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Funding of political parties

Guidelines for assessing capacities

The capacities needed to perform the functions of this module are related to providing guidelines for the implementation of the mentioned regimes and to performing controls on public officials that may result in administrative sanctions and even criminal investigation (in cooperation with law enforcement authorities).

Capacities Main issues and sample questions
Enabling Environment 
Legal framework: Coherent legal framework on corruption prevention regimes (on CoI, gifts, asset declarations, political party financing) Proper legislation, clearly describing the respective regimes, and the role of the ACA under each of them;
Clear and broadly accepted mandate of the ACA to operate in these areas;
Supportive public service training system to ensure ethics competence throughout the public service, and public servants’ awareness of their CoI, gifts and asset declarations related duties.

Sample questions:

  • Is the Law covering CoI also defining the competences of the ACA in this respect?
  • Does the ACA provide trainings of officials on CoI and Gifts?
  • Does the ACA have material (guidelines and manuals) for these trainings?
  • What is the procedure that the ACA has to follow to require additional information concerning an asset disclosure form? Does the agency have the power to do that?
  • Is the law on political financing or other law establishing in detail the mandate of the ACA in this area?
Legal and procedural framework: Perform administrative investigations Sufficient political will to empower the ACA to conduct effective investigations (translated into sufficient budgetary allocations, provision of human resources and political and administrative support);
Clear legislation, empowering the ACA to monitor the respective corruption prevention regimes. The ACA should have effective powers to hold office-holders accountable.
Legal and procedural framework: Perform administrative investigations Relevant agencies (e.g. tax authorities, FIUs, banks) should be interconnected with the ACA for exchange of information and required by law to cooperate. Level of actual cooperation with the other agencies involved in enforcing the regulations, including law enforcement authorities.
Functional independence to shield the ACA from undue pressure or political influence.

Sample questions:

  • Are the other agencies cooperating with the ACA for the investigations (sending information and responding to eventual queries)?
  • Is there IT systems that interconnect the ACA with the other relevant agencies?
  • Does the ACA have the power to take disciplinary action against civil servants? Are the decisions of the ACA often contested in front of administrative tribunals?

 

Organizational level
Engage stakeholders: Cooperate with the other agencies for implementation of the CoI and Gifts regulations and for the management of the asset declaration systems Presence of focal points within the ACA for coordination and cooperation with the other agencies; procedures for the exchange of information;
Integrated databases and technical means for the exchange of information with other agencies having relevant information like FIU, tax administration.

Sample questions:

  • Is the database on asset declarations up to date and connected to the one of the tax authority?
Data collection and processing: Control effectively asset declarations and CoI and the legality of Gifts received by public officials Existence of dedicated units and staff, sound organization of the work of the units in terms of workload, planning, reporting lines and relation between supervisors and supervisees, existence of annual work plans and linkage to broader strategy of the ACA;

For the asset declarations:

internal processes and technical means supporting assets registration process:
  • filing and storing the declarations in a secure manner;
  • verifying the data contained in the assets declarations, by corroborating with information from other government    bodies, banks, cadastre, money laundering unit, tax authority;
risk assessment methodology for performing effective, targeted control of the asset declarations received, monitor trends, and produce aggregate reports;
Data collection and processing:  Effectively controlling asset declarations and CoI and the legality of Gifts received by public officials For managing the CoI system: procedures and methods for processing data (eventually linking with information from the asset declarations) and perform risk analysis;
For the Gifts regulation: maintaining the necessary registries and archives, in particular IT registration capacity and storage capacity for the surrendered gifts will be needed; existence of specific procedures, manuals and guidelines to perform the gifts related functions prescribed by the law.
Software allowing fast and efficient data gathering and analysis (while enabling data protection and confidentiality). Connection with databases of other relevant agencies;

Sample questions:

  • Are the asset declarations recorded in an electronic database? Are the declarations filed in different years by a public official easily comparable?
  • Have you developed a risk assessment methodology for the identification of asset declarations to be checked?
  • Do you have clearly established rules and processes on how to confiscate gifts with value in excess of the legal limit?
Data collection and processing: Verifying the financial declarations of political parties, pre- election and post-election Effective systems and procedures to collect, store and process the data gathered;
Cooperation and coordination with government bodies, banks, cadastre, money laundering unit, tax authority.
Data collection and processing: Verifying the financial declarations of political parties, pre- election and post-election Sample questions:

  • Describe the process followed in verifying the financial declarations of a political party.
  • Has the ACA ever detected any violation of the political party financing legislation?
Communication: Publicizing information to the public, in accordance with the legislation Presence of communication means to ensure the publication of data of public interest (in respect of the law); existence on an up to date website and utilization of social media.
Relation with the local media.

Sample questions:

  • Do you publicize the asset declarations (if required by the law) on your website or through other means?
  • Is the public data available regularly updated?
  • Is your data easily searchable by the media and the public?

 

Capacities Main issues and sample questions
Individual level
Professional independence of the staff, to ensure that the investigations and controls performed are done in a timely manner and without undue influence.

Technical capacities:

  • knowledge of CoI management strategies, in-depth ethics competence;
  • capacity to establish relevant facts, apply the law and policy, distinguish between • apparent, real and actual CoI;
  • good understanding of the national and international standards in the field of CoI management;
  • knowledge of the legal provisions and requirements for gifts acceptance and management; capacity to define whether a certain gift should have or should have not been accepted under specific legal provisions;
  • capacity to justify the decision taken – if necessary, before the judicial authorities, should the decision of the ACA be challenged in Court;
  • clear understanding of the national and international standards on assets disclosure;
  • capacity to perform administrative verification process as per the manuals/guidelines;
  • statistical literacy and data processing skills;
  • performing risk analysis, monitoring trends, producing aggregate reports;
  • knowledge of regulations and international best practices on financing of political parties;
  • budgeting, accounting, procurement, contracting.