Bans and limits on private income |
Is there a ban on donations from foreign interests to political parties? |
No. Absent from legal framework
|
Is there a ban on donations from foreign interests to candidates? |
No. Absent from legal framework
|
Is there a ban on corporate donations to political parties? |
No. Absent from legal framework
|
Is there a ban on corporate donations to candidates? |
No. Absent from legal framework
|
Is there a ban on donations from corporations with government contracts to political parties? |
No. Absent from legal framework
|
Is there a ban on donations from corporations of partial government ownership to political parties? |
No. Absent from legal framework
|
Is there a ban on donations from corporations with government contracts to candidates? |
No. Absent from legal framework
|
Is there a ban on donations from corporations of partial government ownership to candidates? |
No. Absent from legal framework
|
Is there a ban on donations from Trade Unions to political parties? |
No. Absent from legal framework
|
Is there a ban on donations from Trade Unions to candidates? |
No. Absent from legal framework
|
Is there a ban on anonymous donations to political parties? |
No. If a political party receives an anonymous monetary contribution exceeding 1,000 euros, the portion exceeding the amount of 1,000 euros shall be transferred to the account of Our Minister designated for such purpose. If a political party receives an anonymous contribution in kind exceeding 1,000 euros, the portion or the counter-value exceeding the amount of 1,000 euros shall be transferred to Our Minister, or the contribution shall be destroyed.
(Article 23, Law on Financing of Political Parties, 2013, amended 2016) |
Is there a ban on anonymous donations to candidates? |
No. Absent from legal framework
|
Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? |
No. Absent from legal framework
|
Is there a ban on any other form of donation? |
No. Absent from legal framework
|
Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? |
No. Absent from legal framework
|
Is there a limit on the amount a donor can contribute to a political party in relation to an election? |
No. Absent from legal framework
|
Is there a limit on the amount a donor can contribute to a candidate? |
No. Absent from legal framework
|
Eligibility criteria for direct public funding to political parties: Share of votes in previous election |
No. Absent from legal framework
|
Eligibility criteria for direct public funding to political parties: Representation in elected body |
Yes. Parties must win at least one seat in the first or second chamber in the last election
(Art. 7, Law on Financing of Political Parties, 2013, amended 2016) |
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 |
Yes. Our Minister shall grant a subsidy, after an application to that effect, to a political party where, on the reference date, said party has more than 1,000 members who have right of assembly and vote in the political party and who each pay an annual contribution fee of not less than 12 euros. The membership is to be demonstrated by an explicit declaration of intent of the persons involved.
(Article 7.1 Law on Financing of Political Parties, 2013, amended 2016) |
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 |
No. Absent from legal framework
|
Allocation calculations for direct public funding to political parties: Equal |
Yes. The subsidy shall not exceed the sum of the following amounts:
a. a base sum of 173,240.82 euros, a sum of 50,247.81 euros per seat held by the political party and a sum per member of the political party equal to 1,896,891.33 euros divided by the total number of members of the political parties who receive a subsidy on the reference date;
b. where, on the reference date, the political party has designated a political-scientific institute as a subsidiary institution, as provided for in article 2, a base sum of 121,675.08 euros and a sum of 12,506.55 euros per seat held by the political party;
c. where, on the reference date, the political party has designated a political youth organization as a subsidiary institution, as provided for in article 3, a sum per seat held by the political party and a sum per member of the political youth organization,
calculated in accordance with section two;
d. where, on the reference date, the political party has designated an institution for foreign activities as a subsidiary institution, as provided for in article 4, a base sum and a sum per seat held by the political party, calculated in accordance with section three.
2. The sum per seat, as referred to in section one (c), is calculated by dividing 487,744.42 euros by the total number of seats held by the political parties which, on the reference date, have designated a political youth organization. The sum per member of the political youth organization is calculated by dividing 487,744.42 euros by the total number of members of all the designated political youth organizations.
3. The base sum, as referred to in section one (d), is calculated by dividing 623,833 euros by the total number of political parties which, on the reference date, have designated an institution for foreign activities. The sum per seat, as referred to in section one
(d), is calculated by dividing 897,711 euros by the total number of seats held by political parties which, on the reference date, have designated an institution for foreign activities.
4. For the purposes of sections one to three, the reference date shall be taken as a starting point for the determination of the number of seats held by a political party, the number of members of a political party and the number of members of a political
youth organization.
5. The amounts mentioned in sections one to three are to be reviewed on an annual basis on 1 January by ministerial decree, in accordance with the wage and price adjustments applied to the general state budget and rounded to the nearest whole number.
(Article 8 Law on Financing of Political Parties, 2013, amended 2016) |
Allocation calculations for direct public funding to political parties: Proportional to seats received |
Yes. The subsidy shall not exceed the sum of the following amounts:
a. a base sum of 173,240.82 euros, a sum of 50,247.81 euros per seat held by the political party and a sum per member of the political party equal to 1,896,891.33 euros divided by the total number of members of the political parties who receive a subsidy on the reference date;
b. where, on the reference date, the political party has designated a political-scientific institute as a subsidiary institution, as provided for in article 2, a base sum of 121,675.08 euros and a sum of 12,506.55 euros per seat held by the political party;
c. where, on the reference date, the political party has designated a political youth organization as a subsidiary institution, as provided for in article 3, a sum per seat held by the political party and a sum per member of the political youth organization,
calculated in accordance with section two;
d. where, on the reference date, the political party has designated an institution for foreign activities as a subsidiary institution, as provided for in article 4, a base sum and a sum per seat held by the political party, calculated in accordance with section three.
2. The sum per seat, as referred to in section one (c), is calculated by dividing 487,744.42 euros by the total number of seats held by the political parties which, on the reference date, have designated a political youth organization. The sum per member of the political youth organization is calculated by dividing 487,744.42 euros by the total number of members of all the designated political youth organizations.
3. The base sum, as referred to in section one (d), is calculated by dividing 623,833 euros by the total number of political parties which, on the reference date, have designated an institution for foreign activities. The sum per seat, as referred to in section one
(d), is calculated by dividing 897,711 euros by the total number of seats held by political parties which, on the reference date, have designated an institution for foreign activities.
4. For the purposes of sections one to three, the reference date shall be taken as a starting point for the determination of the number of seats held by a political party, the number of members of a political party and the number of members of a political
youth organization.
5. The amounts mentioned in sections one to three are to be reviewed on an annual basis on 1 January by ministerial decree, in accordance with the wage and price adjustments applied to the general state budget and rounded to the nearest whole number.
(Article 8 Law on Financing of Political Parties, 2013, amended 2016) |
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 |
Yes. The subsidy shall not exceed the sum of the following amounts:
a. a base sum of 173,240.82 euros, a sum of 50,247.81 euros per seat held by the political party and a sum per member of the political party equal to 1,896,891.33 euros divided by the total number of members of the political parties who receive a subsidy on the reference date;
b. where, on the reference date, the political party has designated a political-scientific institute as a subsidiary institution, as provided for in article 2, a base sum of 121,675.08 euros and a sum of 12,506.55 euros per seat held by the political party;
c. where, on the reference date, the political party has designated a political youth organization as a subsidiary institution, as provided for in article 3, a sum per seat held by the political party and a sum per member of the political youth organization,
calculated in accordance with section two;
d. where, on the reference date, the political party has designated an institution for foreign activities as a subsidiary institution, as provided for in article 4, a base sum and a sum per seat held by the political party, calculated in accordance with section three.
2. The sum per seat, as referred to in section one (c), is calculated by dividing 487,744.42 euros by the total number of seats held by the political parties which, on the reference date, have designated a political youth organization. The sum per member of the political youth organization is calculated by dividing 487,744.42 euros by the total number of members of all the designated political youth organizations.
3. The base sum, as referred to in section one (d), is calculated by dividing 623,833 euros by the total number of political parties which, on the reference date, have designated an institution for foreign activities. The sum per seat, as referred to in section one
(d), is calculated by dividing 897,711 euros by the total number of seats held by political parties which, on the reference date, have designated an institution for foreign activities.
4. For the purposes of sections one to three, the reference date shall be taken as a starting point for the determination of the number of seats held by a political party, the number of members of a political party and the number of members of a political
youth organization.
5. The amounts mentioned in sections one to three are to be reviewed on an annual basis on 1 January by ministerial decree, in accordance with the wage and price adjustments applied to the general state budget and rounded to the nearest whole number.
(Article 8 Law on Financing of Political Parties, 2013, amended 2016) |
Earmarking provisions for direct public funding to political parties: Campaign spending |
Yes. 2. The subsidy is granted for expenses directly related to the following activities:
a. political training and educational activities;
b. dissemination of information;
c. maintaining contacts with sister parties in countries other than The Netherlands and supporting training and educational activities for the benefit of the supervisory staff of said parties;
d. political-scientific activities;
e. activities aimed at the promotion of the political participation of young people;
f. member canvassing;
g. involving non-members in activities of the political party;
h. canvassing, selection and guidance of holders of political office;
i. activities within the framework of election campaigns.
(Art. 7.2. Law on Financing of Political Parties, 2013, amended 2016) |
Earmarking provisions for direct public funding to political parties: Ongoing party activities |
Yes. 2. The subsidy is granted for expenses directly related to the following activities:
a. political training and educational activities;
b. dissemination of information;
c. maintaining contacts with sister parties in countries other than The Netherlands and supporting training and educational activities for the benefit of the supervisory staff of said parties;
d. political-scientific activities;
e. activities aimed at the promotion of the political participation of young people;
f. member canvassing;
g. involving non-members in activities of the political party;
h. canvassing, selection and guidance of holders of political office;
i. activities within the framework of election campaigns.
(Art. 7.2. Law on Financing of Political Parties, 2013, amended 2016) |
Earmarking provisions for direct public funding to political parties: Intra-party institution |
Yes. 2. The subsidy is granted for expenses directly related to the following activities:
a. political training and educational activities;
b. dissemination of information;
c. maintaining contacts with sister parties in countries other than The Netherlands and supporting training and educational activities for the benefit of the supervisory staff of said parties;
d. political-scientific activities;
e. activities aimed at the promotion of the political participation of young people;
f. member canvassing;
g. involving non-members in activities of the political party;
h. canvassing, selection and guidance of holders of political office;
i. activities within the framework of election campaigns.
(Art. 7.2. Law on Financing of Political Parties, 2013, amended 2016) |
Earmarking provisions for direct public funding to political parties: Other |
No. Absent from legal framework
|
Allocation criteria for free or subsidized access to media for political parties: Equal |
Yes. 1. The Commissioner shall designate each year a number of hours on the general program channels of the national public service media to political parties at the last election of the members of the Lower or Upper House of Parliament one or more seats have acquired.
2. The Commissioner shall designate a number of hours on the general program channels of the national public service media to:
a. Political parties participating in all constituencies in the election of the members of the House of Representatives; and b. political parties taking part in the Netherlands in the election of the Members of the European Parliament.
(Article 6.1 Media Act, 2008, amended 2016
) |
Allocation criteria for free or subsidized access to media for political parties: Number of candidates |
No. Absent from legal framework
|
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: Share of votes in preceding election |
No. Absent from legal framework
|
Allocation criteria for free or subsidized access to media for political parties: Other |
No. Absent from legal framework
|
Are there provisions for free or subsidized access to media for candidates? |
No. Absent from legal framework
|
Provisions for any other form of indirect public funding: Premises for campaign meetings |
No. Absent from legal framework
|
Provisions for any other form of indirect public funding: Space for campaign materials |
No. Absent from legal framework
|
Provisions for any other form of indirect public funding: Tax relief |
Yes. 6.32. Deductible donations are:
a. regular donations;
b. other gifts.
6.33. In this section and the provisions based thereon, the following definitions apply:
a. gifts: bevoordelingen out of generosity and mandatory contributions where there is no direct consideration in return;
b. settings: public benefit organizations;
c. associations: not subject to corporation or its exempt associations with full legal and at least 25 members, established in a Member State of the European Union, Aruba, Curaçao, Sint Maarten, a power designated by ministerial order or on the BES islands.
(Art 6.32 and 6.33, Law on Income Tax, 2001, amended 2016) |
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. 1. A person who, by means of a gift or promise, bribes a voter to give him a proxy authorisation to vote on his behalf shall be liable to a term of imprisonment not exceeding six months or a third-category fine.
2. A person who, by means of a gift or promise, bribes a voter or otherwise compels him to issue a declaration as referred to in section H 4, subsection 1, in support of a list, shall be liable to a term of imprisonment not exceeding six months or a third-category fine.
3. A voter who allows himself to be bribed by means of a gift or promise to grant a proxy authorisation or issue a declaration of support shall be liable to the same penalty.
(Section Z4(1), Elections Law, No. 28, 1989, amended 2016) |
Are there bans on state resources being used in favour or against a political party or candidate? |
No. Absent from legal framework
|
Are there limits on the amount a political party can spend? |
No. Absent from legal framework
|
Are there limits on the amount a candidate can spend? |
No. Absent from legal framework
|
Reporting, oversight and sanctions |
Do political parties have to report regularly on their finances? |
Yes. 1. Prior to 1 July of each calendar year, a political party shall send the following to Our Minister: a. a financial report covering the preceding calendar year, comprising the data included in the records pursuant to article 20; b. a summary of contributions of 4,500 euros or more per donor and received by the party in that calendar year, with the data registered pursuant to article 21, section one; c. a summary of debts of 25,000 euros or more, with the data registered pursuant to article 21, section three, and d. the written declaration of the auditor, as referred to in section three.
(Art 25, Law on Financing of Political Parties, 2013, amended 2016) |
Do political parties have to report on their finances in relation to election campaigns? |
No. Absent from legal framework
|
Do candidates have to report on their campaign finances? |
No. Absent from legal framework
|
Is information in reports from political parties and/or candidates to be made public? |
Yes. Financial report provided to Our Minister are public.
(Art. 25.4 Law on Financing of Political Parties, 2013, amended 2016) |
Must reports from political parties and/or candidates reveal the identity of donors? |
Yes. 1. Prior to 1 July of each calendar year, a political party shall send the following to Our Minister: a. a financial report covering the preceding calendar year, comprising the data included in the records pursuant to article 20; b. a summary of contributions of 4,500 euros or more per donor and received by the party in that calendar year, with the data
registered pursuant to article 21, section one; c. a summary of debts of 25,000 euros or more, with the data registered pursuant to article 21, section three, and d. the written declaration of the auditor, as referred to in section three.
(Art. 25.1.b Law on Financing of Political Parties, 2013, amended 2016) |
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 |
Yes. 1. There shall be a supervisory committee on the finances of political parties, hereinafter referred to as: the committee.
2. The committee shall consist of three members. The members are appointed by Our Minister for a maximum period of four years. Members of the committee may be re-appointed a maximum of two times and for a maximum period of four years on each occasion.
3. The duty of the committee is to counsel Our Minister regarding the application of: a. article 5, section three; b. article 25, section five (3), article 28, section three (4), article
29, section four (4), article 30, section four (3) and article 32, section four (4), and c. article 37, section one.
4. The committee, for the purposes of the task referred to in section three (c) may counsel Our Minister as regards overseeing compliance with the present law.
5. Our Minister shall make available to the committee such data. as may be necessary for the proper fulfilment of its duties, whether or not such data is requested.
6. Rules governing the procedure of the committee may be established by or by virtue of an order in council.
(Art. 35, Law on Financing of Political Parties, 2013, amended 2016) |
Institutions receiving financial reports from political parties and/or candidates: Special institution |
No. Absent from legal framework
|
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 |
No. Absent from legal framework
|
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 |
Yes. Supervisory committee on the finances of political parties
(Art.35 , Law on Financing of Political Parties, 2013, amended 2016) |
Institution responsible for examining financial reports and/or investigating violations: Other |
No. Absent from legal framework
|
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. 1. The supervision of compliance with the terms established by or by virtue of articles 20, 21, 23, 25, 26, 27, sections three and four, 28, 29, 30, 31, 32 and 33, shall be incumbent upon such persons as are designated by order of Our Minister.
(Art.36 , Law on Financing of Political Parties, 2013, amended 2016) |
Sanctions for political finance infractions: Fines |
Yes. 1. Our Minister may determine to impose an administrative penalty in respect of any act or omission which is in breach of that established by or by virtue of articles 20, section one, preamble and under b and (e), 21, sections one and three, 23, section one, 25, section one, preamble and under a, b, c and d, section two, 27, sections three and four, 28, section one, preamble and under a and b, and section two, 29, sections one, two and five, 30, section one or two, preamble and under a and b, 31, sections
Bulletin of Acts and Decrees 2013 93 19 one, two and three, 32, section one or two, and 33, section one or two.
2. In section one, articles 30, 31, 32 and 33 are to be taken in connection with the provisions applied mutatis mutandis in these articles.
3. Fines may be imposed on the political party, the subsidiary institution, the association, referred to in article 31, or on the candidate, referred to in article 32.
4. In respect of any act or omission which is in breach of one of the article sections or parts thereof mentioned in section one, the fine applied shall be of a maximum of 25,000 euros.
1. Where a political party, is sentenced, on the basis of articles 137c, d, e, f, or g, or article 429 (4) of the Dutch Criminal Code, to pay a monetary fine, entitlement to any subsidy shall be cancelled ipso iure during a period starting on the day when the conviction becomes irrevocable. Said period shall be: a. one year, if the monetary fine is less than 1,125 euros; b. two years, if the monetary fine is 1,125 euros or more but less than 2,250 euros; c. three years, if the monetary fine is 2,250 euros or more but less
than 3,375 euros, and d. four years, if the monetary fine is 3,375 euros or more.
(Art. 37/39, Law on Financing of Political Parties, 2013, amended 2016) |
Sanctions for political finance infractions: Loss of public funding |
Yes. 2. If a political party is convicted for a terrorist offence as provided for in article 83 of the Dutch Criminal Code, entitlement to any subsidy shall be cancelled ipso iure for a period of four years starting on the day when the conviction becomes irrevocable.
3. If an association, on the day when the conviction, as provided for in section one or two, becomes irrevocable, is not eligible for a subsidy and this association, within a period of two years after this day, becomes eligible for a subsidy as a political party, its entitlement to a subsidy shall be cancelled ipso iure starting on the day when the party becomes eligible for a subsidy, for the period, as referred to in the section one or two.
(Art. 39, Law on Financing of Political Parties, 2013, amended 2016) |
Sanctions for political finance infractions: Penal/Criminal |
Yes. A person who, by means of a gift or promise, bribes a voter to give him a proxy authorisation to vote on his behalf shall be liable to a term of imprisonment not exceeding six months or a third-category fine.
(Section Z4(1), Elections Law, No. 28, 1989, amended 2009) |
Sanctions for political finance infractions: Forfeiture |
No. Absent from legal framework
|
Sanctions for political finance infractions: Deregistration of party |
No. Absent from legal framework
|
Sanctions for political finance infractions: Loss of elected office |
No. Absent from legal framework
|
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 |
Yes. 1. Where a political party, is sentenced, on the basis of articles 137c, d, e, f, or g, or article 429 (4) of the Dutch Criminal Code, to pay a monetary fine, entitlement to any subsidy shall be cancelled ipso iure during a period starting on the day when the conviction becomes irrevocable. Said period shall be: a. one year, if the monetary fine is less than 1,125 euros; b. two years, if the monetary fine is 1,125 euros or more but less than 2,250 euros; c. three years, if the monetary fine is 2,250 euros or more but less
than 3,375 euros, and d. four years, if the monetary fine is 3,375 euros or more.
(Art. 39, Law on Financing of Political Parties, 2013, amended 2016) |