natural persons who don't have greek nationality and legal persons that are not established in greek territory; b) legal person governed by public law and working in public sector; c) organizations from local governance from all levels; d) natural persons who are owners or publishers of national or local press, magazines, television stations, and radio stations.
(Article 7(6), Law 3023/2002, amended 2014) |
| Is there a ban on donations from foreign interests to candidates? |
Yes. Article 7 (6), Law 3023/2002 (amended by art.5, Law 4304/2014). The following entities are banned to receive any kind of state resources: a) natural persons who don't have greek nationality and legal persons that are not established in greek territory; b) legal person governed by public law and working in public sector; c) organizations from local governance from all levels; d) natural persons who are owners or publishers of national or local press, magazines, television stations, and radio stations.
(Article 7(6), Law 3023/2002, amended 2014) |
| Is there a ban on corporate donations to political parties? |
Yes. Article 7 (6), Law 3023/2002 (amended by art.5, Law 4304/2014). The following entities are banned to receive any kind of state resources: a) natural persons who don't have greek nationality and legal persons that are not established in greek territory; b) legal person governed by public law and working in public sector; c) organizations from local governance from all levels; d) natural persons who are owners or publishers of national or local press, magazines, television stations, and radio stations.
(Article 7(6), Law 3023/2002, amended 2014) |
| Is there a ban on corporate donations to candidates? |
Yes. Article 7 (6), Law 3023/2002 (amended by art.5, Law 4304/2014). The following entities are banned to receive any kind of state resources: a) natural persons who don't have greek nationality and legal persons that are not established in greek territory; b) legal person governed by public law and working in public sector; c) organizations from local governance from all levels; d) natural persons who are owners or publishers of national or local press, magazines, television stations, and radio stations.
(Article 7(6), Law 3023/2002, amended 2014) |
| Is there a ban on donations from corporations with government contracts to political parties? |
Yes. Article 7 (6), Law 3023/2002 (amended by art.5, Law 4304/2014). The following entities are banned to receive any kind of state resources: a) natural persons who don't have greek nationality and legal persons that are not established in greek territory; b) legal person governed by public law and working in public sector; c) organizations from local governance from all levels; d) natural persons who are owners or publishers of national or local press, magazines, television stations, and radio stations.
(Article 7(6), Law 3023/2002, amended 2014) |
| Is there a ban on donations from corporations of partial government ownership to political parties? |
Yes. Article 7 (6), Law 3023/2002 (amended by art.5, Law 4304/2014). The following entities are banned to receive any kind of state resources: a) natural persons who don't have greek nationality and legal persons that are not established in greek territory; b) legal person governed by public law and working in public sector; c) organizations from local governance from all levels; d) natural persons who are owners or publishers of national or local press, magazines, television stations, and radio stations.
(Article 7(6), Law 3023/2002 (amended by art.5, Law 4304/ 2014)) |
| Is there a ban on donations from corporations with government contracts to candidates? |
Yes. Article 7 (6), Law 3023/2002 (amended by art.5, Law 4304/2014). The following entities are banned to receive any kind of state resources: a) natural persons who don't have greek nationality and legal persons that are not established in greek territory; b) legal person governed by public law and working in public sector; c) organizations from local governance from all levels; d) natural persons who are owners or publishers of national or local press, magazines, television stations, and radio stations.
(Article 7(6), Law 3023/2002, amended 2014) |
| Is there a ban on donations from corporations of partial government ownership to candidates? |
Yes. Article 7 (6), Law 3023/2002 (amended by art.5, Law 4304/2014). The following entities are banned to receive any kind of state resources: a) natural persons who don't have greek nationality and legal persons that are not established in greek territory; b) legal person governed by public law and working in public sector; c) organizations from local governance from all levels; d) natural persons who are owners or publishers of national or local press, magazines, television stations, and radio stations.
(Article 7(6), Law 3023/2002, amended 2014) |
| Is there a ban on donations from Trade Unions to political parties? |
Yes. Article 7 (6), Law 3023/2002 (amended by art.5, Law 4304/2014). The following entities are banned to receive any kind of state resources: a) natural persons who don't have greek nationality and legal persons that are not established in greek territory; b) legal person governed by public law and working in public sector; c) organizations from local governance from all levels; d) natural persons who are owners or publishers of national or local press, magazines, television stations, and radio stations.
(Article 7(6), Law 3023/2002, amended 2014) |
| Is there a ban on donations from Trade Unions to candidates? |
Yes. Article 7 (6), Law 3023/2002 (amended by art.5, Law 4304/2014). The following entities are banned to receive any kind of state resources: a) natural persons who don't have greek nationality and legal persons that are not established in greek territory; b) legal person governed by public law and working in public sector; c) organizations from local governance from all levels; d) natural persons who are owners or publishers of national or local press, magazines, television stations, and radio stations.
(Article 7(6), Law 3023/2002, amended 2014) |
| Is there a ban on anonymous donations to political parties? |
Yes. Funding can be performed by any other method allows connection of the offered amount by a natural or legal person who can be identified.
(Article 7 bis, Law 3023/2002, amended 2014) |
| Is there a ban on anonymous donations to candidates? |
Yes. Funding can be performed by any other method allows connection of the offered amount by a natural or legal person who can be identified.
(Article 7 bis, Law 3023/2002, amended 2014) |
| Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? |
Yes. Article 7 (6), Law 3023/2002 (amended by art.5, Law 4304/2014). The following entities are banned to receive any kind of state resources: a) natural persons who don't have greek nationality and legal persons that are not established in greek territory; b) legal person governed by public law and working in public sector; c) organizations from local governance from all levels; d) natural persons who are owners or publishers of national or local press, magazines, television stations, and radio stations.
(Article 7(6), Law 3023/2002, amended 2014) |
| Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? |
Yes. Funding of parties by the same person during the same year cannot exceed EUR20,000.
(Article 8 (1), Law 3023/200 , amended 2014) |
| Is there a limit on the amount a donor can contribute to a political party in relation to an election? |
Yes. Funding of parties by the same person during the same year cannot exceed EUR20,000.
(Article 8 (1), Law 3023/2002, amended 2014) |
| Is there a limit on the amount a donor can contribute to a candidate? |
Yes. Funding of a candidate by the same person during the same year cannot exceed EUR5,000
(Article 8 (2), Law 3023/2002, amended 2014) |
| Eligibility criteria for direct public funding to political parties: Share of votes in previous election |
Yes. Article 1(1)(f), Law 3023/2002 (amended by art.1, Law 4304/2014). Beneficiaries of state funding: a) Political parties and coalitions of parties represented in the Greek Parliament with elected representatives in the last general election of the combinations of the same party or coalition. b) Political parties and coalitions, which in the last general election nominated a full list of candidates at least 70% of the electoral districts of the country and obtained a number of votes at least equal to 1.5% of the total valid votes cast countrywide. c) Political parties and coalitions that have representatives in the European Parliament elected in the last elections. d) Political parties and coalitions, which in the last elections for Greek representatives in the European Parliament raised a number of votes at least equal to 1.5% of the total valid votes countrywide.
(Article 1(1)(f), Law 3023/2002, amended 2014 ) |
| Eligibility criteria for direct public funding to political parties: Representation in elected body |
Yes. Article 1(1)(f), Law 3023/2002 (amended by art.1, Law 4304/2014). Beneficiaries of state funding: a) Political parties and coalitions of parties represented in the Greek Parliament with elected representatives in the last general election of the combinations of the same party or coalition. b) Political parties and coalitions, which in the last general election nominated a full list of candidates at least 70% of the electoral districts of the country and obtained a number of votes at least equal to 1.5% of the total valid votes cast countrywide. c) Political parties and coalitions that have representatives in the European Parliament elected in the last elections. d) Political parties and coalitions, which in the last elections for Greek representatives in the European Parliament raised a number of votes at least equal to 1.5% of the total valid votes countrywide.
(Article 1(1)(f), Law 3023/2002, amended 2014) |
| Eligibility criteria for direct public funding to political parties: Participation in election |
No. Absent from legal framework
|
| Eligibility criteria for direct public funding to political parties: Number of candidates |
No. Absent from legal framework
|
| Eligibility criteria for direct public funding to political parties: Share of seats in previous election |
No. Absent from legal framework
|
| Eligibility criteria for direct public funding to political parties: Share of votes in next election |
No. Absent from legal framework
|
| Eligibility criteria for direct public funding to political parties: Registration as a political party |
No. Absent from legal framework
|
| Eligibility criteria for direct public funding to political parties: Share of seats in next election |
No. Absent from legal framework
|
| Eligibility criteria for direct public funding to political parties: Number of members |
No. Absent from legal framework
|
| Eligibility criteria for direct public funding to political parties: Other |
No. Absent from legal framework
|
| Allocation calculations for direct public funding to political parties: Proportional to votes received |
Yes. Article 1(1)(f), Law 3023/2002 (amended by art.1, Law 4304/2014). Beneficiaries of state funding: a) Political parties and coalitions of parties represented in the Greek Parliament with elected representatives in the last general election of the combinations of the same party or coalition. b) Political parties and coalitions, which in the last general election nominated a full list of candidates at least 70% of the electoral districts of the country and obtained a number of votes at least equal to 1.5% of the total valid votes cast countrywide. c) Political parties and coalitions that have representatives in the European Parliament elected in the last elections. d) Political parties and coalitions, which in the last elections for Greek representatives in the European Parliament raised a number of votes at least equal to 1.5% of the total valid votes countrywide.
Article 3, Law 3023/2002 (amended by art.2, Law 4304/2014). (1) The total amount of regular state funding is distributed to state funding beneficiaries as follows: (a) The 80% is paid to beneficiaries as indicated in article 1, paragraph 1 and distributed among them as defined in paragraph 3 of this Article. (b) The 10% is paid to parties elected in the European Parliament. (c) The 10 % is distributed to parties participating in electoral coalitions. (3) The allocation of regular state funfing between the beneficiaries listed in article 1 paragraph 1, is divided by the total number of valid ballots gahtered by parties and coalitions in the same category.
(Article 1(1)(f), Article 3, Law 3023/2002, amended 2014) |
| Allocation calculations for direct public funding to political parties: Equal |
No. Absent from legal framework
|
| Allocation calculations for direct public funding to political parties: Proportional to seats received |
No. Absent from legal framework
|
| Allocation calculations for direct public funding to political parties: Flat rate by votes received |
No. Absent from legal framework
|
| Allocation calculations for direct public funding to political parties: Share of expenses reimbursed |
No. Absent from legal framework
|
| Allocation calculations for direct public funding to political parties: Proportional to candidates fielded |
No. Absent from legal framework
|
| Allocation calculations for direct public funding to political parties: Number of members |
No. Absent from legal framework
|
| Allocation calculations for direct public funding to political parties: Other |
No. Absent from legal framework
|
| Earmarking provisions for direct public funding to political parties: Campaign spending |
Yes. The total amount of state-run electoral funding shall be distributed to beneficiaries as follows: a. In the case of parliamentary elections fifty per cent (50%) shall be paid to the beneficiaries referred to in paragraph 1 of Article 1 and ten per cent (10%) is paid to persons under its heading paragraph 1 of Article 1 of the beneficiaries. In the event of an election for the Election of Members of the European Parliament, fifty percent (50%) shall be paid to the beneficiaries referred to in paragraph 1 (1) of Article 1 and ten per cent (10%) is paid to the underlying item paragraph 1 of Article 1 of the beneficiaries. b. A percentage of forty percent (40%) is paid to the items fb and ff of Article 1 (1) of the beneficiaries and shall be allocated in accordance with the provisions laid down in paragraph 3 of this Article. The percentage of this share is shared the beneficiaries referred to in Article 1 (1) and (1). With decision of the Minister of the Interior, issued no later than eight (8) days after an announcement of the elections and published in the Government Gazette, the beneficiaries referred to in Article 1 (1) and (1) shall be determined and the amount of funding paid to each. In the case of a notice elections before the end of the parliamentary term is issued, with the above procedure, decision to fix the funding rate in eight (8) days after the notice, unless a decision has already been taken in accordance with the subparagraph. By a similar decision, issued no later than two (2) months after the elections are held, the parties and the coalitions that fall are defined in the case of b 'and the amount of funding paid to each.
(Article 3(2), Law 3023/2002, amended 2014) |
| Earmarking provisions for direct public funding to political parties: Ongoing party activities |
Yes. For the allocation of ordinary government funding among the items under ' of Article 1 (1) of the beneficiaries and of the electoral financing, the amount available for each of the above categories is divided by the total the number of valid ballots collected by the parties and the coalition belong to the same category. This quotient is multiplied by the number of valid ballot papers gathered by each party or coalition and the product corresponds to the amount that the Party or Coalition is entitled to
(Article 3(3), Law 3023/2002, amended 2014) |
| Earmarking provisions for direct public funding to political parties: Intra-party institution |
No. Absent from legal framework
|
| Earmarking provisions for direct public funding to political parties: Other |
Yes. For the allocation of ordinary government funding among the items under ' of Article 1 (1) of the beneficiaries and of the electoral financing, the amount available for each of the above categories is divided by the total the number of valid ballots collected by the parties and the coalition belong to the same category. This quotient is multiplied by the number of valid ballot papers gathered by each party or coalition and the product corresponds to the amount that the Party or Coalition is entitled to
(Article 3(3), Law 3023/2002, amended 2014) |
| Allocation criteria for free or subsidized access to media for political parties: Equal |
No. Absent from legal framework
|
| Allocation criteria for free or subsidized access to media for political parties: Number of candidates |
Yes. By the joint ministerial decision of paragraph 1, in the same procedure and with proportionality criterion, determine the time spent on newscasts public and private radio and television stations for the presentation of the election of parties and party alliances
(Article 10(2), Law 3023/2002, amended 2014) |
| Allocation criteria for free or subsidized access to media for political parties: Share of seats |
No. Absent from legal framework
|
| Allocation criteria for free or subsidized access to media for political parties: Other |
Yes. "free broadcasting time on public and private radio and television channels is allocated to political parties in order for them to broadcast their positions and programmes. This free air time is allocated to the parties on a proportional basis, according to a joint ministerial declaration published in the Official Gazette and is not subject to taxation. The parties that are running in elections but are not represented in Parliament are allocated a minimum broadcasting time (Article 10, Law 3023/2002);" (p. 9) (GRECO (2010) Evaluation Report on Greece on Transparency of Party Funding, GRECO (Theme II))
(Article 10, Law 3023/2002, amended 2014) |
| Are there provisions for free or subsidized access to media for candidates? |
Yes. Public and private TV and radio stations are required to transmit messages of parties during specific times set by the relevant Ministries. The time is to be allocated equally to parties based on proportionality, and transmission is to be free of charge and all taxes.
(Article 10, Law 3023/2002, amended 2014) |
| Provisions for any other form of indirect public funding: Premises for campaign meetings |
Yes. Parties may use public areas as set out in law without requiring premission, or payment of dues and taxes or reimbursement for use.
(Article 9(2), Law 3023/2002, amended 2014) |
| Provisions for any other form of indirect public funding: Space for campaign materials |
Yes. Parties may use public areas as set out in law without requiring premission, or payment of dues and taxes or reimbursement for use.
(Article 9(2), Law 3023/2002, amended 2014) |
| Provisions for any other form of indirect public funding: Tax relief |
No. Absent from legal framework
|
| Provisions for any other form of indirect public funding: Free or subsidised transport |
No. Absent from legal framework
|
| Provisions for any other form of indirect public funding: Free or subsidised postage cost |
No. Absent from legal framework
|
| Provisions for any other form of indirect public funding: Other |
No. Absent from legal framework
|
| Is the provision of direct public funding to political parties related to gender equality among candidates? |
No. Absent from legal framework
|
| Are there provisions for other financial advantages to encourage gender equality in political parties? |
No. Absent from legal framework
|
| Is there a ban on vote buying? |
Yes. "[T]he Greek penal legislation contains a provision in the penal code (art.165: Bribery during the Elections) that criminalizes offering gifts (of any kind) to voters with the aim to change the electoral result. The penalty is imprisonment up to two years and fines. Additionaly, during the Electoral period there come Presidential Decrees that mirror penal legislation and sometimes change the penalties of the penal code. The mirror recent Electoral Legislation of the article 165 of the penal code is the Presidential Decree 96/2007 which provides for the same act of bribery (with the aim to influence the result of the elections) the penalty of imprisonment for at least three months up to three years and as supplementary a monetary penalty (art. 114 par. 1 of the Decree)." (Expert input provided by Maria Archimandritou, Assistant Professor School of Law Aristotle University of Thessaloniki, 31 August 2011)
(Penal Code Art. 165, amended 2014
Presidential Decree 96/2007, Art 114 (1)) |
| Are there bans on state resources being used in favour or against a political party or candidate? |
Yes. Political manifestations of public officials are prohibited: Constitution Article 29 (3) Manifestations of any nature whatsoever in favor of or against a political party by magistrates and by those serving in the armed forces and the security corps, are absolutely prohibited. In the exercise of their duties, manifestations of any nature whatsoever in favor or against a political party bu public servants, employees of local government agencies, of other public law legal persons or of public enterprises or of enterprises of local government agencies or of enterprises whose management is directly or indirectly appointed by the State, by administrative act or by virtue of its capacity as shareholder, are absolutely prohibited.
(Article 29 (3), Constitution of Greece, 1975, amended 2008) |
| Are there limits on the amount a political party can spend? |
Yes. The maximum amount a party can spend in General or European elections including the value of amenities and facilities may not exceed the amount of 20% of the last recurrent funding of all political parties.
(Article 13, Law 3023/2002, amended 2014) |
| Are there limits on the amount a candidate can spend? |
Yes. The maximum amount a candidate can spend in each election including the value of the benefits and facilities is determined based on the number of seats in the constituency in which he is a candidate. In determining the amount, it is multiplied by fifteen thousand (15,000) euros a coefficient for each constituency.
2.The maximum election expenses allowed is determined for each constituency by decision of the relevant Ministries within five (5) days of the notice Election.
5. The maximum election expenses allowed for advertisements in the press for each candidate is determined to twenty percent (20%) of the maximum allowable amount of electoral expenditure, as defined in this article.
(Article 14, Law 3023/2002, amended 2014) |
Reporting, oversight and sanctions |
| Do political parties have to report regularly on their finances? |
Yes. Article 16 bis, Law 3023/2002 (introduced by art.13, Law 4304/2014). Political parties and coalitions shall annually submit to the Control Committee annual budgets, balance sheets and accounts.
(Article 16 bis, law 3203/2002, amended 2014) |
| Do political parties have to report on their finances in relation to election campaigns? |
Yes. Article 16, Law 3023/2002 (amended by art.12, Law 4304/2014). Political parties and coalitions shall keep an accounting book, containinil the income and the expenditure for each year and the amounts collected during the election campaign and election expenses. The accounting book is annually audited by the Control Committee. Article 16 bis, Law 3023/2002 (introduced by art.13, Law 4304/2014). Political parties and coalitions shall annually submit to the Control Committee annual budgets, balance sheets and accounts.
(Article 16 and 16bis, Law 3023/2002, amended 2014 ) |
| Do candidates have to report on their campaign finances? |
Yes. Article 16 bis , Law 3023/2002 (introduced bu art.13, Law 4304/2014). (b) Candidates representiatives of the Greek Parliament and the European Parliament shall annually submit to the Control Committee detailed records, income and expenditure receipts and any other document significant for the management of their finances during the period of control of election expenses. (c) Elected representatives of the Greek Parliament and the European Parliament shall annually submit to the Control Committee detailed records, income and expenditure receipts and any other document significant for the management of their finances. (d) Furthermore, elected representatives of the Greek Parliament and the European Parliament shall submit to the Control Committee the full content and economic valuation of the trade they have made to the funding recipients. (e) Candidates of local elections shall submit to the Control Committee annual budgets, balance sheets, accounts and any kind of funding received by political parties and coalitions. Article 13, Law 3202/2003. Elected candidates in prefectural and municipal elections, as well as their first three substitutes, shall submit to the Control Committee within the same deadline a report on electoral income and expenditure.
(Article 13 and 16bis, Law 3023/2002, amended 2014 ) |
| Is information in reports from political parties and/or candidates to be made public? |
Yes. Article 21(2)(n), Law 3023/2002. On the free and public official website administered and managed by the Control Comittee shall be publsihed the annual budgets, balance sheets and accounts of political parties and coalitions [...].
( Article 21(2)(n), law 3023/2002, amended 2014) |
| Must reports from political parties and/or candidates reveal the identity of donors? |
yes. Article 21(2)(n), Law 3023/2002. Information on each legal entity providing funding to political parties, coalitions, election candidates or members of parliament shall be published on the official website administered and managed by the Control Committee. Moreover, full details are also to be provided if the donations to political parties and coalitions are above 3,000 euros or if the donations to candidates to elections are above 5,000 euros,
(Article 16 (2), Article 21(2)(n), law 3023/2002, amended 2014) |
| Institutions receiving financial reports from political parties and/or candidates: Electoral Management Board |
No. Absent from legal framework
|
| Institutions receiving financial reports from political parties and/or candidates: Auditing agency |
No. Absent from legal framework
|
| Institutions receiving financial reports from political parties and/or candidates: Ministry |
No. The Minister of Finance and the Minister of Interior receive informations regarding the financial reports of political parties and candidates indirectly through the Control Committee. Article 3 (4), Law 3023/2002 (amended by art.2 Law 4304/2014): The agreement between the parties of a coalition regarding the amount of government funding to be distributed between them, shall be comunicated to the Minsiter of Interior, within 1 month from the elections. Article 21 (2) (f) Law 3023/2002 (amended by art. 19 Law 4304/2014): The Control Committee shall report annually to the Committee on institutions and transparency activity of the Parliament and to the Ministers of Finance and of Interior.
(Article 13, 3 (4), and 21(2)(f), Law 3023/2002, amended 2014 ) |
| Institutions receiving financial reports from political parties and/or candidates: Special institution |
Yes. Article 16 bis, Law 3023/2002 (added by art. 13 Law 4304/2014): Political parties, coalitions and all persons listed in article 1, paragraph 2, letter n, shall submit to the Control Committee annual budgets, balance sheets, accounts (letter a) and other documents (letter b to e). Article 21 (2) (f) Law 3023/2002 (amended by art. 19 Law 4304/2014): The Control Committee shall report annually to the Committee on institutions and transparency activity of the Parliament and to the Ministers of Finance and of Interior. Unsuccessful candidates are not subject to reporting obligations. Elected candidates in prefectural and municipal elections, as well as their first three substitutes, have to submit to the Expenditure Audit Committee within the same deadline a report on electoral income and expenditure (Article 13, Law 3202/2003)." (p. 12f) (GRECO (2010) Evaluation Report on Greece on Transparency of Party Funding, GRECO (Theme II))
(Article 16 bis, Article 21(2)(f), Law 3023/2002, amended 2014) |
| Institutions receiving financial reports from political parties and/or candidates: Court |
No. Absent from legal framework
|
| Institutions receiving financial reports from political parties and/or candidates: Other |
No. Absent from legal framework
|
| Institution responsible for examining financial reports and/or investigating violations: Court |
No. Absent from legal framework
|
| Institution responsible for examining financial reports and/or investigating violations: Ministry |
No. Absent from legal framework
|
| Institution responsible for examining financial reports and/or investigating violations: Auditing agency |
Yes. Control Committee for the financial accounts of parties and parliament members, Special Investigative Service under the Ministry of Economy an Finance (YPEE), Local Committees, Chartered Auditors under the Control Committee. "During the monitoring process, both the chartered auditors and the Control Committee may have access to all necessary data and documents, including confidential information held by banks, tax authorities and stock exchange (Article 21 (4), Law 3023/2002)." (p. 15) "The Control Committee may also carry out investigations ex officio or upon receiving complaints by citizens, members of local committees or public officials concerning alleged infringements of political financing regulations regarding a party or a candidate for election. It may also ask the Special Investigative Service under the Ministry of Economy and Finance (YPEE) to carry out further investigations on its behalf, although the GET was informed that, until recently, this possibility had never been used in practice." (p. 15) "Local Committees may receive complaints submitted in writing before the completion of the voting process by the representative of any political party, coalition or any candidate for election. They may carry out investigations and hearings. The Local Committees then compile the results of their investigations in a report, which they forward to the Control Committee within 15 days after the elections. The Control Committee may use the content of this report at its discretion (Article 21 (9), Law 3023/2002, Article 15, Law 3202/2003)." (p. 16) (GRECO (2010) Evaluation Report on Greece on Transparency of Party Funding, GRECO (Theme II))
(Article 21 (4) and (9),Article 15, Article 21 (2)(a) and (b), Law 3023/2002, amended 2014) |
| Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body |
No. Absent from legal framework
|
| Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose |
No. Absent from legal framework
|
| Institution responsible for examining financial reports and/or investigating violations: Other |
Yes. Control Committee for the financial accounts of parties and parliament members, Special Investigative Service under the Ministry of Economy an Finance (YPEE), Local Committees, Chartered Auditors under the Control Committee. "During the monitoring process, both the chartered auditors and the Control Committee may have access to all necessary data and documents, including confidential information held by banks, tax authorities and stock exchange (Article 21 (4), Law 3023/2002)." (p. 15) "The Control Committee may also carry out investigations ex officio or upon receiving complaints by citizens, members of local committees or public officials concerning alleged infringements of political financing regulations regarding a party or a candidate for election. It may also ask the Special Investigative Service under the Ministry of Economy and Finance (YPEE) to carry out further investigations on its behalf, although the GET was informed that, until recently, this possibility had never been used in practice." (p. 15) "Local Committees may receive complaints submitted in writing before the completion of the voting process by the representative of any political party, coalition or any candidate for election. They may carry out investigations and hearings. The Local Committees then compile the results of their investigations in a report, which they forward to the Control Committee within 15 days after the elections. The Control Committee may use the content of this report at its discretion (Article 21 (9), Law 3023/2002, Article 15, Law 3202/2003)." (p. 16) (GRECO (2010) Evaluation Report on Greece on Transparency of Party Funding, GRECO (Theme II))
(Article 21 (2)(a) and (b), Law 3023/2002, amended 2014) |
| Institutions with a formal role in political finance oversight: Court |
No. Absent from legal framework
|
| Institutions with a formal role in political finance oversight: Ministry |
No. Absent from legal framework
|
| Institutions with a formal role in political finance oversight: Auditing agency |
No. Absent from legal framework
|
| Institutions with a formal role in political finance oversight: EMB |
No. Absent from legal framework
|
| Institutions with a formal role in political finance oversight: Institution for this purpose |
No. Absent from legal framework
|
| Institutions with a formal role in political finance oversight: Other |
Yes. "[T]he Control Committee is assisted in its tasks by the Special Service of the Control Committee of the Parliament. This Service is composed of civil servants, specialised in economic and financial matters, appointed by the President of the Parliament (Article 21 (7), Law 3023/2002). The Special Service, the budget of which is part of the Parliament’s budget, currently has a total staff of 18 persons. It consists of three separate departments, dealing with the monitoring of the declaration of assets of members of the Hellenic and European Parliament, the monitoring of resources and expenditure of political parties and party coalitions and the monitoring of resources and expenditure of candidates for national and European elections. These three departments are assisted by a Secretariat." (p. 15) (GRECO (2010) Evaluation Report on Greece on Transparency of Party Funding, GRECO (Theme II)) Art.21(2)(g). The work of the Control Committee is assisted by a public prosecutor which shall provide to the Committee all the specific competences necessary to carry out the functions confert by article 21 of Law 3023/2002.
(Article 21 (7), Article 21 (2)(g), Law 3023/2002, amended 2014) |
| Sanctions for political finance infractions: Fines |
Yes. Art. 8 (3), Law 3023/2002 (amended by art.7 Law 4304/2014): Violations of the provision contained in the 1st and 2nd paragraph of art. 8, concerning fundings provided by private donors, are punishable with imprisonment up to one year and a fine. Article 21 (2) (m), Law 3023/2002 (amended by art 19 of Law 4304/2014).The Control Commitee shall verify that the legal entities indicated in article 1, paragraph 1, letter n, use the amount of funding received for statutory activities. If not, these legal entities are punishable with the a fine equivalent to the double of the amount of the funding received. Article 24 (2), Law 3023/2002: "Late or non publication by a party or coalition receiving public funding of the yearly balance sheet or the specific electoral income / expenditure report is punishable with a fine equal to 5% of the latest regular or electoral public funding given to the party or coalition. Article 24 (3), Law 3023/2002. [...] Incomplete or irregular keeping and updating of books, of the balance sheet, or the specific report of electoral income / expenditure is punishable with a fine up to 10% of the latest regular or electoral funding given to the party or coalition Article 24 (4), Law 3023/2002. [...] Political parties or coalitions which accept donations or any other service from unauthorised sources are punishable with a fine equal to 50% of the latest regular funding given to them or by a fine up to 150,000 Euros when the party has not received any regular funding. Article 24 (6), Law 3023/200). [...] Exceeding the amount of permitted electoral expenditure is punishable with a fine equal to double the amount that was exceeded. When the exceeding amount is more than 50% of the maximum permitted amount, the party or coalition is sanctioned with both the above fine and a deprivation of regular public funding for the following year. Article 24 (7), Law 3023/2002: A political party or coalition which receives donations in violations of art.8 paragraph 1 is punishable with a fine up to 20% of the latest regular funding given to them or by a fine up to 75,000 Euros when the party or coalition has not received any public funding. Art.24 (8), Law 3023/2002: The violations of article 11, paragrapgh 1, case a), are punishable with a fine equal to 5% of the last regular funding paid to the party or the coalition, or a fine equal to 15,000 euro when the party or coalition has not received any public funding. Art.24 (9) Law 3023/2002 (amended by art.14 Law 4304/2014): Violations of article 11, paragrraph 1, case b) and c), are punishable with a fine equal to 10% of the last regular funding paid to the party or the coalition, or a fine equal to 15,000 when the party or coalition has not received any public funding. Article 25 (1), Law 3023/2002. [...] Late or non-submission by a candidate for election of a report on electoral income/expenditure or submission of an irregular or incomplete report is punishable with a fine up to 10% of the yearly parliamentary compensation. Article 25 (2), Law 3023/2002. [...] A candidate for election who has accepted a contribution or other form of services from unauthorised sources, is punishable with a fine up to 50% of the yearly parliamentary compensation. (Article 25 (3), Law 3023/2002). [...] A candidate for election who has received a contribution by the same donor exceeding the ceiling of 3,000 Euros is punishable with a fine up to 20% of the yearly parliamentary compensation. Art. 25 (4), Law 3023/2002: In case of violation of the provision of art.12, paragraph , cases a) and b), a fine shall be applied to the parliamentary candidate up to the value of the yearl parliament member compensation [...]. Art.25 bis, Law 3023/2002 (introduced by art.16, Law 4304/2014): All the members of political parties or coalitions and all elected candidate of the Hellenic Parliament or of the European Parliament that omit, slow, hide about the obligation provided in art. 16 bis, are punishable with imprisonment up to 2 years and a fine, if not prescribed more severely in another Law. The donators that violate art.5 paragraph 1 are punishable with imprisonment up to 2 years and a fine. Members of political parties or coalition which are aware of the olbigations and accepted the financing, are punishable with imprisonment up to 2 years and a fine. Art.27 (3), Law 3023/2002 (amended by art.18 of Law 4304/2014): The owner of the publication that violated article 11, paragraph 1, case d), and of article 12, paragraph 1, case f) shall be subject, under a joint decision [...] to a fine up to 150,000 euros. Article 3 (2), Law 3202/2003. Candidates to local elections who accepted a contribution or other service from unauthorised sources are punishable with imprisonment up to one year and a fine of up to 50,000 Euros. Article 4, Law 3202/2003. Donors exceeding the allowed amounts of funding in local elections are punishable with the same imprisonment sanction and a fine between 2,000 and 10,000 Euros. (p. 17ff) (GRECO (2010) Evaluation Report on Greece on Transparency of Party Funding, GRECO (Theme II)) Article 17 (1), Law 3202/2003. Inadequate or improper keeping of books and records on electoral income and expenditure of a list of candidates in local elections, as well as exceeding the allowed expenditure for that list, is punishable by a fine between half and double the amount of the permissible electoral expenditure for that list. Article 17 (2), Law 3202/2003. [...] Acceptance of funding from unauthorised sources is punishable by a fine between 30,000 and 100,000 Euros. Article 17 (3), Law 3202/2003. [...] A list of candidates who knowingly accepted a contribution in excess of the allowed ceilings is punishable with a fine between 20,000 and 70,000 Euros. Article 17 (5), Law 3202/2003. [...] Late or non-submission by a coalition of a report on electoral income/expenditure or submission of an irregular or incomplete report, is punishable with a fine up to 6.000 Euros. Article 17 (7), Law 3202/2003. When a fine is imposed upon a list of candidates, the responsibility for its payment belongs to the head of this list. [...] Candidates for prefectoral and municipal elections. Article 18 (1), Law 3202/2003. [...] Late or non-submission by a candidate for election of a report on electoral income/expenditure or submission of an irregular or incomplete report, is punishable with a fine up to 3.000 Euros. Article 18 (2), Law 3202/2003. [...] A candidate for election who has accepted a contribution or other form of services from unauthorised sources is punishable with a fine up to 5,000 Euros. Article 18 (3), Law 3202/2003. [...] A candidate for election who has received a contribution by the same donor exceeding the ceiling of 500 Euros is punishable with a fine up to 3,000 Euros. Articles 18 (5) and 19 (1), Law 3202/2003. [...] A candidate for election who knowingly accepted a contribution in excess of the allowed ceilings is punishable with a fine up ten times the excess amount and forfeiture from office after a disciplinary procedure. Article 19 (1), Law 3202/2003. [...] A candidate for election who exceeded twice the amount of allowed electoral expenditure is punishable with forfeiture from office after a disciplinary procedure.
(Provisions of Law 3023/2002, amended 2014: art. 8 (3), art.21 (2) (m), art. 24, art. 25, art. 25 bis, art. 27 (3). ) |
| Sanctions for political finance infractions: Loss of public funding |
Yes. Article 24 (2), Law 3023/2002. "Late or non publication by a party or coalition receiving public funding of the yearly balance sheet or the specific electoral income / expenditure report is punishable with a fine equal to 5% of the latest regular or electoral public funding given to the party or coalition. Article 24 (3), Law 3023/2002. [...] Incomplete or irregular keeping and updating of books, of the balance sheet, or the specific report of electoral income / expenditure is punishable with a fine up to 10% of the latest regular or electoral funding given to the party or coalition Article 24 (4), Law 3023/2002. [...] Political parties or coalitions which accept donations or any other service from unauthorised sources (see paragraph 34) are punishable with a fine equal to 50% of the latest regular funding given to them or by a fine up to 150,000 Euros when the party has not received any regular funding. Article 24 (6), Law 3023/2002. Exceeding the amount of permitted electoral expenditure is punishable with a fine equal to double the amount that was exceeded. When the exceeding amount is more than 50% of the maximum permitted amount, the party or coalition is sanctioned with both the above fine and a deprivation of regular public funding for the following year. Article 24 (7), Law 3023/2002. A political party or coalition which receives donations from the same donor in excess of the allowed ceilings of 15,000 Euros is punishable with a fine up to 20% of the latest regular funding given to them or by a fine up to 75,000 Euros when the party or coalition has not received any public funding. Article 25 (1), Law 3023/2002. Late or non-submission by a candidate for election of a report on electoral income/expenditure or submission of an irregular or incomplete report is punishable with a fine up to 10% of the yearly parliamentary compensation. Article 25 (2), Law 3023/2002. [...] A candidate for election who has accepted a contribution or other form of services from unauthorised sources (see paragraph 34) is punishable with a fine up to 50% of the yearly parliamentary compensation (Article 25 (3), Law 3023/2002). [...] A candidate for election who has received a contribution by the same donor exceeding the ceiling of 3,000 Euros is punishable with a fine up to 20% of the yearly parliamentary compensation.
(Article 24 (2) - (4), Article 24 (6) - (7), Article 25 (1) - (3), Law 3023/2002, amended 2014) |
| Sanctions for political finance infractions: Penal/Criminal |
Yes. Art. 8 (3), Law 3023/2002 (amended by art.7 Law 4304/2014): Violations of the provision contained in the 1st and 2nd paragraph of art. 8, concerning fundings provided by private donors, are punishable with imprisonment up to one year and a fine. Art.25 bis, Law 3023/2002 (introduced by art.16, Law 4304/2014): All the members of political parties or coalitions and all elected candidate of the Hellenic Parliament or of the European Parliament that omit, slow, hide about the obligation provided in art. 16 bis, are punishable with imprisonment up to 2 years and a fine, if not prescribed more severely in another Law. The donators that violate art.5 paragraph 1 are punishable with imprisonment up to 2 years and a fine. Members of political parties or coalition which are aware of the olbigations and accepted the financing, are punishable with imprisonment up to 2 years and a fine. Article 3 (2), Law 3202/2003. [...] Violation of the funding prohibitions of Law 3202/2003 on local elections is punishable with imprisonment up to one year and a fine of up to 50,000 Euros. Article 4, Law 3202/2003. They are punishable with a fine up to 10,000 Euros for accepting funding in excess of the authorised limitation. Article 4, Law 3202/2003. Donors exceeding the allowed amounts of funding in local elections are punishable with the same imprisonment sanction and a fine between 2,000 and 10,000 Euros. (p. 17ff) (GRECO (2010) Evaluation Report on Greece on Transparency of Party Funding, GRECO (Theme II))
(Article 8 (3), Article 25 bis, Law 3023/2002, amended 2014 ) |
| Sanctions for political finance infractions: Forfeiture |
Yes. Exceeding the amount of permitted electoral expenditure is punishable with a fine equal to double the amount that was exceeded. When the exceeding amount is more than 50% of the maximum permitted amount, the party or coalition is sanctioned with both the above fine and a deprivation of regular public funding for the following year (Article 24 (6), Law 3023/2002). A candidate for election who knowingly accepted a contribution in excess of the allowed ceilings is punishable with a fine up ten times the excess amount and forfeiture from office after a disciplinary procedure (Articles 18 (5) and 19 (1), Law 3202/2003)
(Article 24 (6), Law 3023/2002, amended 2014) |
| Sanctions for political finance infractions: Deregistration of party |
No. Absent from legal framework
|
| Sanctions for political finance infractions: Loss of elected office |
Yes. Article 26 (1), Law 3023/2002. "Removal from parliamentary office may be imposed by a decision of the Special Highest Court defined in Article 100 of the Greek Constitution"
(Article 100 of Constitution of Greece, 1975, amended 2008
Article 26 (1), Law 3023/2002, amended 2014) |
| Sanctions for political finance infractions: Suspension of political party |
No. Absent from legal framework
|
| Sanctions for political finance infractions: Loss of nomination of candidate |
No. Absent from legal framework
|
| Sanctions for political finance infractions: Loss of political rights |
No. Absent from legal framework
|
| Sanctions for political finance infractions: Other |
No. Absent from legal framework
|
Greece
94(66) Political Financing 
57(53) Financial Disclosure 
22(37) Conflict of Interest 
46(59) Freedom of Information 
58(62) Public Procurement