Learn more

composite
62
62

Croatia

In law
78
In practice
63

Croatia provides public subsidies for parties and candidates during campaigns, both in law and in practice. No indirect funding in the form of subsidized access to media exists, and the evidence indicates that non-financial public resources, including ministry vehicles, were occasionally abused in recent elections. The legal framework restricts many types of contributions and also caps the amount that can be spent during election campaigns. As a result, public funding comprises a huge chunk of party budgets. Few, if any, of the legal limits were violated in the 2014 elections. Parties and candidates are subject to strict legal reporting requirements, the majority of which are complied with in practice. Submitted financial reports are available online, but not in a machine-readable format. Despite these successes, the 2014 elections were marred by numerous violations of political finance laws. Further, no law exists to regulate the independent activities of third party actors during campaigns, even though at least one actor (a football team) engaged in partisan political action during the 2014 campaign. The State Election Committee (SEC) oversees political finance issues. Appointments to the SEC are not merit-based, but the body is at least somewhat independent in practice. It has sufficient capacity to pursue its remit, and regularly investigates potential violations of political finance. However, the SEC lacks the legal authority to impose sanctions, and experts report that this weakens the strength of enforcement in Croatia.

  • expand button!

    Direct and Indirect Public Funding

    More about category
    composite
    75
    • expand button!
      Direct Public Funding
      More about category
      • expand button!
        1
        Score
        YES
        In law, there is direct public funding for electoral campaigns.More about indicator

        Constitution of the Republic of Croatia (Article 6) regulates that political parties must report on their property and finances, however, management of finances allocated to political representatives is left to particular laws regulating these issues, i.e. the Constitution prescribes that the Government must enforce laws to regulate financing of political activities.

        Law on Financing Political Activities and Electoral Promotion (the Law hereafter) extensively regulates this matter. In that, the Law regulates that political parties, independent candidates and independent lists can obtain funding from the state for political campaigns providing they meet a minimum percentage of votes necessary to enter the Parliament or local councils. Each article of the Law specifically mentions political parties, independent candidates and independent lists. Therefore, there is no discriminatory practice on who can obtain funding for political campaign.

        Regular funding is allocated to "financing of political parties and independent candidates from state budget of the Republic of Croatia in amount of 0,05 % of achieved spending from previously published annual report on budget" (Article 3). According to the same law and the same article, local elections are financed by local authorities, and this funding is again granted to political parties and independent candidates and lists.

        Scoring Criteria

        A YES score is earned where there is direct public funding for both political parties and individual candidates to campaign. A 100 also applies where only one of the two actors can be elected and, therefore, only one is entitled to direct public funding.

        A MODERATE score is earned where per law only one of the two actors (either political parties or individual candidates) is allocated direct public funding to campaign, even though both can be elected.

        A NO score is earned where no such law exists.

        Sources

        1) Zakon o financiranju politi?kih aktivnosti i izborne promidžbe (Law on Financing Political Activities and Electoral Promotion), NN 24/11, 61/11, 27/13, 02/14, Article 3 http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

        2) Ustav Republike Hrvatske (Constitution of the Republic of Croatia) NN 56/90, 135/97, 8/98, 113/00, 124/00, 28/01, 41/01, 55/01, 76/10, 85/10, 05/14, Article 6 http://www.zakon.hr/z/94/Ustav-Republike-Hrvatske

        • NN stands for 'Narodne Novine'; Croatian official gazette where all laws and legal announcements are regularly published * First number represents number of the Law, and the second number year when it was passed. ** Specificity of Croatian legal system is that laws are not being passed one after another, but each law presents a compilation of laws and the last version of the law, therefore, carries all references. For the example, the Constitution has been firstly passed in 1990 (56/90), and the original text has been changed several times until May 2014 (05/14)
      • expand button!
        2
        Score
        YES
        In law, there is a transparent and equitable mechanism to determine direct public funding for electoral campaigns.More about indicator

        According to the Law on Financing Political Activities and Electoral Promotion, article 18, right to reimbursement of expenses for political campaigns from the state budget of the Republic of Croatia is granted to:

        " - candidates who at the elections for the President of the Republic of Croatia win at least 10 % valid votes of those who voted, - political parties and independent lists that for elections for members in the European Parliament gain at least 5 % valid votes of those who voted, - political parties and independent lists who, at lists for members in Croatian Parliament, win more than 5 % of valid votes of those who voted in given electoral entity, -political parties that proposed candidates for members of national minorities that became members of Croatian Parliament, and candidates for members of national minorities who were proposed as candidates by voters and associations of national minorities, and that became members of Croatian Parliament, -candidates for representatives of members of national minorities present among population of the Republic of Croatia with less than 1,5 % of inhabitants, and that failed to become representatives in Croatian Parliament after elections if they gained more than 15 % of valid votes of those who voted in their particular electoral entity, have the right to reimbursement up to 15 % of the income allocated to an elected Parliamentary Member"

        Articles 19 of the Law on Financing Political Activities and Electoral Promotion, regulates that Government will decide within seven-day period on reimbursements to political parties and independent candidates. Article 21 of the same Law regulates that Government will make the payment to accounts of political parties and independent representatives within 60 days from the day decision has been made. Decisions of the Government are individually made for each elections based on the available funds in the state budget, and published in the official gazette (Narodne Novine) that is also available online. Funding is granted per elected candidate that entered the Parliament (for Parliamentary elections), for candidates who managed to collect 10 % of votes at Presidential elections (for Presidential elections), and per representative that entered local or regional entity (for local elections).


        Peer reviewer comment: Agree. According to the Law, parties, independent candidates or independent lists will get public funding if they win at least one seat in the Parliament or one of the local councils. Additionally are reimbursed parties or independent lists if they got over 5 percent threshold on national level elections (Parliamentary or EU Parliament). In Parliamentary election only exception are candidates running for the parliamentary mandate on the list of national minority. Candidates running for mandate of minority making over 1,5 percent of population of Croatia (those are only Serbs; in total, the Croatian constitution recognises 22 national minorities) get public funding if they got more than 15 percent of the votes, for all other minorities only candidate who won the seat will get public funding. Also, when it comes to direct elections (for president, county prefects or mayors) beside winners, the candidates who won over 10 percent of votes are also entitled to public funding.

        Scoring Criteria

        A YES score is earned where: 1) direct public funding for political parties and individual candidates' electoral campaigns is allocated through a clearly defined calculation mechanism that is transparent and equitable, and 2) there are clearly defined eligibility criteria.

        A MODERATE score is earned where direct public funding for political party and individual candidates' electoral campaigns is allocated through a clearly defined calculation mechanism that is transparent and equitable, but eligibility criteria are not clearly defined.

        A NO score is earned where no such law exists.

        Sources

        Zakon o financiranju politi?kih aktivnosti i izborne promidžbe (Law on Financing Political Activities and Electoral Promotion), NN 24/11, 61/11, 27/13, 02/14, Articles 18, 19, and 21. Available at: http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

        Zakon o izboru predsjednika Republike Hrvatske (Law on Electing the President of the Republic of Croatia), NN 22/92, 42/92, 71/97, 69/04, 99/04, 44/06, 24/11, Article 42 Available at: http://www.zakon.hr/z/358/Zakon-o-izboru-Predsjednika-Republike-Hrvatske

        Decision of the Government of the Republic of Croatia on the amount of Funding for Electoral Promotion of Representatives in the Croatian Parliament, NN 124/2011. Available at: http://narodne-novine.nn.hr/clanci/sluzbeni/201111124_2487.html (Accessed 5 August 2014)

        Decision of the Government of the Republic of Croatia on the amount of Funding for Electoral Promotion for President of the Republic of Croatia, NN 133/2009. Available at: http://narodne-novine.nn.hr/clanci/sluzbeni/200911133_3249.html (Accessed 5 August 2014)

        Decision of the Government of the Republic of Croatia on the amount of Funding for Electoral Promotion for Electing Members of Representative Bodies of Local and Regional Entities, NN 51/2013. Available at: http://narodne-novine.nn.hr/clanci/sluzbeni/20130451_1019.html (Accessed 5 August 2014)

        Reviewer's sources: Zakon o financiranju politi?kih aktivnosti i izborne promidžbe (Law on Financing Political Activities and Electoral Promotion), NN 24/11, 61/11, 27/13, 02/14, Articles 12, 18-21. Available at: http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

      • expand button!
        3
        Score
        100
        In practice, to what extent is the mechanism to determine direct public funding for electoral campaigns transparent, equitable and consistently applied?More about indicator

        Croatian Government is granting funding to all political parties and independent candidates that meet minimum of votes, as prescribed by the Law on Financing of Political Activities and Electoral Promotion. Decisions made by the Government are published in the official Gazette (Narodne Novine), and made publicly available at Narodne Novine's website. Since European Elections in 2013, decisions are also being made public at the website of the Government (apart from Narodne Novine).

        All decisions are made based on existing laws and made publicly available. The mechanism for granting funding for Parliamentary elections is prescribed in the Law on Financing Political Activities and Electoral Promotion (article19) where funding is guaranteed to candidates and parties that meet minimum of votes at the elections where they compete. When it comes to elections for the President, funding is granted based on article 16 of the Law on Electing the President of the Republic of Croatia, and funding is granted to every candidate that wins minimum of 10 % of votes in each electoral round.According to Article 52 of the Law on Financing of Political Activities and Electoral Promotion Article 16 of the Law on Electing the President of the Republic of Croatia is not valid any more. Basically, nothing changed, the intention of the lawmaker was to have all regulation concerning, but Article 16 is not relevant anymore. Finally, when it comes to local elections funding has been granted based on article 19. of the Law on Financing Political Activities and Electoral Promotion that grants funding to local elections per representative that entered local entity after elections. All reimbursements follow the legal decisions.

        All funding for the last three elections that are of interest for this research project has been transparently granted, as per decisions cited in the list of sources. For example, on 3 November 2011 a Decision was issued in advance of the 4 December 2011 Parliamentary campaign. This Decision established a maximum reimbursement amount of HRK 180,000 (currently 34,444 USD) for each candidate that won a seat, and a maximum of HRK 30,000 (currently 5,243 USD) for candidates who gained more than 5% of the valid votes in their constituency, but did not win seats in the Parliament. For the last presidential elections, Decision was issued on 5 November 2009 for presidential elections in December 2009, and each candidate was granted 250.000 HRK (currently 43,835,12 USD) for electoral promotion providing the candidate won at least 10 per cent of votes of all voters who voted. For local elections, Government made a Decision on 25 April 2013, and according to the decision, candidates were granted funding based on the number of citizens in places in which they won a seat in local councils. For example, candidates and parties that won seats in local councils in places with up to 1.001 inhabitant received 1000.00 HRK (currently 175.34 USD) per won seat; candidates and parties that won seats in places with up to 5.001 inhabitant were granted 1.500 HRK per seat (currently 263.01USD); candidates and parties that won seats in places with up to 10.001 inhabitant were granted 2.500 HRK per seat (currently 438.34 USD); candidates and parties that won seats in places with up to 20.001 inhabitant were granted 3.000 HRK per seat (currently 526 USD); candidates and parties that won seats in places with up to 100.000 inhabitants were granted 4.000 HRK per seat (currently 701.34 USD); candidates and parties that won seats in places with up to 200.000 inhabitants were granted 5.000 HRK per seat (currently 876.70 USD); candidates and parties that won seats in places with up to 500.000 inhabitants were granted 7.000 HRK per seat (currently 1.227,38 USD), and candidates and parties that won seats in the Council of City of Zagreb were granted 10.000 HRK per seat (currently 1.753,32 USD).


        Peer reviewer comment: Disagree and suggests a 75. For every election, the Government decides how much money will be paid for the campaign financing on national level. For example, after EU Parlimentary elections held on May 25th 2014 Government decided to refund 43.000 HRK for every seat won and 25.000 HRK for every list that got over 5 percent of the votes. This decision was published in Official Gazzette on June 6th. On local level head of the local unit decides how much money will be paid. For example after local elections held on May19th 2013 in the coastal city Senj, with 6.754 registered voters and 53,85 percent turnout, for each of 15 councilors who won a seat 2.000 HRK was paid. New mayor got 10.000 HRK (he won 60,32 percent of votes) and his contestants, who won 21,69 percent and 12,57 percent of votes, got 3,596.17 HRK and 2,082.95 HRK, respectively. This decision was published in city's Official Gazette on July 9th 2013.

        Reimbursement maximums were made every time prior to elections except for last EU elections, which took place on May 25th 2014. Government decided on session held on June 5th to refund 43.000 HRK for every seat won and 25.000 HRK for every list that got over 5 percent of the votes. This decision was published on June 6th. I would say that score for this question would be 75, since defined eligibility criteria is applied consistently, but we could hardly call transparent and equitable calculation in which executive bodies decide ad hoc how much money is going to be reimbursed.

        Scoring Criteria

        A 100 score is earned where: 1) electoral campaigns allocations are always defined through a clearly defined transparent and equitable calculation mechanism, and 2) the defined eligibility criteria are applied consistently.

        A 50 score is earned where: 1) electoral campaign allocations are usually defined through a clearly defined transparent and equitable calculation mechanism but exceptions exist, or 2) the eligibility criteria are usually applied but exceptions exist.

        A 0 score is earned where: 1) political campaign allocations are rarely or never defined through a clearly defined transparent and equitable calculation mechanism, or 2) the defined eligibility criteria are rarely applied.

        Sources

        An Email Interview with Responsible Person in the State Electoral Committee who requested anonymity. 20 August 2014.

        Decision of the Government of the Republic of Croatia on the amount of Funding for Electoral Promotion of Representatives to the Croatian Parliament, NN 124/2011. Available at: http://narodne-novine.nn.hr/clanci/sluzbeni/201111124_2487.html (Accessed 5 August 2014)

        Decision of the Government of the Republic of Croatia on the amount of Funding for Electoral Promotion for President of the Republic of Croatia, NN 133/2009. Available at: http://narodne-novine.nn.hr/clanci/sluzbeni/200911133_3249.html (Accessed 5 August 2014)

        Decision of the Government of the Republic of Croatia on the amount of Funding for Electoral Promotion for Electing Members of Representative Bodies of Local and Regional Entities, NN 51/2013. Available at: http://narodne-novine.nn.hr/clanci/sluzbeni/20130451_1019.html (Accessed 5 August 2014)

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

        Reviewer's sources: Official Gazzette June 6th 2014: http://narodne-novine.nn.hr/clanci/sluzbeni/201406691311.html City of Senj Official Gazzette August 8 2013: http://www.senj.hr/pdf/SluzbeniGlasnici/SluzbeniGlasnik2013_08.pdf 166th session of the Croatian Government, Government Website, 5/6/2014, accessed on 7 Jan 2015. https://vlada.gov.hr/sjednice-i-odluke/166-sjednica-vlade-republike-hrvatske/11692

      • expand button!
        4
        Score
        100
        In practice, to what extent does the entity in charge of public funding make disbursement information publicly available?More about indicator

        As noted in #3, all public funding for last three elections that are of interest for this research project has been transparently granted, via publically available decisions always issued in advance of the elections. These decisions list the maximum reimbursement amounts.

        State Electoral Committee is in charge of monitoring financing of political campaigns. They publish reports on monitoring financing political campaigns, and financing of political parties and politicians in general. Croatian legislative makes it mandatory for political parties and independent politicians themselves to submit their reports to State Electoral Committee and to publish these reports at their websites. There are deadlines for both activities, and fines for failing to submit/publish reports on time. Therefore, it is not the State Electoral Committee that publishes these reports, but this body monitors if reports have been submitted on time, and if parties/politicians published reports on time at their official websites.

        The State Electoral Committee does not publish reports on funding granted to political parties and independent representatives by the Government because parties and independent representatives are obliged to have websites, and to publish all information at these websites. Therefore, citizens can freely access information about all finances granted to politicians at all times: from the Government and other. At the official website of the State Electoral Committee, they continually offer links to websites of political parties specifically directing a reader to the link where s/he can find a report on financing the campaign. This is available for both political parties and independent politicians. State Electoral Committee, after deadline has passed, publishes information on who has submitted reports on time and who failed in doing so.

        The State Electoral Committee also confirmed to the researcher of this project in an interview that all financial reports submitted to the State Electoral Committee are made public and permanently available at web pages of Digital Information-Documentation Office that has a database that can be searched using several criteria.

        The fact that parties receive funding can be further proved by taking a look into financial reports of political parties. Financial reports (that must be publicly available, as per Law on Financing Political Activities and Electoral Promotion) prove that funding has been granted and political partied reported amounts they received. For example, Social Democratic Party (currently ruling the country) reported they received HRK 42.137.854,00 (7,016,964 USD) for 2011 from the Government as an "income based on special regulations (from local and state budgets)", or 83,36 % of their income came from the state and local budgets. The same Party reported for 2012 receipt of HRK 29.750.719,00 (4,954,209 USD) or 84,95 % of their income as an "income based on special regulations (from local and state budgets)". On the other hand, Croatian Democratic Union (as the largest opposition party) reported for 2012 that the Party received HRK 33.432.042 (5,567,238 USD), or 90, 60 % of their income from the Government based on "special regulations" while for 2011 they reported to receive HRK 36.863.447 (6,138,649 USD), or 85,86 % from the Government based on "special regulations". There is no separation of costs received for regular work of the party and costs of political promotion received from the Government in financial reports, as this is not required. Croatian legislative is concerned with reporting donations and preventing criminal activities in that area while what comes from the state only has to be included in the financial report because the Government is publishing amounts of funding in separate decisions, as explained above.

        Scoring Criteria

        A 100 score is earned where: 1) complete information on the disbursements is published less than a month after disbursement, and 2) the information is available on the Internet for free or in hard copy at photocopying cost.

        A 50 score is earned where: 1) the information published is incomplete or published more than two months after disbursement, or 2) obtaining the information costs more than photocopying.

        A 0 score is earned where: 1) disbursement information is published more than four months after disbursement, or 2) no disbursement information is published or released upon request.

        Sources

        An Email Interview with a Responsible Person from the State Electoral Committee who requested anonymity. 20 August 2014.

        Državno izborno povjerenstvo (State Electoral Committee). List of websites in regard to political campaigns and their financing. Available at: http://www.izbori.hr/izbori/ws.nsf/site.xsp?documentId=1A35336E45DE8573C1257C78003963B2 (Accesed 2 August 2014)

        Media articles writing about reports and their timely submission to State Electoral Committee:

        Index.hr (no author). Samo tre?ina politi?kih stranaka dostavila financijske izvještaje za 2013., SDP opet kasnio. 10 May 2014. Available at: http://www.index.hr/vijesti/clanak/samo-trecina-politickih-stranaka-dostavila-financijske-izvjestaje-za-2013-sdp-opet-kasnio/745603.aspx (Accessed 2 August 2014)

        Index.hr (no author). Tko još uvijek DIP-u nije predao izvježš?a o financiranju Euro-izbora? 25 June 2014. Available at: http://www.index.hr/vijesti/clanak/tko-jos-uvijek-dipu-nije-predao-izvjesca-o-financiranju-euroizbora/756457.aspx (Accessed August 2 2014)

        Croatian Public TV - News (no author). Izvješ?e o financiranju promidžbe. 30 November 2011. Available at: http://vijesti.hrt.hr/izvjesce-o-financiranju-promidzbe (Accessed August 2 2014)

        Social Democratic Party. Financial report for 2011. Available at: http://www.sdp.hr/wp/wp-content/uploads/financije/financijskoizvjesce2011.pdf (Accessed 5 August 2014)

        Social Democratic Party. Financial report for 2012. Available at: http://www.sdp.hr/wp/wp-content/uploads/financije/financijskoizvjesce2012.pdf (Accessed 5 August 2014)

        Croatian Democratic Union. Financial report for 2012. Available at: http://www.hdz.hr/sites/default/files/izvjestajprihodirashodi_2012.pdf (Accessed 5 August 2014)

        Croatian Democratic Union. Financial report for 2011. Available at: http://www.hdz.hr/sites/default/files/izvjestajoprihodimairashodima_web.pdf (Accessed 5 August 2014)

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

    • expand button!
      Indirect Public Funding
      More about category
      • expand button!
        5
        Score
        YES
        In law, use of state resources in favor of or against political parties and individual candidates is prohibited.More about indicator

        Law on Financing Political Activities and Electoral Promotion prohibits using state resources in favor of political parties, individual candidates and/or independent lists. Article 16, clause 3 states:

        "For financing electoral promotion, it is not allowed to use funding from the state budget, or budget of the local and regional entity that candidates, as officials of the Republic of Croatia or authorized local officials, use in fulfilling their duties."

        Clause 4 of the same article states the following: "It is forbidden to use, during electoral promotion, office space, official vehicles and office equipment of state authorities and local and regional entities, except for persons who are protected by special rights"

        Article 22 also clarifies that political parties, independent candidates and independent lists cannot be financed by:

        "- foreign states, foreign political parties, foreign legal entities, - state bodies, public companies, legal entities with public authority, companies and other legal entities where the Republic of Croatia, or local and/or regional entity, has share or is partially owning that entities, as well as public and other institutions whose owner is the Republic of Croatia, or local and regional entities, - associations of workers and employers, -NGO, foundations and foundations that are representing or are being represented by state officials or officials of local and regional entities, - religious communities, humanitarian communities and other not-for-profit associations and organizations, - private and legal persons who are subject to procedures for failure to pay their obligations towards the state budget or employees, - local and regional entities, except in cases prescribed by this Law".

        Scoring Criteria

        A YES score is earned where there is an explicit ban on the use of state resources in favor of or against political parties and individual candidates. A YES is also earned where there are clearly defined exceptions, which are accessible to all actors equally.

        A MODERATE score is earned where an explicit ban exists but it only applies to one of the two actors, even though both can be elected. A NO score is earned where no such law exists.

        A NO score is also earned where the law exists, but allows discretionary exceptions.

        Sources

        Law on Financing Political Activities and Electoral Promotion, NN 24/11, 61/11, 27/13, 02/14, Articles 16 and 22: http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

      • expand button!
        6
        Score
        50
        In practice, to what extent are no state resources used in favor of or against political parties and individual candidates' electoral campaigns?More about indicator

        Even though Law on Financing Political Campaigns and Electoral Promotion strictly bans using state money for financing campaigns, media reported on abusive behavior of politicians who use money from their ministries or local bodies for their political promotion, which can be seen as using money in favor of political parties.

        Even though the campaign for a new Croatian president will begin only in autumn 2014 (for presidential term start in January 2015) and even though parliamentary elections are scheduled for 2015 (it is not yet announced when the elections will be held and when the new Government will come to power; according to Croatian electoral laws as soon as leading party starts fourth year of its mandate it is considered as if a full term in Government has been completed and elections and inception of new Government can take place), parties and presidential candidates are already leading pre-campaign, and there are already reports on abuses of official positions.

        For example, in April 2013 the media wrote about Minister of Tourism who visited, in one of his visits, only places in the region of Zagorje where hisgovernment coalition party members are in leading positions. According to the opposition and as reported by the media, this was considered as promoting the work of his own party (minister is a member of the Istrian Democratic Assembly, government coalition partner of the Social Democratic Party) and Croatian Democratic Union (as an opposition) complained about this.

        In 2013, during local elections, media reported that current Minister of Defense Mr. Kotromanovi? (Social Democratic Party; currently leading party in government coalition) used official car of the Ministry of Defense and a driver to attend a pre-election public meeting in Split organized by his party member Mr. Baldasar. Other ministers from Social Democratic Party also came to this meeting, but media reported it is not clear how they financed their trip on Monday, which is a working day, and they -nonetheless - work in Zagreb.

        When it comes to local elections from 2013, GONG (not-for-profit association and an advocacy group situated on the political left that often faces complaints from associations affiliated with the political right) noted that the campaign was not transparent. The association warned that political candidates used official cars for electoral promotion but have not been processed, and they also pointed out that the state should pay attention to adds that were paid before electoral promotion started but remained exposed after electoral promotion started yet they were unreported as a part of campaign that has limitation on the amount that party/candidate can receive for electoral promotion. The Association particularly warned about non-transparency of Mr Milan Bandi?, current Zagreb mayor and former presidential candidate, who during 2013 local elections - according to reports from GONG - violated several articles on Law on Financing Political Activities and Electoral Promotion including unauthorized financing from the City of Zagreb, jumbo advertisements inviting citizens to bike race that had Mr Bandi?'s photo while they were signed as City of Zagreb, etc.

        Scoring Criteria

        A 100 score is earned where there is no evidence of authorities using state resources in favor of or against political parties and individual candidates. A 100 is also earned where there are clearly defined exceptions and are equally accessible to all actors.

        A 50 score is earned where: 1) documented evidence indicates occasional use of state resources in favor of or against political parties and individual candidates, or 2) clearly defined exceptions are not equally accessible to all actors.

        A 0 score is earned where documented evidence indicates regular use of state resources in favor of or against certain political parties and individual candidates.

        Sources

        Interview with mr. Sc. Davorka Budimir, Transparency International Croatia, 4.09.2014. An Email Interview

        Media articles:

        Mladen Mandi? (Ve?ernji list). Ministar troši državni novac za kampanju SDP-a. 19 April 2013. Available at: http://www.vecernji.hr/sjeverozapadna-hrvatska/ministar-trosi-drzavni-novac-za-kampanju-sdp-a-541076 (Accessed 2 August 2014)

        Poslovni.hr (no author). Ministar troši državni novac za kampanju SDP-a. 19 April 2013. Available at: http://www.poslovni.hr/hrvatska/ministar-trosi-drzavni-novac-za-kampanju-sdp-a-238254 (Accessed August 2 2014)

        Marina Baruk?i?. Ho?e li SDP još jednom napuniti prora?un svojim prekršajem. 16 May 2013. Available at: http://www.tportal.hr/vijesti/hrvatska/261872/Hoce-li-SDP-jos-jednom-napuniti-proracun-svojim-prekrsajem.html (Accessed August 2 2014)

        Other sources:

        GONG. Final Report on Elections for Local and Regional Entities, County Heads, Mayors and the Mayor of the City of Zagreb. May 2013. Available at: gong.hr/media/uploads/izborniizvještaj13lokfinal_nacrt.doc (Accessed 11 August 2014)

      • expand button!
        7
        Score
        NO
        In law, political parties and individual candidates have free or subsidized access to equitable air time for electoral campaigns?More about indicator

        Croatian legal system does not prescribe free advertisements for political parties or independent candidates. Laws only regulate how political entities can advertise themselves and when, and that media must give an equal space to all candidates.

        Croatia enables all political parties to advertise their political programs in the media during political campaigns, but not after campaigns have ended. Law on electronic media, article 35 bans advertising of political parties except during political campaigns. During political campaigns, political parties are allowed to advertise their work. In that, article 36, clause 8 states:

        "In time of political campaigns, publisher of TV or radio program must enable all political parties to promote themselves based on equal conditions, and in line with electoral regulations and instructions from authorized public institution for monitoring or managing elections."

        Law on Financing Political Activities and Electoral Promotion only mentions that parties and independent candidates must make public prices of media advertisements and discounts gained for media marketing of electoral promotion (Article 12). This is confirmed in Law on Electing the President of the Republic of Croatia where article 14 states that Croatian Radio-Television (public TV) must allow promotion of all presidential candidates in its program, and that other media must give equal chances to all candidates. In other words, the law obliges Croatian public TV to accept to advertise presidential candidates while the other media only have to give equal chances to all candidates if they are involved in selling advertisements at all.

        Section IV of the Decision on Changes of the Rules on Acting of the Electronic Media with National Concession in the Republic of Croatia during the Electoral Promotion states the following:

        “In Section IV. Paid Promotional Messages, in sub-section 1, clause 2, a sentence will be added. The sentence reads: “Radio and TV stations are obliged to publicly publish prices of their marketing services during the electoral promotion 48 hours before the electoral promotion commences”. In section 3, clause 1 words “30 minutes” are replaced with words “10 minutes”. “

        The original document (Decision on the Rules of Acting of the Electronic Media with National Concession in the Republic of Croatia during the Electoral Promotion), in section I on General rules, article 1, states that the electoral promotion will be available to all candidates at both Croatian Public TV and private TV station, and this promotion has to be granted to all parties and candidates equally:

        “Croatian Radio-TV and other electronic media with national concession in the Republic of Croatia during the period of electoral promotion (…) will, starting from the day since joint electoral lists of all electoral units are published and until 24 hours prior to the day when the elections will be held, ensure that all political parties, party coalitions, conveners of independent lists and candidates for representatives of members of national minorities have equal representation in program of publishers of the electronic media.”

        Article 9 of the same Law states the following: “All political parties and candidates, publishers of the electronic media will give an opportunity to publish paid promotional messages, under the same conditions. Publishers of the electronic media will ensure that these messages are clearly separated from the rest of the program so that the public can clearly distinguish what the paid promotional message is.”

        The Law regulates the limit that exists for covering party conventions and this needs to be reported, i.e. the media cannot chose who to cover but the party has to report when the media will be there, and there is a specific number of minutes each party can receive (Section II; articles 1-6). The electronic media are, however, obliged to have certain coverage of the elections to inform the public (e.g. they must publish the information on candidate lists, and special shows on elections after the main news).


        Peer reviewer comment: Agree. Every candidate list on national elections is granted free air time on all media with national concession (i.e. which is allowed to broadcast in whole country), whether radio or TV according to the Law on Election of MPs to the Parliament. Each list (party, coalition or independent) is granted a special broadcast for presenting its program and there are special reports published about activities of candidates).

        All candidates are allowed to present their programs through free time on TV, but not to advertise what they want. They are answering same set of questions in a special broadcast. And to answer very precisely: no, law does not provide for the provision of advertising slots, but for equal promotion.

        Scoring Criteria

        A YES score is earned where: 1) free or subsidized access to air time for electoral campaigns is granted in a transparent, equitable way, and 2) there are clearly defined eligibility criteria.

        A MODERATE score is earned where free or subsidized access to air time for electoral campaigns is granted in a transparent, equitable way, but eligibility criteria are not clearly defined.

        A NO score is earned where no such law exists.

        Sources

        Zakon o elektroni?kim medijima (Law on Electronic Media), NN 153/09, 84/11, 94/13, 136/13, Articles 35 and 36 http://www.zakon.hr/z/196/Zakon-o-elektroni?kim-medijima

        Zakon o medijima (Law on Media), NN 59/04, 84/11, 81/13 http://www.zakon.hr/z/38/Zakon-o-medijima

        Zakon o financiranju politi?kih aktivnosti i izborne promidžbe (Law on Financing Political Activities and Electoral Promotion), NN 24/11, 61/11, 27/13, 02/14, Articles 12 and 14 http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

        Zakon o izboru predsjednika Republike Hrvatske (Law on Electing the President of the Republic of Croatia), NN 22/92, 42/92, 71/97, 69/04, 99/04, 44/06, 24/11 http://www.zakon.hr/z/358/Zakon-o-izboru-Predsjednika-Republike-Hrvatske

        Decision on Changes of the Rules on Acting of the Electronic Media with National Concession in the Republic of Croatia during the Electoral Promotion, Section IV. Available at: http://www.izbori.hr/izbori/ws.nsf/29EC1C5BC5C5BA95C1257C75005347B6/$FILE/105.pdf (Retrieved 8 January 2015)

        Decision on the Rules of Acting of the Electronic Media with National Concession in the Republic of Croatia during the Electoral Promotion, Sections I and II, NN 165/2003 Available at: http://www.izbori.hr/izbori/dipws.nsf/0/1B62FC83089DCC07C12579390049BAAA/$file/Pravpostelmedi16503.pdf (Retrieved 8 January 2015)

        Croatian Democratic Union (2011). Prices and the Amount of Discount on Media Prices in Electoral Promotion. Available at: http://www.hdz.hr/sites/default/files/cijeneipopustizamedijsko_oglasavanj

        Reviewer's sources: Official Gazzette 165/03 http://www.izbori.hr/izbori/ws.nsf/0D9F13200C2D493DC1257C7500533DF5/$FILE/165.pdf http://www.izbori.hr/izbori/ws.nsf/29EC1C5BC5C5BA95C1257C75005347B6/$FILE/105.pdf Rules of Conduct of Media with the National Concession during Electoral Promotion (http://www.izbori.hr/izbori/dipws.nsf/0/1B62FC83089DCC07C12579390049BAAA/$file/Pravpostelmedi16503.pdf

      • expand button!
        8
        Score
        50
        In practice, to what extent is free or subsidized access to air time provided in a transparent, equitable way to political parties and individual candidates for electoral campaigns?More about indicator

        Not applicable. Croatia does not enforce free or subsidized media access to all political parties and individual candidates, but rather media are only obliged to give equal chances to all parties and candidates in advertising their programs. This is regulated by the Law on Financing Political Activities and Electoral Promotion.

        However, media sometimes take a biased stand and support certain candidates over others in a strong way, which is against the law. This is mostly visible during presidential elections. For example, during the campaign for the last presidential elections in 2009/2010, media strongly favored current president (Mr Ivo Josipovi?) over his opponent (Mr. Milan Bandi?). Mr. Bandi? has been burdened with corruption affairs for many years but he has never been sentenced for anything. Media, nonetheless, literally presented election of Mr. Josipovi? as a 'civilization choice' because voting for University professor Mr. Josipovi? who plays piano and composes operas was presented as a way of presenting Croatia as a civilized country to the world. Celebrating election of Mr. Josipovi? as a president occurred even after Mr. Bandi? lost elections in the second round.

        During these presidential elections, Council for Electronic Media issued warnings to two TV stations (Croatian public TV and commercial Nova TV) about unequal treatment of certain presidential candidates because of which Nova TV cancelled confrontation of presidential candidates planned before elections since one candidate (Mr. Josip Jur?evi?) complained. This complaint came because Nova TV decided to organize confrontation of six 'main' candidates just before elections while the other candidates were offered a separate show. Mr Jur?evi? found this discriminatory, and since Nova TV already received one warning from the Council, in order to avoid second warning that could lead to revocation of their broadcasting license they cancelled the show (instead inviting all candidates to confront and present their programs to the public).

        Scoring Criteria

        A 100 score is earned where: 1) free or subsidized access to media advertising is always provided in a transparent and equitable way, and 2) the defined eligibility criteria are applied consistently.

        A 50 score is earned where: 1) free or subsidized access to media advertising is usually provided in a transparent and equitable way, but exceptions exist, or 2) the eligibility criteria are not always applied.

        A 0 score is earned where: 1) there's rarely free or subsidized access to air time for political campaign, and 2) access exists but is not provided in a transparent, equitable way.

        Sources

        Laws:

        Zakon o financiranju politi?kih aktivnosti i izborne promidžbe (Law on Financing Political Activities and Electoral Promotion), NN 24/11, 61/11, 27/13, 02/14 http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

        Reports:

        GONG: Kona?ni izvještaj o izborima za predsjednika Republike 2009/2010 (Gong: Final report on Elections for President of the Republic 2009/2010). Available at: http://gong.hr/media/uploads/dokumenti/GONGizvjetajpredizborifinal.pdf (Accessed 2 August 2014)

        Scholarly analysis:

        Marijana Grbeša (2012). Framing of the President: Newspaper Coverage of Milan Bandi? and Ivo Josipovi? in the Presidential Elections in Croatia in 2010. Politi?ka misao, Vol. 49, No. 5: 89-113.

        Media articles:

        Vjeran Zuppa (Jutarnji list). Ako Bandi? bude vladao, njegova ?e vlast sli?iti njemu. 8 January 2010. Available at: http://www.jutarnji.hr/ako-bandic-bude-vladao--njegova-ce-vlast-sliciti-njemu/467312/ (Accessed 2 August 2014)

        Tomislav Klauški (H-Alter). Što ako Bandi? postane predjednik? 7 August 2008. Available at: http://www.h-alter.org/vijesti/politika/sto-ako-bandic-postane-predsjednik (Accessed 2 August 2014)

        Index.hr (no author). Po?etak Bandi?eva kraja: Izgubio izbore, zale?e i imunitet. 11 January 2010. Available at: http://www.index.hr/vijesti/clanak/pocetak-bandiceva-kraja-izgubio-izbore-zaledje-i-imunitet/469458.aspx (Accessed 2 August 2014)

        Index.hr (no author). Josipovi? više nije 'smrznuta lignja', Bandi? se sasvim pogubio i ve? priznao poraz. 7 January 2010. Available at: http://www.index.hr/vijesti/clanak/josipovic-vise-nije-smrznuta-lignja-bandic-se-sasvim-pogubio-i-vec-priznao-poraz/468988.aspx (Accessed 2 August 2014)

        Index.hr (no author). Bandi? o europskim ?elnicima: Ne znam tko su, niti me zanima. 8 January 2010. Available at: http://www.index.hr/vijesti/clanak/bandic-o-europskim-celnicima-ne-znam-tko-su-niti-me-zanima/469024.aspx (Accessed 2 August 2014)

        Tomislav Klauški (E-novine). Po?etak kraja Milana Bandi?a. 12 January 2010. Available at: http://www.e-novine.com/mobile/region/region-licnosti/33941-Poetak-kraja-Milana-Bandia.html (Accessed 2 August 2014)

        Rozita Vukovi? (Jutarnji list). Nova TV otkazala završno su?eljavanje kandidata. 18 December 2009. Available at: http://www.jutarnji.hr/nova-tv-otkazala-zavrsno-suceljavanje-kandidata/414687/ (Accessed 2 August 2014)

  • expand button!

    Contribution and Expenditure Restrictions

    More about category
    composite
    100
    • expand button!
      General Rules on Electoral Campaign Contributions
      More about category
      • expand button!
        9
        Score
        YES
        In law, cash contributions are banned.More about indicator

        Law on Financing Political Activities and Electoral Promotion prescribes as mandatory for political parties and independent candidates to open an account to receive donations, and cash contributions are thereby banned. Everything has to be paid directly to the account. Parties and candidates cannot collect cash and then deposit. [This is a general rule even for companies and small crafts where one needs a cashier with special software to be able to accept cash. This software is then connected via Internet to the tax office and each invoice has a unique number.]

        This is regulated by articles 13 and 14.

        Article 13, Clause 1 reads: "Candidates for president of the Republic of Croatia, candidates for majors of municipalities, mayors, county heads and mayor of the City of Zagreb, as well as candidates for associates of majors of municipalities, mayors and county heads who are elected from national minorities corpus, are obliged within 3 days from publication of valid electoral lists to publish at their websites, or at websites of political parties that nominated them as candidates or via media (for local elections in local media), estimated information about amount and source of finances they plan to spend for electoral promotion".

        The Law, in same article, clause 2, then further explains what is meant with certain terms: "Publication at the website from clause 2 of this article is a publication that lasts until electoral promotion ends."

        Clause 3 of the same article also specifies that "finances that political parties, independent lists, or lists of group of voters and candidates plan to spend for their electoral promotion must be paid to a special account from the article 14 of this Law".

        The article 14 of this Law regulates the way political parties and independent candidates can finance their electoral promotion from donations. The title of the section and article of the Law is "Financing from donations - Special account -". This article, clause 2, reads:

        "Donations for financing expenses of electoral promotion for candidates proposed by political parties at elections for Croatian Parliament, for elections for members of the European Parliament, for elections for members of representative bodies of local and regional self-governing entities, are paid to special account of political party, which is political party obliged to open for financing expenses of electoral promotion for each elections at which they participate in."

        Clause 2 regulates possibilities for accepting donations when several political parties merge: "When two or more political parties propose a joint list, donations for financing expenses of the electoral promotion are paid to a special account, which is for financing political promotion obliged to open one of political parties that proposed a joint list, which is regulated with mutual agreement of political parties and has to be delivered to the State Electoral Committee."

        The same applies for independent lists where the same Law in next clause (clause 3) states that "donations for financing electoral promotion of independent list or list of the group of voters and candidates are to be paid to a special account of the convener of the independent list, or convener of the list of group of voters, or candidates from clause 4 of this article."

        In line with that, clause 4 defines who is obliged to open an account: "Special account from clause 3 of this article is mandatory for: - candidates for president of the Republic of Croatia regardless if they are nominated for election by political parties or voters, - conveners of lists of groups of voters at elections for members of the European Parliament, - candidates for municipality majors, mayors, county heads and mayor of the City of Zagreb, as well as candidates for associate of municipality majors, mayors and county heads elected from national minorities corpus, regardless if they are nominated for elections by political party or voters, - conveners of independent lists, or lists of groups of voters at elections for representatives for Croatian Parliament and candidates for representatives of national minorities nominated by voters and national minority associations, - conveners of lists of groups of voters at elections for members of representative bodies of local and regional entities."

        According to the clause 5 of the same article, the account must be opened "on the date when candidacy is offered the latest, and the earliest one year before deadline estimated as the day of elections, and this date should be calculated based on the date when the last elections were held unless the law prescribes exact date when the elections will be held".

        Clause 6 goes even further by saying: "Donations in money for financing electoral promotion can be collected exclusively at accounts prescribed in clauses 1, 2 and 3 from this article."

        The following clauses define that accounts used for financing political promotion cannot be used for other purposes and obliges bank to inform the State Electoral Committee when someone opens this type of account, and to disclose information to the State Electoral Committee if requested.

        Finally, article 22 of the same Law in clause 3 specifically states: "It is forbidden to give donations in cash or as products sent through third persons (mediators)."

        Scoring Criteria

        A YES score is earned where cash contributions are banned and all financial contributions must be made via the banking system.

        A MODERATE score is earned where cash contributions are allowed up to a maximum limit, regardless of the limit.

        A NO score is earned where no such law exists.

        Sources

        Zakon o financiranju politi?kih aktivnosti i izborne promidžbe (Law on Financing Political Activities and Electoral Promotion), NN 24/11, 61/11, 27/13, 02/14, Articles 13, 14 and 22 http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

      • expand button!
        10
        Score
        YES
        In law, there is a ban on anonymous contributions.More about indicator

        Law on Financing Political Activities and Electoral Promotion specifically bans anonymous contributions. Article 22, clause 2 states:

        "It is forbidden to receive donations from unnamed (anonymous) sources. Donations from unnamed (anonymous) sources are donations for which in the moment when they were paid it is not clear who is the donator, or donations for which additional actions would be required to determine who the donator is (for example donations via mobile text messages, telephone machines)."

        Clause 4 also states that donations received from this source have to be paid to the state budget within 8 days since the day donation has been paid. In other words, if anonymous donation is received, the money must be given to the state and parties and candidates are not allowed to use this money for electoral promotion.

        Scoring Criteria

        A YES score is earned where the law stipulates that anonymous contributions are banned.

        A MODERATE score is earned where the ban exists, but it applies only to one actor (whether political parties or individual candidates). A MODERATE score is also earned where small anonymous donations are allowed up to a maximum threshold equal to or less than the equivalent to US$300.

        A NO score is earned where no such law exists.

        Sources

        Zakon o financiranju politi?kih aktivnosti i izborne promidžbe (Law on Financing Political Activities and Electoral Promotion), NN 24/11, 61/11, 27/13, 02/14, Article 22, http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

      • expand button!
        11
        Score
        YES
        In law, in-kind donations to political parties and individual candidates must be reported.More about indicator

        Law on Financing Political Activities and Electoral Promotion extensively regulates this issue by asking not only for reporting but also for invoices and confirmations that both donator and political party/independent candidate/independent list must issue upon giving/receipt (of) donation.

        In that, article 10, clause 3, states that "for donations given in form of products or services (including donations given by means other than money such as, for example, mobile or permanent property, property rights and similar), private and legal persons must issue an invoice stating market value of given product or service and that clarifies donation is given to political party, or to independent candidate or member of representative body of local and regional entities elected from the list of group of voters, or to the independent list or list of group of voters or candidates, and that this service or product does not needs to be paid."

        Clause 5 of the same article further defines that "political parties, independent candidates, members of representative bodies of local and regional entities elected from the list of group of voters, independent list or list of group of voters and candidates, are obliged to have a record of donations and issue confirmations upon receipt of donations, and political parties must have a register of membership fees and membership contributions and issue confirmations upon receipt of membership fees and membership contributions."

        Finally, article 30, clause 1 of the same Law regulates that "political parties, independent candidates and members of representative bodies of local and regional entities elected from the group of voters are obliged to have a Book of Treasury and a Book of Income and Expenses, and to use simple accounting and money accounting principles in line with laws and regulations on accounting of not-for-profit organizations."

        These reports must be delivered to the State Electoral Committee within 60 days since the last day of reporting period (Article 30, clause 2). Clause 3 of the same article also specifies - among others - that all parties and independent candidates in all levels (local, national) must send report on "donations received during year with specified information on private and legal persons that gave donations (personal name, or name and address), date when donation has been paid or date when goods or services without payment have been given, amount of donation and market value of given product or service specified at the invoice that does not has to be paid, and on the type of every single donation."

        Scoring Criteria

        A YES score is earned where all in-kind donations must be reported to the oversight authority.

        A MODERATE score is also earned if the requirement to report such information exists, but applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Zakon o financiranju politi?kih aktivnosti i izborne promidžbe (Law on Financing Political Activities and Electoral Promotion), NN 24/11, 61/11, 27/13, 02/14, Articles 10 and 30 http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

      • expand button!
        12
        Score
        YES
        In law, loans to political parties and individual candidates must be reported.More about indicator

        Law on Financing Political Activities and Electoral Promotion does not specifically mention credits to political parties, however, the Law makes it mandatory for political parties to report all income that has to be noted in accounting books using the principle of accounting for not-for-profit organizations.

        For example, article 28, clause 1 of the Law states that "political parties, independent representatives and members of representative bodies of local and regional entities elected from the list of group of voters must, by the end of the current year, enforce annual program of work and financial plan for the next calendar year".

        Article 29, clause 1 further regulates that "political parties and independent representatives must have accounting books that should be managed in a way prescribed for not-for-profit organizations." Clause 2 of the same article states that "members of representative bodies of local and regional entities elected from the list of group of voters must have Book of Treasury and Book of Income and Expenses, and these books should be managed using simple accounting and money accounting principles, in line with laws and regulations for accounting of not-for-profit organizations."

        This means that credit has to be reported because it also presents a form of income, or money that appeared on the account of a political party.

        Scoring Criteria

        A YES score is earned where all loans must be reported to the oversight authority.

        A MODERATE score is earned where loans must be reported, but the requirement applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Zakon o financiranju politi?kih aktivnosti i izborne promidžbe (Law on Financing Political Activities and Electoral Promotion), NN 24/11, 61/11, 27/13, 02/14, Articles 28 and 29, http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

    • expand button!
      Limits on Contributions and Expenditures during Electoral Campaign Periods
      More about category
      • expand button!
        13
        Score
        YES
        In law, contributions from individuals are limited to a maximum amount.More about indicator

        Law on Financing Political Activities and Electoral Promotion, article 11, clause 3 states that "total amount of donation of private individual to one political party, independent representative, or member of representative body of local and regional entities elected from the list of group of voters, independent list, or list of group of voters and candidates must not exceed amount of HRK 30.000,00 (thirty thousand) in one calendar year." (currently USD 5.230,40).

        Scoring Criteria

        A YES score is earned where: 1) individuals may not contribute more than a maximum amount established by the law.

        A MODERATE score is earned where a maximum amount exists, but it applies only to contributions for one actor (whether political parties or individual candidates). A MODERATE score is also earned where individuals are forbidden from making any contribution.

        A NO score is earned where no such law exists.

        Sources

        Zakon o financiranju politi?kih aktivnosti i izborne promidžbe (Law on Financing Political Activities and Electoral Promotion), NN 24/11, 61/11, 27/13, 02/14, Article 11, http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

      • expand button!
        14
        Score
        YES
        In law, contributions from corporations are limited to a maximum amount.More about indicator

        Law on Financing Political Activities and Electoral Promotion, article 11, clause 4 regulates that legal person (which is a Croatian legal term for corporations and companies) has limitations to the amount of donations that are allowed. The article reads:

        "Total value of donation of legal person to one political party and candidate for president of the Republic of Croatia must not exceed amount of 200.000,00 (two hundred thousand) Kunas in one calendar year, and total amount of donation of legal person to independent representative and independent list and candidate for representative of members of national minorities nominated by voters and associations of national minorities at elections for members in Croatian Parliament and at elections for European Parliament must not exceed amount of 100.000,00 (hundred thousand) Kunas in one calendar year while member of representative body of local and regional body elected from the list of group of voters and list of group of voters and candidate at the elections at local and regional level must not exceed amount of 30.000,00 (thirty thousand) Kunas in one calendar year."

        Clause 5 of the same article further regulates that amount that exceeds allowed amount has to be paid to the state budget within 8 days since the day of receipt of exceeded amount of donations.

        HRK 200.000,00 = USD 34.869,33; HRK 100.000,00 = USD 17.434,66; HRK 30.000,00 = USD 5.230,40

        Scoring Criteria

        A YES score is earned where: 1) corporations may not contribute more than a maximum amount established by the law.

        A MODERATE score is earned where a maximum amount or ban exists, but it applies only to contributions for one actor (whether political parties or individual candidates). A MODERATE score is also earned where corporations are forbidden from making any contribution.

        A NO score is earned where no such law exists.

        Sources

        Zakon o financiranju politi?kih aktivnosti i izborne promidžbe (Law on Financing Political Activities and Electoral Promotion), NN 24/11, 61/11, 27/13, 02/14, Article 11 http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

      • expand button!
        15
        Score
        YES
        In law, contributions from foreign sources are banned.More about indicator

        Law on Financing Political Activities and Electoral Promotion, article 22, bans using foreign sources in financing political promotion. The Law, article 22 states:

        "Financing of political parties, independent candidates, members of representative bodies of local and regional entities elected from the list of group of voters, independent lists, or lists of groups of voters and candidates is forbidden from the side of: - foreign states, foreign political parties, foreign legal entities, - state bodies, public companies, legal entities with public power, companies and other legal persons in which Republic of Croatia or local and regional entity has share, and other public and other institutions owned by the Republic of Croatia, or local and regional entity, - associations of workers and employers, - associations, foundations and funds that represent or are being represented by foreign officials or officials of local and regional entities, - religious communities, humanitarian and other not-for-profit associations and organizations, - individual and legal persons against which there is an ongoing process for not paying obligations towards the state budget or employees, - local and regional entities, except in cases and in a way prescribed by this Law".

        Further, the law very explicitly states that only Croation citizens and Croatian companies can contribute, and no one else.

        Scoring Criteria

        A YES score is earned where it is forbidden for political parties and individual candidates to receive contributions (financial or in-kind) from foreign sources.

        A MODERATE score is earned where: 1) the ban exists but it applies only to one actor (whether political parties or individual candidates), or 2) contributions from foreign sources are allowed to a maximum amount.

        A NO score is earned where no such law exists.

        Sources

        Zakon o financiranju politi?kih aktivnosti i izborne promidžbe (Law on Financing Political Activities and Electoral Promotion), NN 24/11, 61/11, 27/13, 02/14, Article 22 http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

      • expand button!
        16
        Score
        YES
        In law, contributions from third-party actors (unions, foundations, think tanks, political action committees, etc.) are limited to a maximum amount or banned.More about indicator

        Law on Financing Political Activities and Electoral Promotion, article 22, bans third party actors from financing political promotion. The Law, article 22 states:

        "Financing of political parties, independent candidates, members of representative bodies of local and regional entities elected from the list of group of voters, independent lists, or lists of groups of voters and candidates is forbidden from the side of: - foreign states, foreign political parties, foreign legal entities, - state bodies, public companies, legal entities with public power, companies and other legal persons in which Republic of Croatia or local and regional entity has share, and other public and other institutions owned by the Republic of Croatia, or local and regional entity, - associations of workers and employers, - associations, foundations and fonds that represent or are being represented by foreign officials or officials of local and regional entities, - religious communities, humanitarian and other not-for-profit associations and organizations, - individual and legal persons against which there is an ongoing process for not paying obligations towards the state budget or employees, - local and regional entities, except in cases and in a way prescribed by this Law".

        Scoring Criteria

        A YES score is earned where: 1) third-party actors may not contribute more than a maximum amount established by the law, or 2) are forbidden from making any contribution.

        A MODERATE score is earned where: 1) the maximum amount or ban exists only for the majority of third-party actors, but not all, or 2) the maximum amount or ban exists, but applies only to contributions for either political parties or individual candidates.

        A NO score is earned where no such law exists.

        Sources

        Zakon o financiranju politi?kih aktivnosti i izborne promidžbe (Law on Financing Political Activities and Electoral Promotion), NN 24/11, 61/11, 27/13, 02/14, Article 22 http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

      • expand button!
        17
        Score
        YES
        In law, election campaign spending by political parties and individual candidates is limited to a maximum amount.More about indicator

        Law on Financing Political Activities and Electoral Promotion, article 17 limits the amount that candidate or candidate list can spend for electoral promotion. Therefore, clause 1 reads:

        "Total amount of expenses towards electoral promotion per candidate, or candidate list must not exceed amount higher than: - 8.000.000,00 (eight millions) of Kunas for elections for the President of the Republic of Croatia, - 1.500.000,00 (one million and five hundred thousand) of Kunas in one electoral area for elections for representatives in the Croatian Parliament, - 1.500.000,00 (one million and five hundred thousand) of Kunas for elections for members of the European Parliament, - 1.000.000,00 (one million) of Kunas for elections for mayor of the City of Zagreb, - 600.000,00 (six hundred thousand) of Kunas for elections for county head and mayor of a larger city, - 250.000,00 (two hundred and fifty thousand) of Kunas for elections for mayor and municipality major in local and regional entities that have more than 10.000 of inhabitants, - 100.000 (hundred thousand) of Kunas at elections for mayor and municipality major in local and regional entities that have between 3.001 and 10.000 inhabitants, - 50.000,00 (fifty thousand) of Kunas at elections for mayor and municipality major in local and regional entities that have up to 3.000 of inhabitants."

        [HRK 8.000.000,00 (eight millions) = USD 1.388.624,00; HRK 1.500.000,00 (one million and five hundred thousand) = USD 260.367,00; HRK 1.000.000,00 (one million) = USD 173.578,00; HRK 600.000,00 (six hundred thousand) = USD 104.146,80; HRK 250.000,00 (two hundred and fifty thousand) = USD 43.394,50; HRK 100.000 (hundred thousand) = USD 17.357,80; HRK 50.000,00 = USD 8.678,90

        Scoring Criteria

        A YES score is earned where it is forbidden for political parties and individual candidates to spend more than a certain amount in a political campaign.

        A MODERATE score is earned where the maximum amount exists, but it applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Zakon o financiranju politi?kih aktivnosti i izborne promidžbe (Law on Financing Political Activities and Electoral Promotion), NN 24/11, 61/11, 27/13, 02/14, Article 17 http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

      • expand button!
        18
        Score
        --
        Open Question: Do the national laws regulating political finance also apply to sub-national units? If not, to what extent do sub-national units have laws regulating political finance?More about indicator

        The main law regulating this matter is Law on Financing Political Activities and Electoral Promotion. This law regulates matters in regard to financing political promotion and political parties in general in details, and each article of the law equally enforces the same rules for national and sub-national elections. There are no exceptions to this. This question does not apply to the Croatian case.

        Scoring Criteria

        Please describe the applicability of national political finance regulations at the sub-national level, being sure to answer: 1) whether national laws are applicable to sub-national campaigns; 2) if not, to what extent do sub-national units have similar laws regulating political finance; and 3) whether there are any reports of problems arising from gaps in this framework.

        Sources

        Zakon o financiranju politi?kih aktivnosti i izborne promidžbe (Law on Financing Political Activities and Electoral Promotion), NN 24/11, 61/11, 27/13, 02/14 http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

      • expand button!
        19
        Score
        --
        Open Question: What are the predominant sources of funding for electoral campaigns?More about indicator

        Political parties in Croatia are mostly funded through regular state funding for political parties as guaranteed by the Law on Financing Political Activities and Electoral Promotion. Major part of their funding falls within funding from the state budget, i.e. in some cases 90 per cent of the funding comes from the state budget. This information is publicly available in financial reports from political parties available at their websites.

        For example, the current Government is lead by the Social Democratic Party that in 2011 (a year of last Parliamentary elections when they gained power) reported its income as follows: 4.44 % from memberships 83.36 % from the state budget (officially called 'income based on special regulations, which is a Croatian term explaining that this income comes from the state budget) 3.36 % from property 8.15 % from donations 0.69 % income classified as 'other income'

        When it comes to the largest oppositional party, or Croatian Democratic Union, they reported a similar situation, i.e. major part of their incomes comes from the state budget. Financial report for 2011 enlists income as follows: 0.11 % from selling goods and offering services 6.51 % from memberships 85.86 % from the state budget (like with SDP, this income is called as 'income based on special regulations') 0.14 % from property 5.67 % from donations 1.70 % from income classified as 'other income'

        Situation is similar with independent candidates who also receive funding from the state, and in these cases their funding is almost completely funded by the state budget based also on the Law on Financing Political Activities and Electoral Promotion. For example, Dr Ivan Grubiši? as an independent representative in the Croatian Parliament reported all its income to come from the state budget, or 99.9 %, and his property income as 0.01 %.

        The only difference between independent candidates and political parties is that political parties can use more money because they have numerous seats in the Parliament/Local councils and, thus, receive more money plus small percentage of money from donations, memberships and property they have and that is rented, as shown above.

        The fact that politicians (independent or from parties) are being financed mainly from the state budget has been a subject of criticism from the media and the public. For example, a small Facebook page that on 12 August 2014 had 139 likes emerged calling for cancellation of funding from the state budget for political parties. The group belongs to the political far left, however, their criticism is not ungrounded. Nonetheless, some local politicians and the media called for cancellation of funding from the state budget. For example, mayor of Kaštela (small Dalmatian town) who won as an independent candidate stated that financing of political parties from the state budget should be cancelled because it only serves to solve the financial existence of politicians. Certain media also expressed harsh criticism of financing political parties from the state budget. The latest incident happened in June 2014 when eastern region of Slavonia was struck with the so-called millennium floods and all areas were under water, and yet political parties - according to the opinion of certain media - failed to express solidarity and donate part of the money they received from the state budget for people in Slavonia. The media, then, criticized the whole idea of financing political parties from the state budget.

        Peer reviewer comment: Agree. Croatian parties very often have so called "party taxation", what means that state or local officials who are party members are supposed to pay certain percent (between 1 and 10 percent) of their salaries to the parties. That money is declared in reports as donations from individuals or memberships, depending on how party defines this obligation in its statute.

        During the presidential election of 2010 one company (Dioki d.o.o.) supported three candidates with donation. To the candidate of then ruling party was given 300.000 HRK (47,880 USD) and two others 200.000 HRK (31,920 USD). Croatian Law allows companies to suport several candidates, but with limited amount.

        Scoring Criteria

        Please describe the important sources of funding for electoral campaigns, being sure to answer: 1) where does the preponderance of funding come from - public, individual, corporate, or other; 2) to what extent do individual candidates self-finance; and 3) do political parties have other methods of generating campaign funds, such as owning their own businesses or trusts.

        Sources

        Social Democratic Party. Financial report for 2011. Available at: http://www.sdp.hr/wp/wp-content/uploads/financije/financijskoizvjesce2011.pdf (Accessed 12 August 2014)

        Croatian Democratic Union. Financial report for 2011. Available at: http://www.hdz.hr/sites/default/files/izvjestajoprihodimairashodima_web.pdf (Accessed 12 August 2014)

        State Office for Revision. Revision Report on Independent Representative Dr Ivan Grubiši?. Available at: http://www.revizija.hr/izvjesca/2013-stranke-2012/02-nezavisni-zastupnici/02-dr.-sc.-ivan-grubisic.pdf (Accessed 12 August 2014)

        Facebook group 'A Demand for Referendum - Lets cancel financing of political parties from the state budget. Available at: https://hr-hr.facebook.com/pages/Zahtjev-za-Referendumom-ukinimo-financiranje-stranaka-iz-prora?una/517007798349470 (Accessed 12 August 2014)

        Leo Nikoli? (Tportal). Joško Berket, gradona?elnik Kaštela: Ukinuti financiranje stanaka iz državnog prora?una. 29 April 2013. Available at: http://www.tportal.hr/vijesti/hrvatska/247949/Ukinuti-financiranje-stranaka-iz-drzavnog-proracuna.html (Accessed 12 August 2014)

        Vinko Vukovi? (Slobodna Dalmacija). "Ne damo ni jednu svoju kunu Slavoniji"; Demant iz Omiša: Nije se glasovalo o Slavoniji. Available at: http://www.slobodnadalmacija.hr/Hrvatska/tabid/66/articleType/ArticleView/articleId/247246/Default.aspx (Accessed 12 August 2014)

        Reviewer's sources: Liberali ?e za stranku izdvajati do 10 posto pla?e (Liberals to allocate for the party 10% of their salary), 14 February 2006, available at http://www.jutarnji.hr/liberali-ce-za-stranku-izdvajati-do-10-posto-place/17557/

        Statute of regional party Croatian Democratic Alliance of Slavonia-Baranja, published on April 6th 2013, article 50 defines sources of financing: http://www.hdssb.hr/files/ZavrnistatutHDSSB-a.pdf

        Same donor, Dioki organska petrokemija d.d. Zagreb, supports three different candidates during 2009 presidential election Temporaty financing report of candidate Ivo Josipovic, published on 18th December 2009, page 7 http://www.izbori.hr/izbori/dipfiles.nsf/0/9430F4070BC5CF13C1257692005DD036/$FILE/Izvjesce_Josipovic.pdf

        Temporaty financing report of candidate Andrija Hebrang, published on 18th December 2009, page 3 http://www.izbori.hr/izbori/izbori09predsjednikfiles.nsf/0/0C905DCBE4C38C05C12576B70053CD1D/$FILE/Andrija_Hebrang1.pdf

        Temporaty financing report of candidate Dragan Primorac, published on 18th December 2009, page 2 http://www.izbori.hr/izbori/izbori09predsjednikfiles.nsf/0/6687686BFB2B7729C12576B7004D0141/$FILE/Dragan_Primorac.pdf

      • expand button!
        20
        Score
        --
        Open Question: Have there been documented instances of violations of contribution or expenditure limits or any of the laws mentioned above (Section 2)?More about indicator

        In recent period there has not been major violations due to changes to the Law on Financing Political Activities and Electoral Promotion that minimized violations and enabled higher level of transparency of the political process and the electoral promotion.

        All information about revisions conducted by the State Office for Revisions are permanently available at the official website of the State Office for Revisions: www.revizija.hr, and reports on submitting financial reports and reports on donations and campaigns are being published at the official website of the State Electoral Committee www.izbori.hr. Decisions are, after publication of minimum 30 days at the official website permanently available at the official website of the Digital Information-Documentation Office www.hidra.hr

        Nonetheless, media reported during European elections in 2014 that majority of political parties did not even spend what they were entitled to, and that nobody seemed to violated expenditure limit.

        During last presidential elections (2009/2010) media reported on amounts candidate spent, but no media reported on violation of expenditures nor there are any records on this matter elsewhere (at official websites of state institutions).

        During last parliamentary elections, media again reported on expenditures during campaigns but there are no reports on violation of expenditure or contribution limits.

        Scoring Criteria

        Please list and describe all documented instances of: 1) violation of contribution limits, 2) violation of expenditure limits, and 3) financial contributions that circumvent the regulatory framework. The objective of this question is to learn more about the local context, so please explain the cases in as much detail as relevant.

        Sources

        An Email Interview with Responsible Person from the State Electoral Committee. 20 August 2014.

        The official website of the State Electoral Committee: www.izbori.hr. Accessed on September 24, 2014.

        The official website of the Digital Information-Documentation Office: www.hidra.hr. Accessed on September 24, 2014.

        The official website of the State Office for Revisions: www.revizija.hr. Accessed on September 24, 2014.

        Poslovni.hr (no author; HINA report). Izbori za EP: Tre?ina sudionika nije potrošila ni kune za kampanju? 28 June 2014. Available at: http://www.poslovni.hr/hrvatska/izbori-za-ep-trecina-sudionika-nije-potrosila-ni-kune-za-kampanju-274385# (Accessed 22 August 2014)

        Slobodna Dalmacija (no author; HINA report). Josipovi? na kampanju potrošio oko 9, a Bandi? više od 15 milijuna kuna. 26 January 2010. Available at: http://www.slobodnadalmacija.hr/Hrvatska/tabid/66/articleType/ArticleView/articleId/89326/Default.aspx (Accessed 22 August 2014)

        Jutarnji list (no author; HINA report). Kukuriku koalicija na kampanju potrošila oko 14,2 milijuna, a HDZ 15,5 milijuna kuna, a Kerum 139 tisu?a kuna. 31 December 2011. Available at: http://www.jutarnji.hr/financijsko-izvjesce--kukuriku-koalicija-na-kampanju-potrosila-oko-14-2-milijuna-kuna-/996839/ (Accessed 22 August 2014)

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

  • expand button!

    Reporting and Public Disclosure

    More about category
    composite
    73
    • expand button!
      Reporting Requirements to the Oversight Entity
      More about category
      • expand button!
        21
        Score
        YES
        In law, political parties and individual candidates report itemized contributions and expenditures both during and outside electoral campaign periods.More about indicator

        Law on Financing Political Activities and Electoral Promotion regulates that parties and candidates must report on their finances outside of electoral periods but the Law regulates that parties and candidates must report bi-annually (article 26) and annually (article 39).

        Article 26, clause 1 prescribes reporting through out the year: "Political parties, independent candidates and members of representative bodies of local and regional entities elected from the list of voters, which received donations in the first six months of a current year for support of their political work, are obliged to report donations at their websites until 15th July of the same year the latest (bi-annual report), and reports must contain information specified according to the article 24 of this Law".

        Clause 2 of the same article prescribes that even parties and candidates that did not receive donations during the current year must submit bi-annual report and state that no donation has been received.

        Parties and candidates' lists are obliged to report on their finances after electoral promotion has ended.

        Article 24, clause 5 states: "The reports referred to in clause 1 of this article... are required to submit to the competent electoral commission within 7 days before the election.""

        Article 24, clause 1 states: "Political parties and conveners of independent lists, or conveners of lists of group of voters and candidates receiving funding for electoral promotion to their special accounts, are obliged - by deadline specified by the clause 5 of this article - to submit report on donations for financing electoral promotion and report on expenses for electoral promotion, with up-to-date information until the date when the report has been submitted."

        Clauses 3 and 4 require both donations and expenses to be itemized in the report.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates are required to report itemized contributions and expenditures to the oversight authority, both during and outside electoral campaign periods.

        A MODERATE score is earned where: 1) the requirement applies for itemized contributions, but not for itemized expenditures, or 2) it applies only during the electoral campaign but not outside it. A MODERATE score is also earned where the requirement exists, but it only applies to one actor (whether political parties and individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Law on Financing Political Activities and Electoral Promotion, NN 24/11, 61/11, 27/13, 02/14, Article 24 and 26 Available at: http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

      • expand button!
        22
        Score
        YES
        In law, political parties and individual candidates are required to report their financial information on a monthly basis during the electoral campaign.More about indicator

        Parties and candidates' lists are obliged to report on their finances bi-annually and annually, and after electoral promotion has ended.

        Article 24, clause 5 states: "The reports referred to in clause 1 of this article... are required to submit to the competent electoral commission within 7 days before the election.""

        Article 24, clause 1 states: "Political parties and conveners of independent lists, or conveners of lists of group of voters and candidates receiving funding for electoral promotion to their special accounts, are obliged - by deadline specified by the clause 5 of this article - to submit report on donations for financing electoral promotion and report on expenses for electoral promotion, with up-to-date information until the date when the report has been submitted."

        Clauses 3 and 4 require both donations and expenses to be itemized in the report.

        The campaign for parliamentary elections 2011 opened on 17 November 2011, and closed on 3 December 2011 for elections held on 4 December 2011.

        The campaign for elections of the president in December 2009 lasted unusually long and it commenced on 19 November and finished on 25 December 2009. The campaign for the second round of presidential elections lasted from 28 December 2009 until 8 January 2010.

        The election campaign for local elections 2013 lasted for 12 days only, and it commenced on 5 May 2013 and ended on 17 May 2013.

        Reporting seven days prior to election falls within one month period – so far the longest election campaign in Croatia was the presidential campaign in 2009, that lasted five weeks. Since all candidates were supposed to submit their report one week prior to election day reporting it can be said that reporting during the electorial period is on monthly basis.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates must report monthly their financial information to the oversight authority during the electoral campaign.

        A MODERATE score is earned where the requirement exists on a quarterly basis. A MODERATE score is also earned where the requirement only applies to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Law on Financing Political Activities and Electoral Promotion, NN 24/11, 61/11, 27/13, 02/14, article 24. Available at: http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

        Decision on Parliamentary Elections 2011, NN 122/2011. Available at: http://narodne-novine.nn.hr/clanci/sluzbeni/201110122_2424.html (Retrieved 8 January 2015)

        GONG (2013). Final report on Elections for Members of Representatives Bodies in Local and Regional Authorities, and for Mayors, County Heads and Mayor of the City of Zagreb. May 2013. Available at: gong.hr/media/uploads/izborniizvještaj13lokfinal_nacrt.doc (Retrieved 8 January 2015)

        Jutarnji (2011). FOTO HDZ u barakama zapo?eo kampanju: Pobjedu ?emo posvetiti poginulim braniteljima i Tu?manu! Available at: http://www.jutarnji.hr/povratak-korijenima--hdz-u-jarunskim-barakama-zapoceo-predizbornu-kampanju/987844/ (Retrieved 8 January 2015)

        Obris – Obrana i Sigurnost. Predsjedni?ka kampanja u RH u 2010 godini - evaluacija. Available at: http://obris.org/hrvatska/predsjednicka-kampanja-u-rh-2010-godine-evaluacija/ (Retrieved 8 January 2015)

      • expand button!
        23
        Score
        MODERATE
        In law, political parties and individual candidates are required to report their financial information on a quarterly basis outside of electoral campaign periods.More about indicator

        Law on Financing Political Activities and Electoral Promotion regulates that parties and candidates must report on their finances outside of electoral periods but the Law regulates that parties and candidates must report bi-annually (article 26) and annually (article 39).

        Article 26, clause 1: "Political parties, independent candidates and members of representative bodies of local and regional entities elected from the list of voters, which received donations in the first six months of a current year for support of their political work, are obliged to report donations at their websites until 15th July of the same year the latest (bi-annual report), and reports must contain information specified according to the article 24 of this Law".

        Clause 2 of the same article prescribes that even parties and candidates that did not receive donations during the current year must submit bi-annual report and state that no donation has been received.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates must report quarterly their financial information to the oversight authority outside of electoral campaign periods.

        A MODERATE score is earned where the requirement exists on a yearly basis. A MODERATE score is also earned where the requirement only applies to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Law on Financing Political Activities and Electoral Promotion, NN 24/11, 61/11, 27/13, 02/14, Articles 26 and 39 Available at: http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

      • expand button!
        24
        Score
        75
        In practice, to what extent do political parties and individual candidates report itemized financial information monthly?More about indicator

        Law on Financing Political Activities and Electoral Promotion does not regulate that political parties and individual candidates must report finances monthly during or outside the electoral period. When parties are required to report on their finances (bi-annually and annually), they do so in line with the Law as described in indicators on this matter.

        All political parties and candidates are required to report bi-annually and annually on a regular basis, and also during campaigns one week prior to the election day. In practice, parties and candidates comply with these requirements. There were a few cases when there were delays with reporting even though reports were eventually published. Campaigns are usually short in Croatia, and last less than a month. The only exception is campaign for presidential elections in 2009. There are no major violations, i.e. party or candidate entirely failing to submit reports, but there were cases where there were minor delays. In such instances, the State Electoral Committee fined parties that delayed reports.

        For example, during local elections in 2013 there were delays with reporting and the State Electoral Committee fined parties and candidates that were late. GONG also reported on this expressing criticism of delaying reporting.

        Scoring Criteria

        A 100 score is earned where: 1) political parties and individual candidates report on their financial information monthly, and 2) the reports include both itemized contributions and itemized expenditures.

        A 50 score is earned where: 1) the reports are occasionally general rather than itemized or don't contain all accounts, or 2) the reporting frequency is quarterly.

        A 0 score is earned where: 1) political parties and individual candidates rarely or never file reports, 2) the reports are filed but are rarely or never itemized or refer only to either contributions or expenditures, or 3) the reporting frequency is less than quarterly.

        Sources

        The State Electoral Committee. List with documents on monitoring the electoral process and fines for parties and candidates that were late. Available at: http://www.izbori.hr/izbori/dip_ws.nsf/public/index?open&id=D942& (Retrieved 18 October 2014)

        GONG (2013). Final report on elections for members in representative bodies of local and regional authorities and for county heads, mayors, and mayor of the City of Zagreb. Available at: http://gong.hr/.../izborniizvještaj13lokfinal_nacrt.doc? (Retrieved 18 October 2014)

        Croatian Democratic Union (2013). Report on financing electoral promotion at local elections 2013. Available at: http://www.hdz.hr/sites/default/files/2013webtoskovikampanja2503-0504_1.pdf (Retrieved 18 October 2014)

        Social Democratic Party (2013). Report on financing electoral promotion for local elections in 2013. Available at: http://www.sdp.hr/wp/wp-content/uploads/financije/financijskoizvjesce05042013.pdf (Retrieved 18 October 2014).

        Mr Dragan Zeli?, GONG, 29 August 2014. An email interview.

        Decision on Parliamentary Elections 2011, NN 122/2011. Available at: http://narodne-novine.nn.hr/clanci/sluzbeni/201110122_2424.html (Retrieved 8 January 2015)

        GONG (2013). Final report on Elections for Members of Representatives Bodies in Local and Regional Authorities, and for Mayors, County Heads and Mayor of the City of Zagreb. May 2013. Available at: gong.hr/media/uploads/izborniizvještaj13lokfinal_nacrt.doc (Retrieved 8 January 2015)

        The State Electoral Committee. List with Documents on monitoring the electoral process and fines for parties and candidates that were late. Available at: http://www.izbori.hr/izbori/dip_ws.nsf/public/index?open&id=D942& (Retrieved 18 October 2014)

        Jutarnji (2011). FOTO HDZ u barakama zapo?eo kampanju: Pobjedu ?emo posvetiti poginulim braniteljima i Tu?manu! Available at: http://www.jutarnji.hr/povratak-korijenima--hdz-u-jarunskim-barakama-zapoceo-predizbornu-kampanju/987844/ (Retrieved 8 January 2015)

        Obris – Obrana i Sigurnost. Predsjedni?ka kampanja u RH u 2010 godini - evaluacija. Available at: http://obris.org/hrvatska/predsjednicka-kampanja-u-rh-2010-godine-evaluacija/ (Retrieved 8 January 2015)

      • expand button!
        25
        Score
        75
        In practice, to what extent do financial reports by political parties and individual candidates include all types of contributions?More about indicator

        Political parties report on their finances using grouping contributions such as income from donations, income from property, etc. However, it is not clear if they are not receiving in-kind donations, or they are reporting financial value of in-kind donation based on the invoice private or legal person issued when donation has been given (as prescribed by Law on Financing Political Activities and Electoral Promotion). Parties can receive in-kind donations, but if someone wants to donate something in-kind, then the person or company needs to issue an invoice stating the value of in-kind donation. This includes even volunteering, and private individuals who also have to create an invoice even though they do not have a company nor they are registered as individual traders. However, this is reported through the financial value and this can be calculated so that the amount cannot exceed what is legally prescribed.

        All reports then include all donations expressed in financial amounts, and reports include personal names, surnames and the amount. In some cases, parties publish also personal identification numbers of citizens who donated for their campaigns (Croatian Democratic Union) even though this is not mandatory.

        When it comes to individual candidates during last (2011) parliamentary elections, certain independent candidates do not have their websites such as an independent list convened by Mr Milan Bandi?, Zagreb mayor who competed at last Parliamentary elections. On the other hand, independent candidate Dr Ivan Grubiši? whose list won two seats in the Parliament, published financial reports as requested by the Law on Financing Political Activities and Electoral Promotion. This report enlists all income including in-kind contributions listed specifically in the report, however, this is a general report on finances. When it comes to report on parliamentary elections on 2011, Mr Grubiši?'s list only obtained one Parliamentary Member (Dr Grubiši? in person), and for that this list reported its finances. However, since this is a new list financial report only exists for 2012. State Office for Revision confirmed that reports are transparently published at the website of this independent candidate/representative, and report is still available at the website. In the report, finances are reported but there is no separation of in-kind contributions. Contributions are enlisted in general terms like with other parties just with less details because this independent candidate does not receive donations, and has no property to use for financing his political activities like, for example, major political parties.


        Peer reviewer comment: Disagree, suggest a 100 score. All donors are listed in both election and regular forms, no matter whether their donations were financial or in-kinds. Value of all in-kinds have to be in the reports, no matter if some were given. For example, presidential candidate in 2009 Vesna Pusic declared in-kinds in services worth 153.200 HRK and in goods 281.700 HRK.

        Scoring Criteria

        A 100 score is earned where: 1) reports include an itemized list of all contributions indicating their type (in-kind, cash where allowed, etc.) and amount (estimated value for in-kind contributions), and 2) contain donors' names and addresses (or other personal identifier).

        A 50 score is earned where only one of the two conditions listed in the 100 criteria is met.

        A 0 score is earned where neither condition is met.

        Sources

        Mr Dragan Zeli?, GONG, 29.08.2014., an email interview.

        Social Democratic Party. Financial report for 2011. Available at: http://www.sdp.hr/wp/wp-content/uploads/financije/financijskoizvjesce2011.pdf (Accessed 11 August 2014)

        Croatian Democratic Union. Financial report for 2011. Available at: http://www.hdz.hr/sites/default/files/izvjestajoprihodimairashodima_web.pdf (Accessed 11 August 2014)

        Social Democratic Party (2013). List of donations for a period between 1 January and 30 June 2013 (period when local elections were held). Available at: http://www.sdp.hr/wp/wp-content/uploads/financije/popisdonacijasijecanj-lipanj-2013.pdf (Retrieved 18 October 2014)

        Croatian Democratic Union (2013). List of donations for 2013 (year of local elections). Available at: http://www.hdz.hr/sites/default/files/izvjesceodonacijamaza2013._godinu.pdf (Retrieved 18 October 2014).

        Independent list of Dr Ivan Grubiši?. Financial report on Electoral Promotion for Local Elections 2013. Available at: https://onedrive.live.com/view.aspx?cid=FDDCB041DF8AA9EA&resid=FDDCB041DF8AA9EA%211257&app=WordPdf (Accessed 11 August 2014)

        State Office for Revision. Report on the Work of Dr Ivan Grubiši?, Independent Parliamentary Representative. Available at: http://www.revizija.hr/izvjesca/2013-stranke-2012/02-nezavisni-zastupnici/02-dr.-sc.-ivan-grubisic.pdf (Accessed 11 August 2014)

        Dr Ivan Grubiši?. Financial report for 2012. Available at: https://onedrive.live.com/view.aspx?cid=FDDCB041DF8AA9EA&resid=FDDCB041DF8AA9EA%211334&app=WordPdf (Accessed 11 August 2014)

        Reviewer sources: Final reports on financing presidential campaign in 2009, State Election Council, published on February 1st, showing both financial and in-kind support: http://www.izbori.hr/izbori/dipfiles.nsf/0/619C4802BFD5BF9DC12576BD0042E0EF/$FILE/Cjelovitoizvjesceofinizbpromidzbe2010.pdf

    • expand button!
      Availability of Electoral Campaigns' Financial Information to the Public
      More about category
      • expand button!
        26
        Score
        YES
        In law, financial information from political parties and individual candidates must be available to the public.More about indicator

        Political parties and individual candidates/representatives must report on all finances they receive, and reports must be made publicly available. Law on Financing Political Activities and Electoral Promotion regulates this matter, and in particular articles 24 and 26.

        Article 24, clause 1 states:

        "Political parties and conveners of independent lists, or conveners of lists of group of voters and candidates receiving funding for electoral promotion to their special accounts, are obliged - by deadline specified by the clause 5 of this article - to submit report on donations for financing electoral promotion and report on expenses for electoral promotion, with up-to-date information until the date when the report has been submitted."

        Clause 6 of the same article regulated that these reports must be published at official websites:

        "Political parties, conveners of independent lists, or conveners of lists of group of voters and candidates are obliged to publish reports from the clause five of this article at their websites or at websites of political party that nominated a candidate or through daily press (for local elections in the local daily press), and in 48 hours the latests from the deadline prescribed in clause 5 of this article.

        Clause 7 further specifies what is considered as published:

        "Publication at the website from the clause six of this article means publication that lasts at least 30 days."

        Article 26 regulates publishing of donations through out the year, and not just during the electoral promotion. Article 26 demands from all political parties and individual representatives/candidates to publish reports every six months (bi-annual reports), and when they publish information they have to inform the State Electoral Committee about fulfilling their obligation.

        Clause 1 of the article 26 therefore states:

        "Political parties, independent representatives and members of representative bodies of local or regional entity elected from the list of voters that in the first six months received donations, must publish a report on donations in first six months of each year (bi-annual report) by 15 July of the each year at their official websites. Information published must be specified according to the article 24, clause 3 of this Law."

        Clause 2 of the same article regulates that parties and candidates that did not receive donations in the first six months must report this too:

        "Political parties, independent representatives and members of representative body of local or regional entity elected from the list of voters that did not receive donations in the first six month of each year, must within a deadline from clause 1 of this article publish at their websites announcement that they did not received donations in prescribed period."

        Clause 4 of the same article regulates that publication is understood as a "publication that lasts at least 30 days".

        Political parties and independent representatives are obliged to inform via email the State Electoral Committee when they fulfill their obligations (clause 5).

        Clause 7 regulates that the State Electoral Committee will publish the list of all websites at their website.

        Scoring Criteria

        A YES score is earned where in law financial information of political parties and individual candidates must be made available to the public, whether online or digitally within two days of request.

        A MODERATE score is earned where financial information must be made available to the public, but no requirement exists regarding cost, format or number of days within which it must be made available.

        A NO score is earned where no such law exists.

        Sources

        Zakon o financiranju politi?kih aktivnosti i izborne promidžbe (Law on Financing Political Activities and Electoral Promotion), NN 24/11, 61/11, 27/13, 02/14, Articles 24 and 26 http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

      • expand button!
        27
        Score
        50
        In practice, to what extent can citizens easily access the financial information of all political parties and individual candidates?More about indicator

        In practice, reports are always available at websites of political parties even though the Law prescribes that publication has to last up to 30 days, which means that political parties can take their reports off from their websites after 30 days from the date of publication. The State Electoral Committee publishes all reports right after the elections, and they are available for minimum 30 days. After that, they are placed on a website www.hidra.hr where they are permanently available online. They are avaialble as pdfs, and are not machine readible.

        For example, Social Democratic Party (currently running the leading coalition) has all financial reports published since 2010. For 2010, they have reports on donations and full financial report while from 2011 onwards they published all reports and they are still available. For example, for 2011 there are 7 reports (financial report, list of donations for period between July and December 2011, list of donations for period between January and June 2011, bonuses and discounts from media corporations, 3 reports on financing electoral promotion). In 2012, they published 6 reports including financial report for 2012, and reports on financing electoral promotion in local elections (3 reports), and two reports with list of donations. In 2013, they published full financial report, two reports with donations, financial report for elections to the European Parliament and report on financing electoral promotion for EP. In 2014, they published two reports on elections for the EP, and list of donations from January until June 2014.

        The largest oppositional party, Croatian Democratic Union, has financial reports at their website from 2008. In total, they have 46 reports available at their website including financial reports for all years from 2008-2013, all reports in regard to political campaigns from 2009-2013, and reports on donations bi-annual and annual) and media bonuses and discounts. They also published notes on elections and plans on collecting donations.

        Croatian People's Party, as a member of ruling coalition also has reports available at their website. They have a special section at the home page of the official website entitled 'reports' where it is possible to download all reports from 2011 onwards. This Party published annual and bi-annual financial reports, reports on donations and financing of electoral promotion, as well as special financial reports per electoral county.

        Istrian Democratic Parliament, also a member of ruling coalition led by the Social Democrats, has reports at their website from 2011 onwards. The party published reports in sub-sections for each year for 2013 and 2014 while reports from previous years are available in section 'reports from previous years', and this section contains reports on donations for years 2011 and 2012, and final reports for 2011 and 2012 as well as notes and accounting reports that accompany financial reports.

        Croatian Labour Party published reports from March 2011, and they are still available at their official website. Nonetheless, this party has a special section with financial reports available in the list on their website together with other important links such as founding documents and party program. The difference from other parties is that this Party even enables user comments to their financial reports, and each report can be read online, sent by email with an icon offering this option or downloaded as a PDF document.

        Finally, Croatian Pensioner's Party published reports from 2012 onwards and these reports are still freely available at their website. This Party also published reports on certain local entities and made their finances even more transparent even though the Law prescribes annual and bi-annual reports for finances, and separate reports on donations during electoral campaigns.

        When it comes to individual candidates during last (2011) parliamentary elections, certain independent candidates do not have their websites such as an independent list convened by Mr Milan Bandi?, Zagreb mayor who competed at last Parliamentary elections. On the other hand, independent candidate Dr Ivan Grubiši? who won a seat in the Parliament, published financial reports as requested by the Law on Financing Political Activities and Electoral Promotion. This report enlists all income including in-kind contributions listed specifically in the report, however, this is in the general report on finances. When it comes to report on parliamentary elections on 2011, Mr Grubiši?'s list only obtained one Parliamentary Member (Dr Grubiši? in person), and for that this list reported its finances. However, since this is a new list financial report only exists for 2012. State Office for Revision confirmed that reports are transparently published at the website of this independent candidate/representative, and report is still available at the website. In the report, finances are reported but there is no separation of in-kind contributions. Contributions are enlisted in general terms like with other parties just with less details because this independent candidate does not receive donations, and has no property to use for financing his political activities like, for example, major political parties.

        Scoring Criteria

        A 100 score is earned where: 1) all relevant financial information is freely available online, 2) it can be obtained digitally within two days of requesting it, and 3) it is in a machine readable format (for example in csv or xml format).

        A 50 score is earned where: 1) information is available but in some cases is incomplete or lacking detail, 2) obtaining complete information takes up to a month, or 3) it's not necessarily digital or in machine readable format.

        A 0 score is earned where: 1) the information is not publicly available, or 2) obtaining it takes more than three months, or 3) the cost of obtaining it is prohibitive for the regular citizen.

        Sources

        An Email Interview with Responsible Person from the State Electoral Committee. 20 August 2014.

        Final results of Parliamentary Elections of 2011 with list of Political parties and candidates that won seats in the Parliament. Available from: www.sabor.hr/fgs.axd?id=19386 (Accessed 10 August 2014)

        Social Democratic Party. About us: Financial reports. Available at: http://www.sdp.hr/o-sdp-u/financijska-izvjesca/ (Accessed 10 August 2014).

        Croatian Democratic Union. We are: Financial reports. Available at: http://www.hdz.hr/mi-smo/financijska-izvjesca (Accessed 10 August 2014).

        Croatian People's Party. Reports. Available at: http://www.hns.hr/index.php/2013-04-12-09-50-03/pregled-izvjesca (Accessed 10 August 2014)

        Istrian Democratic Parliament. Documents: Financial Documents. Available at: http://www.ids-ddi.com/ids-ddi/dokumenti/financijski-dokumenti/ (Accessed 10 August 2014)

        Croatian Labour Party. Reports. Available at: http://www.laburisti.com/modules/news/index.php?start=40&storytopic=26 (Accessed 10 August 2014)

        Independent list of Dr Ivan Grubiši?. Financial report on Electoral Promotion for Local Elections 2013. Available at: https://onedrive.live.com/view.aspx?cid=FDDCB041DF8AA9EA&resid=FDDCB041DF8AA9EA%211257&app=WordPdf (Accessed 11 August 2014)

        State Office for Revision. Report on the Work of Dr Ivan Grubiši?, Independent Parliamentary Representative. Available at: http://www.revizija.hr/izvjesca/2013-stranke-2012/02-nezavisni-zastupnici/02-dr.-sc.-ivan-grubisic.pdf (Accessed 11 August 2014)

        Dr Ivan Grubiši?. Financial report for 2012. Available at: https://onedrive.live.com/view.aspx?cid=FDDCB041DF8AA9EA&resid=FDDCB041DF8AA9EA%211334&app=WordPdf (Accessed 11 August 2014)

      • expand button!
        28
        Score
        100
        In practice, to what extent is financial information published in a standardized format?More about indicator

        The State Electoral Committee publishes standards for reporting to that institution, and forms are available online at the official website of the State Electoral Committee. Parties and individual candidates are submitting reports on that format, as requested.

        The situation is slightly different with financial reports published at official websites of political parties for which there are no specific rules. However, reports follow more-less the same format and are easily comparable because all parties follow similar structure in reporting their finances.

        Two largest parties in Croatia - Social Democratic Party and Croatian Democratic Union - report in the same way following identical structure that makes comparison fully possible, and there is virtually no room for manipulation. The only difference is in section 'income from selling goods and services' that exists in the financial report from Croatian Democratic Union while this section does not exist in reports published by Social Democratic Party. All other sections in financial reports are the same with both parties, i.e. parties report - in this particular order - income from membership, income according to special regulations, income from property, income from donations, other income. In this, Croatian Democratic Union starts reports with 'income from selling goods and services' and then continues exactly the same as reports from Social Democratic Party with income from membership, etc.

        Similar situation is with Istrian Democratic Parliament that reports in the same way as two largest parties following identical structure. This party also has a section on sales and this section is put at the end of the list of incomes, which does not distort comparison, i.e. report follows this structure: income from membership, income according to special regulations, income from property, income from donations, other income, and income from selling long-lasting property.

        Even though Istrian Democratic Parliament and Croatian Democratic Union placed reports on income from sales on different places, this cannot be considered as a lack of transparency or as if parties are preventing comparability of their reports because they report in exactly the same way (all three parties above), and the difference is only in decision people in two parties (Croatian Democratic Union and Istrian Democratic Parliament) took on where to place additional section where one party thought this should be at the beginning while the other decided to put it at the end. However, all three reports are highly comparable, and there is no intention to confuse the reader.

        Croatian People's Party (Hrvatska Narodna Stranka) reports in a slightly different way. Their reporting structure is: income according to special regulations, income from donations, income from membership and membership contributions, income from property, and other income.

        Scoring Criteria

        A 100 score is earned where financial information for all political parties and individual candidates is available to the public in a standardized format.

        A 50 score is earned where only part of the information is published in a standardized format. A 50 score is also earned where the information is standardized, but it doesn't cover all political parties and individual candidates.

        A 0 score is earned where financial information is not available in a standardized format.

        Sources

        An Interview with Responsible Person in the State Electoral Committee. 20 August 2014

        2010:

        Social Democratic Party. Financial report for 2010. Available at: http://www.sdp.hr/wp/wp-content/uploads/financije/financijskoizvjesce2010.pdf (Accessed 11 August 2014)

        Croatian Democratic Union. Financial report for 2010. Available at: http://www.hdz.hr/sites/default/files/financijskoizvjesce2010.pdf (Accessed 11 August 2014)

        2011:

        Social Democratic Party. Financial report for 2011. Available at: http://www.sdp.hr/wp/wp-content/uploads/financije/financijskoizvjesce2011.pdf (Accessed 11 August 2014)

        Croatian Democratic Union. Financial report for 2011. Available at: http://www.hdz.hr/sites/default/files/izvjestajoprihodimairashodima_web.pdf (Accessed 11 August 2014)

        Croatian People's Party. Financial report for 2011. Available at: http://www.hns.hr/images/pdf/izvjesca/rpir2011.pdf (Accessed 11 August 2014)

        2012:

        Social Democratic Party. Financial report for 2012. Available at: http://www.sdp.hr/wp/wp-content/uploads/financije/financijskoizvjesce2012.pdf (Accessed 11 August 2014)

        Croatian Democratic Union. Financial report for 2012. Available at: http://www.hdz.hr/sites/default/files/izvjestajprihodirashodi_2012.pdf (Accessed 11 August 2014)

        Croatian People's Party, Financial report for 2012. Available at: http://www.hns.hr/images/pdf/HNS%20raun%20prihoda%20i%20rashoda%20za%202012.pdf (Accessed 11 August 2014)

        Istrian Democratic Parliament. Financial report for 2012. Available at: http://www.ids-ddi.com/ids/3/0/292/Files/zavrsniracunids_2012.pdf (Accessed 11 August 2014)

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

      • expand button!
        29
        Score
        100
        In practice, to what extent do mainstream journalism media outlets use political finance data in their reporting?More about indicator

        National media regularly monitor and report on submission of financial reports in Croatia from the side of political parties and independent politicians, as well as on reports in regard to costs of political campaigns.

        However, there is certain sensationalism in a sense that media mostly monitor whether parties submitted reports on time, and even in that they express interest only in large parties while smaller parties and independent candidates are of no interest to the mainstream media. For example, after publishing their bi-annual financial reports in 2014, media expressed interest in the fact that two largest parties ended up in minus.

        Also, the most extensive media coverage on financial reports occurred in 2013 and 2014 when a leading party - Social Democratic Party - failed to submit financial reports on time. In that, the media extensively reported and this especially occurred in 2014 when they reported on SDP's failure to submit report on time emphasizing the term 'again'.

        During the last Parliamentary elections in 2011, media reported on expenses of campaigns expressing (again) most interest in two major parties: Social Democratic Party and Croatian Democratic Union. During 2011 elections, media also emphasized expenses of one regional candidate (Mr Željko Kerum) because he is a known public figure from before due to his suspicious business growth as well as his addictive behavior that created media stories about potential break down of his business empire.

        Media tend to monitor only financial reports and their timely submissions while they do not seem to express interest in the ways politics is being financed.

        NGO affiliated with this matter also report that the media fail to report sufficiently because they only report on financial reports and their timely submission. For example, Transparency International Croatia stated that the “Croatian media insufficiently use reports from political parties even though they are attentive to regular publishing of reports, or if legal deadlines for publishing reports are respected.” Transparency International also adds that the media often make mistakes in their reporting, and this issue was particularly visible on 15 July 2014 when a whole set of mistakes has been made by the national media.

        On the other hand, NGO GONG reports that the media indeed report on political financing, but that they could report more. Nonetheless, the media often call GONG to ask where they can find financial reports, which they mostly use when they are “covering corruption affairs in an attempt to trace potential conflicts of interest with donators to political parties when certain individuals and companies apply for public tenders”.

        Scoring Criteria

        A 100 score is earned where at least three independent mainstream journalism media outlets have used officially published political party or individual candidate financial information as part of their reporting.

        A 50 score is earned where one independent mainstream journalism media outlet has used officially published financial information as part of its reporting.

        A 0 score is earned where no mainstream journalism media outlet has used officially published financial information as part of its reporting.

        Sources

        An Email Interview with Dr Predrag Bejakovi?, Institute for Public Finances, Zagreb, Croatia. 14 August 2014.

        An Email interview with Ms Davorka Budimir, Msc; President of Transparency International Croatia. 4 September 2014.

        An Email Interview with Mr Dragan Zeli?, Executive director of NGO GONG. 29 August 2014.

        Index.hr (no author, report from HINA agency). Samo tre?ina politi?kih stranaka dostavila financijske izvještaje za 2013., SDP opet kasnio. 10 May 2014. Available at: http://www.index.hr/vijesti/clanak/samo-trecina-politickih-stranaka-dostavila-financijske-izvjestaje-za-2013-sdp-opet-kasnio/745603.aspx (Accessed 12 August 2014)

        Jutarnji list (no author). HDZ u kampanji potrošio 15,4 milijuna kuna. Za izbore su se zadužili i kreditom u Zabi. 30 December 2011. Available at: http://www.jutarnji.hr/hdz-u-kampanji-potrosio-15-4-milijuna-kuna--8-5-manje-nego-prije-cetiri-godine/996722/ (Accessed 12 August 2014)

        Jutarnji list (no author). Kukuriku koalicija na kampanju potrošila oko 14,2 milijuna, a HDZ 15,5 milijuna kuna, a Kerum 139 tisu?a kuna. 31 December 2011. Available at: http://www.jutarnji.hr/financijsko-izvjesce--kukuriku-koalicija-na-kampanju-potrosila-oko-14-2-milijuna-kuna-/996839/ (Accessed 12 August 2014)

        Jutarnji list (no author). SDP nije na vrijeme predao financijski izvještaj. 15 March 2014. Available at: http://www.jutarnji.hr/sdp-ove-godine-kasnio-s-financijskim-izvjestajem-dip-u/1173913/ (Accessed 12 August 2014)

        Jutarnji list (no author). SDP OPET ZAKASNIO, MORA PLATITI 610.000 KUNA Grbin: 'Kaznu nismo odredili mi, nego zakon'. 13 May 2014. Available at: http://www.jutarnji.hr/sdp-mora-platiti-610-000-kuna--kaznu-nismo-odredili-mi--nego-zakon-/1191041/ (Accessed 12 August 2014)

        Jutarnji list (no author). SDP kažnjen sa 614 tisu?a, a vra?a mu se 5 milijuna kn. 28 May 2014. Available at: http://www.jutarnji.hr/zakasnili-s-financijskim-izvjescem-sdp-kaznjen-s-preko-600-tisuca-kuna--vraca-mu-se-pet-milijuna/1194901/ (Accessed 12 August 2014)

        Jutarnji list (no author). SDP OPET KASNI Tek tre?ina stranaka dostavila financijske izvještaje. 10 May 2014. Available at: http://www.jutarnji.hr/sdp-opet-zakasnio-tek-trecina-politickih-stranaka-dostavila-financijske-izvjestaje-za-2013-/1190290/ (Accessed 12 August 2014)

        Slobodna Dalmacija (no author). SDP opet zakasnio s predajom financijskog izvješ?a DIP-u. 15 March 2014. Available at: http://slobodnadalmacija.hr/Hrvatska/tabid/66/articleType/ArticleView/articleId/239045/Default.aspx (Accessed 12 August 2014)

        Slobodna Dalmacija. SDP-u prijeti kazna od 5 milijuna kuna; Milanovi?: Navodno je glavni revizor ?lan HDZ-a. 28 March 2014. Available at: http://www.slobodnadalmacija.hr/Hrvatska/tabid/66/articleType/ArticleView/articleId/206120/Default.aspx (Accessed 12 August 2014)

        Ivica Kristovi? (Ve?ernji list). SDP zakasnio s predajom financijskog izvješ?a DIP-u. 15 March 2014. Available at: http://www.vecernji.hr/hrvatska/sdp-zakasnili-smo-s-predajom-izvjesca-dip-u-927081 (Accessed 12 August 2014)

        Tea Romi? (Ve?ernji list). SDP bez 610.000 kuna zbog kašnjenja s financijskim izvješ?em. Available at: http://www.vecernji.hr/hrvatska/sdp-bez-610000-kuna-zbog-kasnjenja-s-financijskim-izvjescem-938394 (Accessed 12 August 2014)

        Marko Špoljar (Ve?ernji list). Milanovi? ljutit zbog skupe sramote SDP-a. 18 March 2014. Available at: http://www.vecernji.hr/hrvatska/milanovic-ljutit-zbog-skupe-sramote-sdp-a-927413 (Accessed 12 August 2014)

        Tportal (no author). HDZ u minusu 5,3 milijuna kuna, a SDP ?ak 8,6 milijuna! 3 March 2014. Available at: http://www.tportal.hr/vijesti/hrvatska/319051/I-HDZ-i-SDP-u-minusu-zavrsili-godinu.html (Accessed 12 August 2014)

      • expand button!
        30
        Score
        0
        In practice, to what extent were there no news reports or other documented incidents of violation or abuse of political finance laws?More about indicator

        Media extensively reported on delays in submitting financial reports from the side of the ruling party - Social Democratic Party that is currently leading a ruling coalition. These reports happened during 2013 (a year of national local elections), and again in 2014. Apart from SDP, other parties failed in submitting reports on time, however, the media expressed no interest in naming those parties since SDP is one of two largest parties that attracts attention from the media.

        In 2014, SDP was late with submitting financial report, and in 2013 the same party was late too. Media reported in both cases, and in 2014 they reported using the term 'again', i.e. SDP again late with submitting financial reports, and similar. Failure to submit reports on time has been made public by the State Electoral Committee, and Social Democratic Party confirmed in both years that they were late with submitting reports. In 2014, they stated that "failure happened due to technical mistake of the financial department of the Party, and mistake has been fixed on a self-initiative as soon as it was spotted" (Jutarnji, 2014). In 2013, SDP also confirmed to the media its failure to submit financial report on time stating that the reason was hospitalization of responsible person: "Because of urgent hospitalization and surgery of responsible person, SDP was forced to inform the State Electoral Committee and State Office for Revision on extra-ordinary circumstances because of which publication of the financial report was released with two-day delay, and about which we informed the media too that rightfully raised questions on failure to publish reports within a legal deadline" (Tportal, 2013). However, SDP stated they submitted report to the State Electoral Committee on time, but that they failed to publish it on the website. However, the State Electoral Committee told the media that this is not true because the Party failed in submitting reports to both State Electoral Committee and its website (Index.hr, 2013). The Social Democratic Party, however, publicly apologized at its website for delay and this apology is still available at their website. Separate politicians from SDP also apologized for delay in various press conferences, such as - for example - Social care Minister Ms Milanka Opa?i? who particularly emphasized that the Party will respect all decisions in regard to delay.

        While media traditionally express most interest in two largest political parties (Social Democratic Party and Croatian Democratic Union), the media also reported - based on a statement from State Electoral Committee - that the year 2014 was a year of major delays, i.e. it is most certainly not only the SDP that was late with submitting financial reports. According to the information in the national media, only one third of political parties submitted their reports on time.


        Peer Reviewer comment: Agree In terms of the 2009 presidential campaign, Milan Bandic declared in his final report that he spent more money then he got donations and never explained how is that possible and who paid the difference. He got arrested on Sunday 19th November this year for alleged corruption and among one accusations he allegedly used his campaign account until recently to collect donations. Since donations are tax free, but allowed to collect only during presidential campaign, he is charged for tax evasion.

        Scoring Criteria

        A 100 score is earned where there were no news reports or other documented incidents of violation or abuse of political finance laws during the most recent national election.

        A 50 score is earned where there were news reports or other documented incidents of no more than two cases of violation or abuse of political finance laws during the most recent national election.

        A 0 score is earned where there were frequent news reports or other documented incidents of violation or abuse of political finance laws during the most recent national election.

        Sources

        Interview with Ms Davorka Budimir. President of Transparency International Croatia. 4 September 2014. An Email Interview.

        Jutarnji list (no author; report HINA agency). SDP nije na vrijeme predao financijski izvještaj. 15 March 2014. Available at: http://www.jutarnji.hr/sdp-ove-godine-kasnio-s-financijskim-izvjestajem-dip-u/1173913/ (Accessed 12 August 2014)

        Tportal (no author; report from HINA agency). SDP kasnio s objavom financijskoj izvješ?a zbog hospitalizacije odgovorne osobe. 3 March 2013. Available at: http://www.tportal.hr/vijesti/hrvatska/246769/SDP-kasnio-s-objavom-financijskog-izvjesca-zbog-hospitalizacije-odgovorne-osobe.html (Accessed 12 August 2014)

        Index.hr (no author; report from HINA agency). Samo tre?ina politi?kih stranaka dostavila financijske izvještaje za 2013, SDP opet kasnio. 10 May 2014. Available at: http://www.index.hr/vijesti/clanak/samo-trecina-politickih-stranaka-dostavila-financijske-izvjestaje-za-2013-sdp-opet-kasnio/745603.aspx (Accessed 12 August)

        P.V. (Index.hr). Državni ured za reviziju: SDP laže! 4 March 2013. Available at: http://www.index.hr/vijesti/clanak/drzavni-ured-za-reviziju-sdp-laze/665626.aspx (Accessed 12 August 2014)

        Leon Šimuni? (Objektiv). Opet im krivo ra?unovodstvo: SDP ponovo kasni s predajom financijskog izvješ?a. 17 March 2014. Available at: http://objektivno.hr/u-politickoj-areni-eu-izbori/3962-opet-im-krivo-racunovodstvo-sdp-ponovo-kasni-s-predajom-financijskog-izvjesca (Accessed 12 August 2014)

        Robert Ani? (Ve?ernji list). SDP bez 610.000 kuna zbog kašnjenja s financijskim izvješ?em. 13 May 2014. Available at: http://www.vecernji.hr/hrvatska/sdp-bez-610000-kuna-zbog-kasnjenja-s-financijskim-izvjescem-938394 (Accessed 12 August 2014)

        Dražen Ciglene?ki and Jagoda Mari? (Novi list). SDP (opet) zakasnio s predajom financijskog izvješ?a. 16 March 2014. Available at: http://www.novilist.hr/Vijesti/Hrvatska/SDP-opet-zakasnio-s-predajom-financijskog-izvjesca (Accessed 12 August 2014)

        Social Democratic Party. Public Apology for Delaying Submission of the Financial Report. 5 March 2013. Available at: http://www.sdp.hr/aktualno/milanovic-bitan-je-nalaz-revizije-oduvijek-smo-bili-cistih-racuna-ispricavamo-se-zbog-kasnjenja/ (Accessed 12 August 2014)

        Social Democratic Party - Public Apology from Social Care Minister, Ms Milanka Opa?i?. 4 March 2014. Available at: http://www.sdp.hr/aktualno/opacic-izvjesce-je-uredno-predano-stranka-ce-postivati-sve-zakonske-odluke/ (Accessed 12 August 2014)

        Reviewer's sources: Final reports on financing presidential campaign in 2009, State Election Council, published on February 1st 2010., showing discrepancy for candidate Milan Bandic – he got in total donations worth 8.618.965,41 HRK and his expenditures were 15.278.984,26 HRK. http://www.izbori.hr/izbori/19C4802BFD5BF9

      • expand button!
        31
        Score
        50
        In practice, to what extent were there no news reports or other documented incidents of vote-buying?More about indicator

        During 2013 national local elections, media reported on incidents with vote-buying. The accusation came from GONG that reported the problem to the State Electoral Committee, and then the State Electoral Committee filed a case with State Attorney's office. The incident was about website offering money for voting for certain candidates. National media reported on this issue, and GONG commented on this matter in their regular post-election report. Local elections are generally a bigger problem with influencing voting than the national ones as local power is very important for obtaining power at national elections, e.g. if you manage to put your people on power in local authorities they will employ people who will vote for your party. However, this is something known to be common but difficult to be proven. That is why that small number of incidents that were mentioned comes from the local context.

        Another report was published also during local elections of 2013 where daily newspapers Jutarnji list published a story accusing Croatian Democratic Union for vote-buying. The accusation did not come from the newspapers itself, but from a local politician in town of Sisak who accused parties on the right (led by Croatian Democratic Union) for vote-buying. The other national media did not largely picked up this story, as is normally the case when someone makes accusation of this kind. There has not been any news stories confirming this issue and, thus, there is no hard evidence this occurred.

        The reasons for this can be found in fear to report such an activity. For example, GONG stated that situation with vote-buying are not known to them except for some attempts at local level, but that voters did not have the courage to report on this matter. This organization also introduced a term ‘indirect vote-buying’ saying that this is a permanent problem at local level through ‘buying’ votes by accepting requests of certain interest groups that then ensure votes and mobilize voters to vote for certain political parties.

        On the other hand, Transparency International Croatia reports that they were the first organization to publicly report on this issue, and to express condemnation of two famous cases of ‘political trade’ and corruption such as the so-called Szabo case and the case of county head Lovri?-Merzel. In this case, it was not a classic vote-buying, but it was more of a ‘political trade’ by offering benefits to obtain councillors.

        *Mayor of Vukovar, Mr Szabo of Social Democratic Union offered one representative in local council a deal to give him his seat (in other words, to support his party so that he can form majority) because he could not form a majority in city council, and she taped the conversation and reported it to the media. Because of that, new elections took place, and Szabo’s party lost in repeated local elections.


        Peer reviewer comment: Agree. During the 2009 presidential election: Milan Bandic was, according to a report in daily Vjesnik and Croatian news agency HINA, giving money to voters in Banja Luka. Also, during EU Parliament elections one web page showed up which was offering money for the votes and GONG reported that to the authorities. There was no follow up to that.

        Scoring Criteria

        A 100 score is earned where there were no news reports or other documented incidents of vote-buying during the most recent national election.

        A 50 score is earned where there were news reports or other documented incidents of no more than two cases of vote-buying during the most recent national election.

        A 0 score is earned where there were frequent news reports or other documented incidents of vote-buying during the most recent national election.

        Sources

        An Email Interview with Dr Predrag Bejakovi?, Institute for Public Finances, Zagreb, Croatia. 14 August 2014.

        An Email Interview with Mr Dragan Zeli?, Executive Director of NGO GONG. 29 August 2014.

        An Email Interview with Ms Davorka Budimir, Msc; President of Transparency International Croatia. 4 September 2014.

        Dnevnik.hr (no author). DIP Op?inskom državnom odvjetništvu prijavio mogu?e kupovanje glasova. 4 April 2013. Available at: http://dnevnik.hr/vijesti/hrvatska/dip-opcinskom-drzavnom-odvjetnistvu-prijavio-moguce-kupovanje-glasova---281241.html (Accessed 12 August 2014)

        HRT (vijesti.hrt.hr). Kaznena prijava zbog internetske stranice za kupnju glasova. 3 April 2013. Available at: http://vijesti.hrt.hr/kaznena-prijava-zbog-internetske-stranice-za-kupnju-glasova (Accessed 12 August 2014)

        Mate Piškor (Jutarnji list). HDZ kupuje glasove podjelom bonova od sto kuna: Nove optužbe za prljavu kampanju u Sisku. 29 April 2013. Available at: http://www.jutarnji.hr/-hdz-kupuje-glasove-podjelom-bonova-od-sto-kuna--ivanka-boras--kandidatkinja-za-gradonacelnicu-siska-optuzuje/1099951/ (Accessed 12 August 2014)

        GONG. Final report on Elections for Members of Representative Bodies of Local and Regional Entities and County Heads, Mayors and the Mayor of Zagreb. Available at: gong.hr/media/uploads/izborniizvještaj13lokfinal_nacrt.doc (Accessed 12 August 2014)

        Reviewer's sources: Istraga o financiranju kampanje: Istražitelji uspjeli u?i u trag novcu za Milana Bandi?a (The investigation of campaign finance : Investigators managed to trace the money for Milan Bandic), 21 October 2014, available at: http://www.jutarnji.hr/bandicu-nakon-predsjednicke-kampanje-ostalo-24-mil--kuna/1229487/

        Final reports on financing presidential campaign in 2009, State Election Council, published on February 1st 2010: http://www.izbori.hr/izbori/dipfiles.nsf/0/619C4802BFD5BF9DC12576BD0042E0EF/$FILE/Cjelovitoizvjesceofinizbpromidzbe2010.pdf

        Bandic: I am not afraid of Dodik, he is not the devil himself, I. Kri., Index Portal, December 20th 2009 (Bandic was giving 500 HRK cash to voters in Banja Luka): http://www.index.hr/vijesti/clanak/bandic-ne-bojim-se-milorada-dodika-jer-on-nije-crni-vrag/466162.aspx

      • expand button!
        32
        Score
        75
        In practice, to what extent do civil society organizations use political finance data?More about indicator

        There are only two civil society organizations that are related to the elections and campaigns in Croatia. Both use the officially published political finance information. It is a small country and hence number of NGOs is also small.

        The only civil society organization that is directly working in the field of election process is NGO called GONG that regularly monitors all elections, publishes reports on each elections and issues recommendations to policy makers. This organization, as per their reports, regularly uses political finance data to write their reports.

        The other organization that is somewhat related with the election process is Transparency International Croatia that also uses political data in their reports, however, Transparency International Croatia mostly works in the field of corruption.

        Transparency International Croatia confirmed that they use financial political information and publicly available information in their work very often. Apart from financial reports, this organization confirmed they also use information from Croatian Financial Agency (FINA), and other business tools such as www.bonline.hr, www.poslovnahrvatska.hr, as well as information from Croatian Statistics.

        GONG also uses political financing information in their work, and they are campaigning for creation of unique database, which would have information on donators that would include contracts they received from state public tenders for supplying materials and equipment, concessions, subventions and those donators that were granted exemption towards tax debts. GONG states that financial reporting is largely used in advocacy process for improving legal framework and discovering potential corruption cases and illegal use of the state funding.

        • There were many cases where companies and businessman received exemption from paying tax debts while citizens usually cannot receive this favor from the state that actually charges interest on a daily basis.
        Scoring Criteria

        A 100 score is earned where at least three civil society organizations have used officially published political party or individual candidate financial information as part of their advocacy or awareness work.

        A 50 score is earned where one civil society organization has used officially published financial information as part of its advocacy or awareness work.

        A 0 score is earned where no civil society organization has used officially published financial information as part of its work.

        Sources

        An Email Interview with Mr Dragan Zeli?, Executive Director of GONG. 29 August 2014.

        An Email Interview with Ms Davorka Budimir, MSc, President of Transparency International Croatia. 4 September 2014.

        GONG. Final Report on the Elections for Members of Representative Bodies of Local and Regional Entities and for County Heads, Mayors and the Mayor of Zagreb. Available at: gong.hr/media/uploads/izborniizvještaj13lokfinal_nacrt.doc (Accessed 13 August 2014)

        GONG. Final Report on the President of the Republic 2009/2010. Available at: http://gong.hr/media/uploads/dokumenti/GONGizvjetajpredizborifinal.pdf (Accessed 13 August 2014)

        GONG. Promatranja parlamentarnih izbora 2011: Sažetak izvještaja GONG-a. Available at: http://gong.hr/hr/izborni-sustav/parlamentarni/promatranje-parlamentarnih-izbora-2011-sazetak-izv/ (Accessed 13 August 2014)

        Jutarnji list (no author; report from HINA agency). TIH i GONG: Lokalni izbori ne mogu dobiti prolaznu ocjenu. 28 May 2009. Available at: http://www.jutarnji.hr/tih-i-gong--lokalni-izbori-ne-mogu-dobiti-prolaznu-ocjenu/2022/ (Accessed 13 August 2014)

        Ana Škilji? Ravenš?ak (Ve?ernji list). GONG i TIH: ?isti ra?uni preduvjet poštenih izbora. 19 November 2011. Available at: http://www.vecernji.hr/parlamentarni-izbori-2011/gong-i-tih-cisti-racuni-preduvjet-postenih-izbora-347989 (Accessed 13 August 2014)

      • expand button!
        33
        Score
        --
        Open Question: Have there been political finance legal reforms or reform bills presented to the legislature in the last 10 years?More about indicator

        For a long time financing of political parties in Croatia was regulated in a completely inappropriate way. The first law that regulated this issue was the Political Organisations Act, passed in 1990. The Political Organisations Act mentioned financing of political parties in only three articles in a declarative way.

        This law was followed in 1993 by the Political Parties Act regulated political party financing by only six of the 32 articles of the Act. The provisions of these six articles were written in very general terms and the only specific provision relating to party funding was in Article 19, which determined the accounting for fi nancial transfers allocated to the party’s account from the state budget. Big step forward was made in 2004, when The Act on Financing of Electoral Campaigns for the Election of the President of Croatia was passed. The Act had only nine articles, yet it contained positive innovations, such as the obligation of public disclosure of donors and the amounts of donations, which was unknown until then due to the inadequacy of regulation. It was applied during presidential election in 2005 and 2010. The accuracy of some of the financial reports submitted during those elections was rather questionable as their veracity was not checked by anybody with auditing powers but still it was a step forward.

        Before this act the financing of election campaigns was regulated only partially by the Act on the Election of Representatives to the Croatian Parliament, adopted in 1999. The only specific provision in this Act concerning campaign financing was contained in Article 31: “Any political party that has candidates for the election of Members of Parliament is obliged to announce by the beginning of the election campaign the approximate data on the amount and sources of their own funds intended for expenditure in the election campaign“. This provision, like most of the other provisions on party fi nances, remained a dead letter that no one complied with After considerable pressure from the international community, caused by EU approach process, and the non-governmental sector, the Parliament adopted in 2006 the Act on the Financing of Political Parties, Independent Lists and Candidates, which was again big step forward. It regulated the for the first time many important issues, such as: membership fees and donations, it banned anonymous donations, donations from abroad and defined all other prohibited sources of funding. It also regulated a ban on pressure and promise as well as the prohibition of donations through a third party. However, this Act did not contain a number of provisions, which are common for this type of law in countries with stable democracies, but also in countries in transition, such as regulation of expenditures, control and monitoring or audit. The bigges failure of the Act was that it did not regulate the financing of election campaigns.

        The most comprehensive law in the domain of political funding in Croatia so far is the Act on Financing Political Activities and Election Campaigns, adopted in February 2011, which was accompanied by pretty good bylaws: the Regulation on Keeping Records and Issuing Receipts of Voluntary Donations and Membership Fees, Reports on Donations Received to Finance Election Campaigns and Reports on the Costs Expenses of Election Campaigns and Financial Statements for the Financing of the Election Campaign.Law on Financing Political Activities and Electoral Promotion that is currently in force has been changed several times to increase transparency due to pressures from the NGO that monitors political transparency and the national media. This law has been enforced for the first time in 2011(NN 24/11), and then it has been changed in that same year (NN 61/11), in 2013 (NN 27/13), and finally in 2014 (NN 02/14). The new law (in 2011) introduced ban on financing political activities from sources that are now not permitted, absolute must in opening an account and working transparently, matters in regard to financing the European elections, and ban on making deals to obtain votes.Before this law was enacted, Croatia had other laws regulating matters of financing political activities that were subject of criticism of the NGO that monitors financial transparency in Croatian politics, and this group - as well as the national media - demanded changes to the legal system. This pressure comes mostly from GONG as they work directly in this field. They regularly monitor not only elections, but also parliamentary sessions.

        Laws that regulated these issues were Law on Electing the President of the Republic of Croatia (NN 22/92, 42/92, 71/97, 69/04, 99/04, 44/06, 24/11), Law on Financing Electoral Promotion of the President of the Republic of Croatia (NN 105/04), and Law on Financing Political Parties, Independent Lists and Candidates (NN 1/07).

        As it is visible from numbers of laws, each law has been changed several times until the present law has been enacted, which means that Croatia passed through the long way of ensuring political transparency. However, certain groups still complain of political transparency. For example, GONG complains that it is not clear how sanctions are enforced and whether there is a true transparency prescribed by laws since it is not always clear how candidates finance their electoral promotions. Also, GONG complains that candidates/parties pay for advertisements before official campaign starts and while these advertisements remain visible to voters during the campaign, they are not reported because they have been paid before the official campaign has started. GONG has even submitted comments to the Law on Financing Political Activities and Electoral Promotion, however, their recommendations have not been taken into consideration such as - for example - recommendation to enforce an independent body for monitoring and sanctioning the electoral process, which is not currently the case.

        Scoring Criteria

        Please list and describe all documented instances of: 1) political finance reforms, including bills passed, executive orders signed, court rulings and any other legal act that had a direct effect on existent political finance regulation, and 2) all legal reform attempts presented to the legislature even if they were not approved. Please describe the political context that produced the reforms or reform attempts.

        Sources

        Laws:

        Law on Financing Political Activities and Electoral Promotion, NN 24/11, 61/11, 27/13, 02/14 Available at: http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

        Law on Electing the President of the Republic of Croatia, 22/92, 42/92, 71/97, 69/04, 99/04, 44/06, 24/11 Available at: http://www.zakon.hr/z/358/Zakon-o-izboru-Predsjednika-Republike-Hrvatske

        Law on Financing Electoral Promotion of the President of the Republic of Croatia, NN 105/04 Available at: http://narodne-novine.nn.hr/clanci/sluzbeni/200407105_2023.html

        Law on Financing Political Parties, Independent Lists and Candidates, NN 1/07 Available at: http://narodne-novine.nn.hr/clanci/sluzbeni/2007011_1.html

        Media articles:

        Index.hr (no author; taken from Media Servis news agency). 19 April 2013. Available at: http://www.index.hr/mobile/clanak.aspx?category=&id=673564 (Accessed 11 August 2014)

        Dnevnik.hr (no author). Novim zakonom ograni?it ?e se financiranje kampanja. 9 February 2011. Available at: http://dnevnik.hr/vijesti/hrvatska/novim-zakonom-ogranicit-ce-se-financiranje-kampanja.html (Accessed 11 August 2014)

        Poslovni dnevnik (no author; report from HINA - news agency). Sabor donio novi zakon o financiranju izbornih kampanja. 11 February 2011. Available at: http://www.poslovni.hr/vijesti/sabor-donio-novi-zakon-o-financiranju-izbornih-kampanja-171846 (Accessed 11 August 2014)

        Andreja Žap?i? (Tportal). Ho?e li financiranje kampanja zaista biti pod strožim nadzorom. 11 October 2011. Available at: http://www.tportal.hr/vijesti/hrvatska/153394/Hoce-li-financiranje-kampanja-zaista-biti-pod-strozim-nadzorom.html (Accessed 11 August 2014)

        Other sources:

        GONG. Final Report on Elections for Members of Representative Bodies of Local and Regional Entities and County Heads, Mayors and the Mayor of City of Zagreb. Available at: gong.hr/media/uploads/izborniizvještaj13lokfinal_nacrt.doc (Accessed 11 August 2014)

        GONG. Komentari na prijedlog Zakona o financiranju politi?kih aktivnosti i izborne promidžbe. Available at: http://gong.hr/media/uploads/dokumenti/Clanci/GONGKomentarinaPrijedlogZakonofinpolstranaka1.pdf (Accessed 11 August 2014)

  • expand button!

    Third Party Actors

    More about category
    composite
    0
    • expand button!
      Applicability of the Law to Third-Party Actors
      More about category
      • expand button!
        34
        Score
        NO
        In law, third-party actors (foundations, think tanks, unions, political action committees, etc.) report itemized contributions received and expenditures to an oversight authority and the information is made publicly available.More about indicator

        There are no provisions in the Law specifically regulating financing of third party actors in campaigns.

        NGOs cannot get involved in political promotion because this would be treated as volunteering and, thus, as an in-kind donation. Each in-kind donation has to be accompanied with an invoice (including private individuals who are obliged to issue this, as already explained in other indicators) therefore NGOs cannot participate in this type of activity.

        Scoring Criteria

        A YES score is earned where: 1) third-party actors are required to report to the oversight authority itemized contributions received and expenditures related to their support of electoral campaigns, and 2) the information must be publicly available.

        A MODERATE score is earned where third-party actors are required to report itemized contributions received and expenditures related to their support of electoral campaigns, but the information is not required to be publicly available. A MODERATE score is also earned where regulations exist, but only apply to electoral campaigns of one actor (whether political party or individual candidate).

        A NO score is earned where no such law exists.

        Sources

        Law on Financing Political Activities and Electoral Promotion, 24/11, 61/11, 27/13, 02/14, Article 22. Available at: http://www.zakon.hr/z/443/Zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

        Law on Non-Governmental Associations, NN 74/14, Articles 30 and 34. Available at: http://www.zakon.hr/z/64/Zakon-o-udrugama

      • expand button!
        35
        Score
        0
        In practice, to what extent do third-party actors (foundations, think tanks, unions, political action committees, etc.) report itemized contributions received and expenditures to an oversight authority?More about indicator

        There is no legal obligation for third party actors to report to oversight authority for elections such as the State Committee for Elections, or similar because NGOs are independent and not regulated by laws other than the Law on Non-Governmental Associations. In the study period, there are no third party groups who expressed support for political parties, and thus no such reporting to the SEC.

        Civil society organizations involved in monitoring of the political process, report on their work to an oversight authority and to public by publishing their reports at their official websites. However, as prescribed by the Law on Non-Governmental Associations, NGO is obliged to publish reports on their works either at their official websites or elsewhere, and there is no obligation to publish financial reports that are publicly available through Office for NGO.

        The only civil society organization that is 100 per cent relevant for this research is not-for-profit association and advocacy group GONG that regularly monitors all elections in the country, and particularly in regard to transparency of political process.

        GONG is mostly known to the public due to their media exposure during each elections in the country, and this organization reports on all income and all expenses. Categories of income and expenses are broken down to categories in a way that clearly shows this association is not funded from the state budget, but from independent sources and income generated through consultancy and intellectual services provided by members of this association (in line with existing laws). In other words, even though they are not obliged to report in so many details this association does so and often invites politicians and various public figures to do the same.

        Another civil society organization that is sometimes involved in elections in Croatia is Transparency International Croatia that also issued calls for more transparency in electoral processes. During the last presidential elections of 2009/2010, GONG and Transparency International issued a joint statement inviting politicians to transparency in electoral process.

        The difference between these two organizations is in the fact GONG publishes both report on work (activities explained in details) and financial report showing income and expenses while Transparency International Croatia publishes annual reports on work stating where the money comes from (e.g. projects), but it does not publish exact amounts in terms of its income and expenses.

        However, Croatian Law on Non-Governmental Associations demands annual reporting in terms of activities to be separated from financial report. There is no legal obligation to publish these reports because article 35 of the Law states that associations must have financial reports, however, the Law does not say that associations have to publish these reports. Nonetheless, these reports are available in the public registry of associations maintained by the Ministry of Public Administration (article 24).


        Peer Reviewer comment: Agree. In practice just once third party actors took part in campaigns – it was in 2007 Parliamentary elections when soccer club Dinamo from Zagreb called on its fans to support HDZ. Dinamo then published one page advertisements in all major newspapers in the country and never submitted any reports to SEC. This was not against any law and Dinamo had no consequences.

        Scoring Criteria

        A 100 score is earned where all third-party actors report to an oversight authority both itemized contributions received and itemized expenditures.

        A 50 score is earned where third-party actors report to an oversight authority either itemized contributions received or expenditures, but not both. A 50 score is also earned where the reports refer only to one type of third-party actor, but do not cover others.

        A 0 score is earned where third-party actors rarely or never report itemized contributions received or expenditures.

        Sources

        Law on Non-Governmental Associations, NN 74/14, Articles 24, 34 and 35. Available at: http://www.zakon.hr/z/64/Zakon-o-udrugama (Accessed 12 August 2014)

        GONG. Report on work for 2012. Available at: http://gong.hr/media/uploads/godisnjiizvjestaji/gongizvjestaj_2012.pdf (Accessed 12 August 2012)

        GONG. Report on work for 2013. Available at: http://gong.hr/media/uploads/gonggi2013hrvweb.pdf (Accessed 12 August 2014)

        Transparency International Croatia. Report on work for 2012. Available at: http://www.transparency.hr/uploaddata/sitefiles/tihgodisnjeizvjesceoradu_2012..pdf (Accessed 12 August 2014)

        Transparency International Croatia. Report on work for 2013. Available at: http://www.transparency.hr/uploaddata/sitefiles/godisnje-izvjesce-2013.pdf (Accessed 12 August 2014)

        Sanela Majdandži? (Ve?ernji list). Traži se objava donatora i troškova predsjedni?kih kampanja (Searching for the publication of donors and cost of presidential campaigns) . 19 November 2009. Available at: http://www.vecernji.hr/predsjednicki-izbori/trazi-se-objava-donatora-i-troskova-predsjednickih-kampanja-52913 (Accessed 12 August 2014)

        Reviewer's sources: Dinamo Bandi?u okrenu le?a, igra?i nose HDZ u srcu (Dinamo Bandic turned back , players wear the HDZ in the heart) 12 November 2007. Available at: http://dalje.com/hr-hrvatska/dinamo-bandicu-okrenu-ledja-igraci-nose-hdz-u-srcu/97386

        Zbog potpore HDZ-u Zagreb ?e smanjiti donacije Dinamu (Due to the support of the HDZ in Zagreb Dinamo will reduce donations), 13 November 2007, http://www.jutarnji.hr/zbog-potpore-hdz-u-zagreb-ce-smanjiti-donacije-dinamu/276014/

      • expand button!
        36
        Score
        0
        In practice, to what extent can journalists and citizens easily access the financial information of third party actors, including the political spending of those actors in support of political parties and individual candidates?More about indicator

        As noted above, in the study period, there are no incidents coming from groups who expressed support for political parties, and thus no such information is made public.

        There are two third party actors that are connected or somewhat connected with elections, i.e. GONG (directly related to electoral processes in Croatia) and Transparency International Croatia (somewhat related, i.e. not always active in regard to elections).

        Both organizations publish their reports on official websites, and they are easily accessible and available to everyone even though this is not a legal requirement for NGOs (as per Law on Non-Governmental Organizations). The only difference is that GONG is publishing its reports since 2000, and Transparency International since 2012. Since it is not mandatory by laws to publish these reports, it is notable that both organizations decided to publish them with GONG publishing reports even since 2000.


        Peer reviewer comment: Agree. In practice just once third party actors took part in campaigns – it was in 2007 Parliamentary elections when soccer club Dinamo from Zagreb called on its fans to support HDZ. Dinamo then published one page advertisements in all major newspapers in the country and never submitted any reports to SEC. Other than this, more recently there have been no third party actors taking part in any political campaigns. This was not against any law and Dinamo had no consequences.

        Scoring Criteria

        A 100 score is earned where: 1) all relevant financial information is freely available online or in hard copy at the cost of photocopying, 2) it can be obtained within two days of requesting it, and 3) it is in a machine readable format (for example in csv or xml format).

        A 50 score is earned where: 1) information is available but in some cases is incomplete or lacking detail, 2) obtaining complete information takes up to a month, or 3) it's not necessarily in machine readable format.

        A 0 score is earned where: 1) the information is not publicly available, or 2) obtaining it takes more than three months, or 3) the cost of obtaining it is prohibitive for the regular citizen.

        Sources

        Law on Financing Political Activities and Electoral Promotion, 24/11, 61/11, 27/13, 02/14 Available at: http://www.zakon.hr/z/443/Zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

        Law on Non-Governmental Associations, NN 74/14. Available at: http://www.zakon.hr/z/64/Zakon-o-udrugama

        GONG. Annual report for 2000. Available at: http://gong.hr/media/uploads/godisnjiizvjestaji/2000gonggodisnjiizvjestaj.pdf (Accessed 13 August 2014)

        GONG. Annual report for 2001. Available at: http://gong.hr/media/uploads/godisnjiizvjestaji/2001gonggodisnjiizvjestaj.pdf (Accessed 13 August 2014)

        GONG. Annual report for 2002. Available at: http://gong.hr/media/uploads/godisnjiizvjestaji/2002gonggodisnjiizvjestaj.pdf (Accessed 13 August 2014)

        GONG. Annual report 2003. Available at: http://gong.hr/media/uploads/godisnjiizvjestaji/2003gonggodisnjiizvjestaj.pdf (Accessed 13 August 2014)

        GONG. Annual report for 2004. Available at: http://gong.hr/media/uploads/godisnjiizvjestaji/2004gonggodisnjiizvjestaj.pdf (Accessed 13 August 2014)

        GONG. Annual report for 2005. Available at: http://gong.hr/media/uploads/godisnjiizvjestaji/2005gonggodisnjiizvjestaj.pdf (Accessed 13 August 2014)

        GONG. Annual report for 2006. Available at: http://gong.hr/media/uploads/godisnjiizvjestaji/2006gonggodisnjiizvjestaj.pdf (Accessed 13 August 2014)

        GONG. Annual report for 2007. Available at: http://gong.hr/media/uploads/godisnjiizvjestaji/2007gonggodisnjiizvjestaj.pdf (Accessed 13 August 2014)

        GONG. Annual report for 2008. Available at: http://gong.hr/media/uploads/godisnjiizvjestaji/2008gonggodisnjiizvjestaj.pdf (Accessed 13 August 2014)

        GONG. Annual report for 2009. Available at: http://gong.hr/media/uploads/godisnjiizvjestaji/godisnjiizvjestaj_2009.pdf (Accessed 13 August 2014)

        GONG. Annual report for 2010. Available at: http://gong.hr/media/uploads/godisnji_izvjestaji/gonggodisnji11.pdf (Accessed 13 August 2014)

        GONG. Annual report for 2011. Available at: http://gong.hr/media/uploads/godisnji_izvjestaji/gonggi2011hrv.pdf (Accessed 13 August 2014)

        GONG. Annual report for 2012. Available at: http://gong.hr/media/uploads/godisnjiizvjestaji/gongizvjestaj_2012.pdf (Accessed 13 August 2014)

        GONG. Annual report for 2013. Available at: http://gong.hr/media/uploads/gonggi2013hrvweb.pdf (Accessed 13 August 2014)

        Transparency International Croatia. Report on work for 2013. Available at: http://www.transparency.hr/uploaddata/sitefiles/godisnje-izvjesce-2013.pdf (Accessed 13 August 2014)

        Transparency International Croatia. Report on work for 2012. Available at: http://www.transparency.hr/uploaddata/sitefiles/tihgodisnjeizvjesceoradu_2012..pdf (Accessed 13 August 2014)

        Reviewer's sources: Dinamo Bandi?u okrenu le?a, igra?i nose HDZ u srcu (Dinamo Bandic turned back , players wear the HDZ in the heart) 12 November 2007. Available at: http://dalje.com/hr-hrvatska/dinamo-bandicu-okrenu-ledja-igraci-nose-hdz-u-srcu/97386

        Zbog potpore HDZ-u Zagreb ?e smanjiti donacije Dinamu (Due to the support of the HDZ in Zagreb Dinamo will reduce donations), 13 November 2007, http://www.jutarnji.hr/zbog-potpore-hdz-u-zagreb-ce-smanjiti-donacije-dinamu/276014/

      • expand button!
        37
        Score
        --
        Open Question: Please describe how third party-actors (even if they are not regulated by your country's laws) obtain contributions and spend in support of political parties and/or individual candidates.More about indicator

        During the study period, there has never been one single complaint about NGO (or a third-party organization) and their spending for promoting politics nor has there been any complaints towards the lack of reporting because NGOs report even more than required by laws (as explained in other indicators).

        There are two third-party actors that are directly or somewhat related to political campaigns in Croatia, i.e. GONG and Transparency International Croatia.

        GONG is monitoring all election on a regular basis, and is the only organization that is very well known to the wider public because media often interview their members during elections. GONG is monitoring all aspects of electoral processes, and publishes extensive comments on each elections in the country. They are, however, also issuing recommendations to politicians and they are publicly advocating policies they support. This association also always comments on various laws that are in the process of enforcement and proposes solutions/changes to existing laws, or laws in the process of change.

        Transparency International Croatia is active in prevention of corruption, and this is connected with political corruption. In that, they always invite politicians and political parties for transparency and anti-corruption policies.

        In 2007, before changes to the Law on Financing Political Activities and Electoral Promotion, GONG and Transparency International Croatia invited all parties for transparency even though the laws were not adequate. In other words, they invited politicians to be more transparent than laws of the time asked from them.


        Peer reviewer comment: Agree. The only case when third party actors took party in campaign was mentioned in answer to question 35, when Dimano, the soccer team supported HDZ. Dinamo was at the time one of the most popular soccer teams in the country and its ads attracted a lot of public attention. Comments were mostly negative, since in Croatia almost everyone agrees that sport should be neutral and should not take part in campaigns. This was not against any law and Dinamo had no consequences.

        Scoring Criteria

        To answer this question please: 1) list the types of third-party actors that exist in your country and describe how they work to influence campaigns, 2) explain how important such actors are or not in the context of campaigns, including whether their expenditures are substantial in relation to that of political parties and individual candidates, and 3) if documented evidence indicates they circumvent laws intended to regulate political finance, please explain how and include references to the evidence.

        Sources

        An Email Interview with Predrag Bejakovi?, Institute for Public Finances, Zagreb, Croatia. 14 August 2014.

        GONG and Transparency International Croatia. GONG i TiH: Javni poziv strankama, listama i kandidatima. Available at: http://gong.hr/hr/izborni-sustav/politicke-stranke/gong-i-tih-javni-poziv-strankama-listama-i-kandida/ (Accessed 13 August 2014)

        GONG. Annual report on work for 2013. Available at: http://gong.hr/media/uploads/gonggi2013hrvweb.pdf (Accessed 13 August 2014)

        GONG. Annual report on work for 2012. Available at: http://gong.hr/media/uploads/godisnjiizvjestaji/gongizvjestaj_2012.pdf (Accessed 13 August 2014)

        Transparency International Croatia. Annual report on work for 2013. Available at: http://www.transparency.hr/uploaddata/sitefiles/godisnje-izvjesce-2013.pdf (Accessed 13 August 2014)

        Transparency International Croatia. Annual report on work for 2012. Available at: http://www.transparency.hr/uploaddata/sitefiles/tihgodisnjeizvjesceoradu_2012..pdf (Accessed 13 August 2014)

        Reviewer's sources: Studeni 2007: Dinamo se osim u Ligu Uefe vratio i u Ligu HDZ-a, 9 May 2009, http://www.index.hr/sport/clanak/studeni-2007-dinamo-se-osim-u-ligu-uefe-vratio-i-u-ligu-hdza/364677.aspx

        Sje?ate se Dinamovog oglasa "HDZ u srcu"? ?lan Izvršnog odbora Mar?inko ga je (Remember Dinamo ad " HDZ in the heart " ?) , 14 September 2009, http://www.index.hr/sport/clanak/sjecate-se-dinamovog-oglasa-hdz-u-srcu-clan--izvrsnog-odbora-marcinko-ga-je-zaboravio/512244.aspx

  • expand button!

    Monitoring and Enforcement

    More about category
    composite
    61
    • expand button!
      Monitoring Capabilities
      More about category
      • expand button!
        38
        Score
        YES
        In law, political finance information is monitored by an independent oversight authority.More about indicator

        The State Election Commission is designated to oversee political finance (LFPAEP Article 27). In Articles 1-2 of the LSEC the State Election Commission is designated as permanent and independent.

        LSEC Article 2: "The Commission is a permanent and independent state body that acts within its jurisdiction in accordance with this Act and other laws regulating the election of representatives to the Croatian Parliament, the choice of the Croatian President, the election of members of representative bodies of local (regional) governments, heads of municipalities, mayors, prefects and mayors of Zagreb, members of councils and representatives of national minorities in local and territorial (regional) self-government and of state, local and advisory referendum."

        LFPAEP Article 27: "The State Election Commission oversees the annual financial performance and annual financial reports of political parties, independent MPS and members of representative bodies of local and territorial (regional) self-selected group from the list of voters and carreis out other activities within its jurisdiction.

        The State Election Commission, in cooperation with the competent electoral commissions, monitors compliance with the provisions of this Act relating to the election campaign, the financial accounts relating to the financing of election campaigns, collecting donations and election campaign expenses, reporting on the financing of election campaigns and other activities related to finance election campaigns of political parties, independent lists or list of groups of voters and candidates.

        Supervision financing of election campaigns, the State Election Commission conducted after the opening of separate accounts to finance election campaigns until the completion of transactions on these accounts.

        The State Audit Office carries out the audit of political parties, independent MPs and members of representative bodies of local and territorial (regional) self-selected groups from the list of voters and carries out other activities within its jurisdiction.

        The State Audit Office performs an audit under this Act in the manner prescribed by the law governing the work of the National Audit Office and international auditing standards.

        In exercising supervision, the State Election Commission may request the necessary information from the National Audit Office.

        In the implementation of State Election Commission conducts control and verification by other authorities and may request the neessary information and taking necessary actions of these bodies. The competent authority shall submit the requested period, the State Election Commission and all data are in accordance with the provisions of this Act."

        Scoring Criteria

        A YES score is earned where: 1) an independent oversight authority is mandated to monitor political finance information, and 2) the authority has investigation and audit powers.

        A MODERATE score is earned where the independent oversight authority is mandated to monitor political finance information, but doesn't have investigation or audit powers.

        A NO score is earned where no such law exists.

        Sources

        Law on Financing Political Activities and Electoral Promotion, 24/11, 61/11, 27/13, 02/14 Available at: http://www.zakon.hr/z/443/Zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

        Law on the State Electoral Committee, NN 44/06, 19/07, Articles 4,5,7 and 8. Available at: http://www.zakon.hr/z/354/Zakon-o-državnom-izbornom-povjerenstvu

        Other sources:

        GONG. Final Report on Elections for Members of Representative Bodies of Local and Regional Entities and County Heads, Mayors and the Mayor of City of Zagreb. Available at: gong.hr/media/uploads/izborniizvještaj13lokfinal_nacrt.doc (Accessed 11 August 2014)

        GONG. Komentari na prijedlog Zakona o financiranju politi?kih aktivnosti i izborne promidžbe (Comments on the draft law on financing political activities and election campaigns). Available at: http://gong.hr/media/uploads/dokumenti/Clanci/GONGKomentarinaPrijedlogZakonofinpolstranaka1.pdf (Accessed 11 August 2014)

      • expand button!
        39
        Score
        NO
        In law, high-level appointments to the oversight authority are based on merit.More about indicator

        The Law on the State Electoral Committee (article 4) states that the President of the Supreme Court of Croatia is also the president of the State Electoral Committee based on his position. Article 5 states that two vice-presidents of the State Electoral Committee are elected by the Council of the Supreme Court of Croatia, and these two members are elected from judges of the Supreme Court of Croatia. Article 7 states that additional members of the State Electoral Committee are elected in the following way:

        "Vice-presidents that are not coming from judges are elected by the Croatian Parliament with majority of votes of all PMs for the period of eight years in a way that one vice-president and two members are elected based on the proposal of the political party or coalition that has the majority in the Parliament while the other vice-president and additional two members are elected based on the proposal from oppositional political parties or coalitions, and all in line with party system of the Croatian Parliament in the moment of the election process..."

        According to the article 8 of the same Law, "for the position of the vice-president of the Committee who is not a judge can be elected a citizen of the Republic of Croatia with permanent residency in the Republic of Croatia, who has general voting right, Bachelor degree in Law, 10 years of work experience in the profession, knowledge of political and electoral system, and is not a member of any political party."

        Scoring Criteria

        A YES score is earned where: 1) high-level appointments must be based on merit in a public appointment process; and 2) appointees must be free of conflicts of interest due to personal loyalties, family connections, political party affiliations, business partners or other biases.

        A MODERATE score is earned where high-level appointments must be based on merit in a public appointment process, but the regulations don't forbid appointments involving conflicts of interest or other biases.

        A NO score is earned where no such law exists.

        Sources

        Law on the State Electoral Committee, NN 44/06, 19/07, Articles 4,5,7 and 8. Available at: http://www.zakon.hr/z/354/Zakon-o-državnom-izbornom-povjerenstvu

      • expand button!
        40
        Score
        0
        In practice, to what extent are high-level appointments to the oversight authority based on merit?More about indicator

        As explained in the previous (in-law) indicator, Croatia does not have a legal requirement to select members of the State Electoral Committee based on merit. Candidates are selected based on their position and the selection process is regulated by the Law. The candidates were not chosen in opaque process. It is simply regulated by law, and there is no discussion about it because nobody has a problem with it.

        There are no records on this because appointment of members of the State Electoral committee is not a subject of public discussions. It belongs to the sphere of puting people in various state bodies and that does not create interest. For example, there are also appointments to the Council for Electronic Media, Council for Croatian Public TV, etc.

        Interviewees say that the Committee is not independent enough (Bejakovi?), and that there should be political scientists in the Committee as well (Zeli?).


        Peer reviewer comment: Agree. Members of the SEC were elected in 2007 with 8 years mandate after government coalition proposed two members and one vice president and majority of opposition suggested also two members and one vice president. One opposition party also nominated one person, but he was not appointed. The whole appointment was result of an agreement between major political parties. Some of the candidates were even MPs of the political parties and they left their party so they could become members of the SEC. Most of them were civil cervants in state institutions and not known to the general public. When in 2011 one of the members from the opposition quota died, new members were nominated again from the opposition parties.

        Scoring Criteria

        A 100 score is earned where: 1) there is an advertised competition and public vetting process, 2) candidates with the most merit and without conflicts of interest or other biases are appointed.

        A 50 score is earned where the public competition is usually advertised and the vetting process public, but exceptions exist. A 50 score is also earned where candidates with the most merit and without conflicts of interest or other biases are appointed but exceptions exist.

        A 0 score is earned where there's rarely or never a public competition, or appointees are rarely selected on merit or without conflicts of interest or other biases.

        Sources

        An Email Interview with Predrag Bejakovi?, Institute for Public Finances, Zagreb, Croatia. 14 August 2014.

        Mr Dragan Zeli?, GONG, 29 August 2014. An email interview.

        Law on the State Electoral Committee, NN 44/06, 19/07. Available at: http://www.zakon.hr/z/354/Zakon-o-državnom-izbornom-povjerenstvu

        Reviewer's sources: Croatian's Parliament's website, Proposed Decision on Election of Vice President and Members of the National Electoral Commission of Croatia, http://www.sabor.hr/Default.aspx?art=1524

      • expand button!
        41
        Score
        MODERATE
        In law, the independence of high-level appointees is guaranteed.More about indicator

        Article 2 of the Law on the State Electoral Committee clearly states that the Committee is independent and permanent body: " The State Electoral Committee is permanent and independent state body that..."

        LFPAEP Article 27, the SEC oversees financial reports and election campaign reports, and has the authority to work with the State Audit Office to conduct control and verification, including the auditing of these bodies.

        Appointees have tenure in their positions because they are elected to the period of 8 years, as per the same Law (article 7). However, the law does not prescribe an independent process for removal. It only states how committee members are put on their position and the timeframe.

        As for removal, this is decided by a committee of the Croatian Parliament. Article 15 states: "Mandate of the president, vice-president and member of the Committee stops before its expiration in the case of death and in the case where person is dismissed from the duty. The president vice-president and member of Committee will be dismissed in the following cases:

        • if he asks for it itself,
        • if he permanently loses the possibility of fulfilling his duty
        • if he gets sentenced to prison for committing a criminal offense
        • if he loses any of the conditions necessary for the election
        • if he is not fulfilling his duties in line with the Law and other regulations on the work of the Committee
        • if he officially declares as a candidate in elections.

        Existence of reasons for dismissal of the president, vice-president and member of the Committee before expiration of the mandate is determined by regulatory committee of the Croatian Parliament. Decision on dismissal is made by the Croatian Parliament with majority of votes of all of its members."

        Scoring Criteria

        A YES score is earned where: 1) appointees have the authority or mandate to review cases and issue decisions, 2) the law establishes security of tenure, and 3) removal or disciplinary actions are based on due process conducted by a peer panel or independent oversight body.

        A MODERATE score is earned where appointees have the authority or mandate to review cases and issue decisions, BUT one of the second two conditions mentioned in the YES criteria is not met.

        A NO score is earned where no such law exists.

        Sources

        Law on the State Electoral Committee, NN 44/06, 19/07, Articles 2, 7 and 15. Available at: http://www.zakon.hr/z/354/Zakon-o-državnom-izbornom-povjerenstvu

        Law on Financing Political Activities and Electoral Promotion, article 27, Available at: http://www.zakon.hr/z/443/Zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

      • expand button!
        42
        Score
        75
        In practice, to what extent is the independence of high-level appointees guaranteed?More about indicator

        It is not known to the public nor has it been a case in the national media that the State Electoral Committee has been a subject of prosecution for any of decisions taken by this body. Media search did not provide articles pointing towards direction that the State Electoral Committee is a subject of pressures or any attacks.

        Nonetheless, the body is regularly working within its jurisdiction and it reports irregularities during electoral processes. For example, in April 2014 the State Electoral Committee acted within its jurisdiction and filed a case with State Attorney Office for alleged vote-buying. The issue emerged during one Parliamentary discussion where one MP stated that he knows that one board member in one local electoral unit placed 100 fake electoral papers in the box when he had a chance. The State Electoral Committee, as also acknowledged by the national media, carefully listened the discussion and acted. There is a general perception that the State Electoral Committee is not sufficiently independent, and the body said - after acting as described above - that they acted as authorized and expressed hope that this will increase trust in political institutions in Croatia.

        In March 2013, however, State Office for Revision accused openly the Social Democratic Party for lying over their report submission because the Party said to the media they informed the State Electoral Committee about their delay. The State Electoral Committee reported the ruling party to the State Attorney Office for delaying the report within their legal jurisdiction.

        As explained in in-law indicators, the State Electoral Committee has tenure but no independent due process is established in the law. However, this does not seem to be an obstacle in their work. There have not been removals prior to term expiration for SEC members.

        Transparency International Croatia confirms that the State Electoral Committee is not independent because its members are elected in Parliament, however, it condemns the fact that members of the State Electoral Committee are elected only from legal profession and not others especially from Political science field. This would be necessary because political scientists are especially trained for areas such as party system and financing of politics. The organization did not report on misconduct towards the State Electoral Committee because of decisions taken, which confirms our finding based on media search.

        GONG, on the other hand, confirmed that the State Electoral Committee is an independent body in principle, and that functions as such. However, GONG warns that the Committee should be more pro-active in discovering and sanctioning certain violations of laws and especially violations towards the use of public resources, and that the Committee should be more educated about monitoring financing of campaigns and political parties.

        Scoring Criteria

        A 100 score is earned where all of the following conditions are met: 1) appointees review cases and issue decisions without fear or favor from other branches of government, and 2) appointees are granted security of tenure and 3) no appointees are removed, disciplined or transferred without due process by a peer panel or independent oversight body.

        A 50 score is earned where any of the following conditions apply: 1) appointees generally operate without fear or favor from other branches of government but exceptions exist, or 2) some but not all appointees are granted security of tenure, or 3) appointees are occasionally removed, disciplined or transferred without due process by a peer panel or independent oversight body.

        A 0 score is earned where at least one of the following conditions apply: 1) appointees operate with fear or favor from other branches of government, or 2) are not granted security of tenure, or 3) are usually removed, disciplined or transferred without observing due process by a peer panel or independent oversight body.

        Sources

        Interview with Dr Predrag Bejakovi?, Institute for Public Finances, Zagreb, Croatia. 14 August 2014.

        Interview with Responsible Person in the State Electoral Committee. 20 August 2014.

        Interview with Mr Dragan Zeli?, Executive Director of NGO GONG. 29 August 2014.

        Interview with Ms Davorka Budimir, MSc, President of Transparency International Croatia. 4 September 2014.

        Jutarnji list (no author; HINA agency report). OTKRIVENA IZBORNA PREVARA Zastupnik: 'Znam ?ovjeka koji je u kutiju ubacio sto glasa?kih listi?a'. 30 April 2014. Available at: http://www.jutarnji.hr/prijava-dip-a-zbog-izborne-prijevare-boro-grubisic-otkrio-slucaj--caka-se-potez-dorh-a/1187551/ (Accessed 22 August 2014)

        Sabina Tandara Knezovi? (Dnevnik.hr). Državni ured za reviziju: SDP laže!; Opa?i?: Žao nam je. 4 March 2013. Available at: http://dnevnik.hr/vijesti/hrvatska/drzavni-ured-za-reviziju-sdp-laze---277010.html (Accessed 22 August 2014)

      • expand button!
        43
        Score
        --
        Open Question: How does decision-making work in the oversight authority?More about indicator

        The State Electoral Committee acts within the law, and what decision it can take are based on laws, and actions - therefore - vary depending to the offense being made.

        In terms of how it makes decisions, there is no rule on this, which means that decisions are taken by majority. Usually, being a president of any committee means being the responsible person in legal way, but your work is very much of chairman position.

        When it comes to breaching the Constitution in part that guarantees freedom of the electoral process, then the State Electoral Committee makes decisions on complaints and determines whether the Constitution has been violated or not.

        When it comes to violating the Law on Financing Political Activities and Electoral Promotion, the Committee can make decision to withdraw temporary or permanently funding of the electoral promotion in part or in full. Breaches of the Law on financing that the State Electoral Committee monitors are failure to submit financial reports on time, reports on electoral promotion and violation of expenditure.

        The State Electoral Committee is also responsible for filing a proposal to the Committee for the Constitution of the Parliament of the Republic of Croatia or to the Representative Body of the Local or Regional Representatives bodies for blocking regular funding to political parties and politicians for failure to submit reports on time.

        Finally, the State Electoral Committee is responsible for filing proposals for prosecution to the State Attorney Office know about violations of the Law on Financing Political Activities and Electoral Promotion, articles 43 to 47. If there is some other violation (of some other law), the Committee is authorized to file a complaint to representative state body in charge of that particular offense.

        Media search did not provide articles with complaints to the work of the State Electoral Committee. Nonetheless, GONG (a civil society organization that monitors elections) enlists activities that this Committee has undertaken in several elections that show the Committee is indeed active in pursuing their duties. This was particularly visible during presidential elections in 2009/2010 when the State Electoral Committee banned certain media advertisements that were earlier deemed as unacceptable by the Constitutional court, enabled voters with disabilities to practice their voting rights by calling for additional measures to be implemented, banned collection of donations via phone machines that would make difficult to determine who the donator is, etc. (the State Electoral Committee acted in this way for donation collection because Law on Financing Political Activities and Electoral Promotion was not in force during presidential elections 2009/2010).

        During local elections of 2013, the State Electoral Committee was labelled as pro-active in making sure that the elections are running smoothly.


        Peer Reviewer comment: So far all decisions in SEC were reached by consensus, sometimes after longer debate, but no one ever had separated opinion on any issue.

        Scoring Criteria

        Please describe: 1) the composition of the decision-making body within the oversight authority, 2) the type of decisions it's allowed to make and makes in practice, and 3) in which cases majority is required. If there have been well substantiated complaints about the decision-making process being ineffective or politicized please explain.

        Sources

        An Email Interview with Responsible Person from the State Electoral Committee. 20 August 2014.

        GONG. Final report on the Elections for the President of the Republic 2009/2010. Available from: http://gong.hr/media/uploads/dokumenti/GONGizvjetajpredizborifinal.pdf (Accessed 22 August 2014)

        GONG. Final report on Elections for Members of Representative Bodies of Local and Regional Entities and for County Mayors, Mayors and the Mayor of City of Zagreb. Available at: gong.hr/media/uploads/izborniizvještaj13lokfinal_nacrt.doc (Accessed 22 August 2014)

        Reviewer's sources: Telephone interview with Zorislav Ham, SEC member, on October 26th 2014

      • expand button!
        44
        Score
        100
        In practice, to what extent does the authority have sufficient capacity to monitor political finance regulations?More about indicator

        The State Electoral Committee has professional, administration and technical service that are separately in charge for their own field of work, and have assigned duties that ensure smooth running of the work of the State Electoral Committee. These duties are also regulated by special laws regulating workload, statuses and responsibilities of state appointees. There is no issue with capacity; they are regularly monitoring all aspects of electoral processess in Croatia, including the financial reports.

        There is a secretary running these services and ensuring that it runs smoothly. The secretary has an assistant, and the secretary is responsible to the elected members of the State Electoral Committee. At the moment this research has been conducted there were 11 employees: secretary and secretary's assistant, two administrative secretaries of the President of the Committee, two advisers of the President of the Committee for legal matters, two advisers of the President of the Committee for financial matters, three senior professional advisers who are serving as advisers of the Committee (two economists and one lawyer). During 2013 and 2014, there was a higher workload and several contracts have been offered to people who were officially enlisted as unemployed at the State Buro for Unemployed, i.e. additional people were hired to assist during the elections.

        Funding for work is coming from the state budget, and president of the committee decides on spending. There are no problems in obtaining this funding.

        There is no backlog of financial report monitoring. The SEC works within deadlines, and GONG as a main body working with that institution did not report on problems with working with them. Nonetheless, in the last elections (as outlined in other indicators) GONG rated the work of the SEC as positive and pro-active.

        The media search did not provide any stories on the lack of staff in the State Electoral Committee nor there are any stories stating that the State Electoral Committee lacks capacity to perform their work.

        Scoring Criteria

        A 100 score is earned where: 1) the authority has sufficient budget to monitor all incoming reports, and 2) it has sufficient staff to review all incoming reports.

        A 50 score is earned where: 1) the authority has insufficient budget to monitor all incoming reports, or 2) its staff can only review half of all incoming reports.

        A 0 score is earned where: 1) the authority can't fulfill most of its essential functions due to budget constraints, or 2) its staff only has the capacity to review 25% or less of all incoming reports.

        Sources

        An Email Interview with Responsible Person in the State Electoral Committee. 20 August 2014.

        Media search showing no reports of any backlog of report review. August 2014.

        Interview with Mr Dragan Zeli?, Executive Director of NGO GONG. 29 August 2014.

        This link also provides a list of all monitoring activities of the State Electoral Committee: http://www.izbori.hr/izbori/dip_ws.nsf/public/index?open&id=D942& (Retrieved 18 October 2014)

      • expand button!
        45
        Score
        100
        In practice, to what extent does the authority conduct investigations or audits when necessary?More about indicator

        The State Electoral Committee is authorized to perform control twice a year, or in March each year when the body checks if all political parties timely submitted their financial reports for previous calendar year, and in July each year when the body checks if political parties timely submitted reports on donations (bi-annual reports). When there are elections, the State Committee also monitors financing of political campaigns. This was the case, for example, in 2014 during European Elections and in 2013 during Local Elections.

        The State Electoral Committee regularly monitors elections. Monitoring should be differentiated from auditing in the Croatian context, i.e. everybody is regularly monitored and the fact that a party is under monitoring does not mean that party is accused of misconduct. If there is a complaint the State Electoral Committee can - in collaboration with the State Office for Revision- conduct monitoring to assess alleged accusations. The State Office for Revision is regularly monitoring work of political parties, and conducts regular monitoring of work for each calendar year. Their reports are published at their official website.

        During the last local elections in 2013, the Committee delivered administrative sanctions and fines that included complete withdrawal of funding for certain parties and candidates. Candidates were regularly controlled and fined in all counties. A full list of candidates that were fined accompanied with detailed report on each candidate fined is still available at the website of the Croatian State Electoral Committee.

        The SEC sanctioned parties in cases where they did not submit reports on time and in cases where there were other violations. When the violation is a delay to submit report on time there is no need to investigate because parties and candidates are obliged to submit report to the SEC directly. Therefore, if one fails in submitting the fine comes automatically.

        In cases of other violations (e.g. not opening a separate account, violation of expenditure limits, etc.) the SEC conducts independent investigations and then reports to the state attorney as per law. They do this as needed.


        Peer reviewer comment: Agree. The last two most recent electoral campaigns were for the EU Parliament in 2013 and 2014. For those elections there was almost no campaigning, so there was no need for any investigations. Still, during 2011 parliamentary election SEC noticed in 25 cases breaking of the Law and reported it to State Attorney.

        Scoring Criteria

        A 100 score is earned where the authority conducted at least three investigations or audits during the most recent electoral campaign.

        A 50 score is earned where the authority conducted at least one investigation or audit during the most recent electoral campaign.

        A 0 score is earned where the authority didn't conduct any investigation or audit during the most recent electoral campaign.

        Sources

        An Interview with Responsible Person from the State Electoral Committee. 20 August 2014.

        The State Electoral Committee. A full list of reports on monitoring local elections in 2013, and accompanying fines and administrative sanctions to candidates that did not comply with all requirements (includes all individual reports): http://www.izbori.hr/izbori/dip_ws.nsf/public/index?open&id=D942& (Retrieved 18 October 2014)

        The State Electoral Committee. A list of decisions with names of candidates on withdrawing funding for electoral campaigns with individual reports available upon clicking on the name of the candidate (opens in a new window with scanned decision): http://www.izbori.hr/izbori/dip_ws.nsf/public/index?open&id=D942& (Retrieved 18 October 2014)

        The official website of the State Office for Revisions: www.revizija.hr. Accessed on September 24, 2014.

        The official website of the State Electoral Committee: www.izbori.hr. Accessed on September 24, 2014.

        The State Electoral Committee. List with Documents on monitoring the electoral process and fines for parties and candidates that were late. Available at: http://www.izbori.hr/izbori/dip_ws.nsf/public/index?open&id=D942& (Retrieved 18 October 2014)

        Reviewer's sources: Report of SEC sent upon request (not available online)

      • expand button!
        46
        Score
        100
        In practice, to what extent does the authority publish the results of investigations or audits?More about indicator

        All reports are published at the official website of the State Electoral Committee and made public. The State Electoral Committee publishes a full list of its monitoring activities, and a list with administrative fines as well as a list with fines that include complete withdrawal of election funding due to violations of the law. Each report is freely available at the website.

        The State Electoral Committee is publishing reports with regard to their work, and these reports are published within deadline prescribed by the Law on Financing Political Activities and Electoral Promotion. Reports are published within 60 days of the elections and are available -according to the law - for at least 30 days. However, in practice these reports are always available online especially at the website of Digital Documentation Archive.

        The State Office for Revision is regularly monitoring work of political parties and independent candidates, and their reports are submitted to the Croatian Parliament. These reports are also published at the official website of the State Office for Revision.

        All reports are published immediately after investigation is completed, and the public is informed with press releases sent to the media. The information permanently stays on the website even though this is not required as mandatory by the Law.

        Scoring Criteria

        A 100 score is earned where the authority publishes reports of all its investigations or audits a month or less after their conclusion.

        A 50 score is earned where reports are available to the public more than a month after the conclusion of the investigation or audit.

        A 0 score is earned where reports are not available to the public or they become available after six months or more after conclusion of the investigation or audit. A 0 score is also earned where only summaries of the reports are publicly available.

        Sources

        An Interview with Responsible Person from the State Electoral Committee. 20 August 2014.

        The official website of the State Electoral Committee: www.izbori.hr. Accessed on September 24, 2014.

        The official website of the Digital Information-Documentation Office: www.hidra.hr. Accessed on September 24, 2014.

        The official website of the State Office for Revisions: www.revizija.hr. Accessed on September 24, 2014.

        The State Electoral Committee. A full list of reports on monitoring local elections in 2013, and accompanying fines and administrative sanctions to candidates that did not comply with all requirements (includes all individual reports): http://www.izbori.hr/izbori/dip_ws.nsf/public/index?open&id=D942& (Retrieved 18 October 2014)

        The State Electoral Committee. A list of decisions with names of candidates on withdrawing funding for electoral campaigns with individual reports available upon clicking on the name of the candidate (opens in a new window with scanned decision): http://www.izbori.hr/izbori/dip_ws.nsf/public/index?open&id=D942& (Retrieved 18 October 2014)

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

    • expand button!
      Enforcement Capabilities
      More about category
      • expand button!
        47
        Score
        YES
        In law, there are sanctions in response to political finance violations.More about indicator

        The Law extensively regulates this matter by imposing administrative sanctions and financial sanctions to parties and individual candidates who violate Law in regard to transparency of political finances.

        Administrative sanctions include loss of financing electoral promotion if a party or individual candidate fail to publish information on donations and expenses for electoral promotion and financial reports on financing electoral promotion (article 40). Expenses can be refused in full, partially or revoked, and articles 40 and 41 extensively regulates when this situation can happen, or when political parties and/or individual candidates use funding for purposes forbidden by articles 16, 17, 24, 25, 34 and 39 of the Law on Financing Political Activities and Electoral Promotion that regulates obligations of political parties and individual candidates in regard to financing and reporting.

        Article 43 also imposes financial fines to parties and candidates for breaching article 7, clause 3 on opening a special account for donations, article 7 clause 7 on returning the money subject to forced payment, article 8 on returning extra money, party that does not have a transparent evidence of its members as prescribed by article 10 clause 5, party or candidate that does not publish bonuses and discounts from the media as prescribed by article 12 clause 2, presidential, local and national minority candidates who fail to publish plan on financing campaigns as prescribed by article 13, party or independent candidate that fails to open a special account for electoral campaign as prescribed by article 14 clauses 3 and 4, candidates and conveners of lists that fail to return money forcibly taken from their accounts as prescribed by article 14 clause 8, party or independent list that uses money for forbidden purposes as prescribed by articles 16 clause 1, 2, 3 and 4, party or independent member that violates article 23, party or candidate that fails to submit reports on donations and electoral promotion or fails to publish them on time as prescribed by article 24, party or independent candidate that fails to submit program and financial plan as prescribed by article 28, party or independent representative that fails to submit an annual report as prescribed by article 30, party or independent candidate that fails to submit a report on electoral promotion as prescribed by article 34, party or independent candidate that fails to keep information on donations and/or fails to submit that information as prescribed by article 36, party or independent candidate that fails to publicly publish financial reports as prescribed by article 39. For these violations, financial fine is from 30.000,00 to 50.000,00 HRK (5.259,99 - 8.765,88 USD).

        Article 44 prescribed financial fines for parties and independent candidates that fail to report and pay exceeding amount of donations to the state budget as prescribed by article 11 clause 5, party or independent candidate that fails to return to pay to the state budget extra money collected during electoral campaign as prescribed by article 14 clause 12, parties or independent candidates that fail to report on changed purpose of donations that were not used for electoral promotion as prescribed by article 14 clause 13, party or independent candidate that spends more money for electoral promotion than allowed as prescribed by article 17 clauses 1, 2, 3 and 4, party or independent candidate that fails to return exceeded amount of donation to senders as prescribed by article 17 clause 5, party or candidate that fails to report donation from forbidden source and fails to transfer that money to the state budget as prescribed by article 22 clause 4. Financial fines for these breaches are 8-10 per cent of donation received from a source that is not allowed or similar breach, or 8 to 10 per cent of total allowed amount for electoral promotion in cases when reports have not been submitted.

        Article 45 imposes financial fines for private and legal persons who fail to issue an invoice for donations given in the form of products or services or if the value of donations fails to meet its market value as prescribed by article 10 clause 3, private or legal persons who pay a donation to political party or individual candidate even though there is a ban on paying that donation as prescribed by article 22 clause 1, sub-clause 6. In the first case, financial fine is from 50.000,00 HRK (currently 8.765,88 USD) to 100.000,00 HRK (currently 17.530,30 USD), and in the second case financial fine is from 10.000,00 HRK (currently 1.752,98 USD) to 50.000,00 HRK (currently 8.765,88 USD). In case when a legal person has breached the law, it will not be only the legal person that is fined (as described) but also its official representative. Official representative of the legal person will be fined from 10.000,00 HRK (currently 1.752,98 USD) to 20.000,00 HRK (currently 3.505,79 USD).

        Article 46 prescribed fines for local and regional entities that fail to ensure funding in their budgets for regular financing of political parties and members of local and regional authorities as prescribed by article 3 clause 2. In this case, the fine is from 100.000,00 HRK (currently 17.528,52 USD) to 500.000,00 HRK (currently 87,642.58 USD).

        Article 47 regulates that financial fine between 50.000,00 and 100.000,00 HRK will be imposed over local and regional entities that fail to regularly transfer regular funding to political parties and individual candidates, and over those local and regional entities that fail to reimburse political parties and individual candidates for electoral promotion on time. This fine also applies to person authorized for representing local or regional entity, and to person who is responsible for financial matters of the local or regional entity.

        Article 48 prescribes that property obtained by breaching law will be confiscated, and article 49 prescribes that breaches of the law will be a subject of inquiry of the state attorney.

        Scoring Criteria

        A YES score is earned where: 1) the law clearly defines violations of political finance laws, and 2) there are clearly defined sanctions for specific violations.

        A MODERATE score is earned where violations are clearly defined but sanctions for specific violations are not.

        A NO score is earned where no such law exists.

        Sources

        Law on Financing Political Activities and Electoral Promotion, NN 24/11, 61/11, 27/13, 02/14, Articles 40-49 http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

      • expand button!
        48
        Score
        NO
        In law, the oversight authority has the power to impose sanctions.More about indicator

        Law on Financing Political Activities and Electoral Promotion prescribes financial fines and administrative sanctions to political parties and individual representatives who fail to comply with the Law. However, public body that oversees elections is the State Committee for Elections that has no power to impose sanctions. This body oversees elections and then prosecution is conducted based on the law, but the prosecution is conducted by the state attorney (article 49) while State Electoral Committee, according to the law, "gives instructions on how to apply regulations of this Law" (article 50).

        As per Law on Financing Political Activities and Electoral Promotion, the SEC is independently making decisions on what to report to the State Attorney (article 49), and there is no need for external approval. When the SEC discovers a problem, they will act based on the law and write a report to the state attorney warning about the violation of the law, and suggesting investigation and prosecution based on regulations.

        Scoring Criteria

        A YES score is earned where: 1) the oversight authority has the power to impose sanctions, and 2) it can directly prosecute violators before the courts or is independent to send cases to public prosecution.

        A MODERATE score is earned where the oversight authority has the power to impose sanctions, but it can't directly prosecute violators before the courts or is not independent to send cases to public prosecution.

        A NO score is earned where no such law exists.

        Sources

        Law on Financing Political Activities and Electoral Promotion, NN 24/11, 61/11, 27/13, 02/14, Articles 49 and 50 Available at: http://www.zakon.hr/z/443/zakon-o-financiranju-politi?kih-aktivnosti-i-izborne-promidžbe

      • expand button!
        49
        Score
        75
        In practice, to what extent do offenders comply with sanctions imposed?More about indicator

        It is not known that someone failed to pay prescribed fine. Nonetheless, media reported on delays in submitting financial reports when these occurred, but no media reported on failure to pay the fine. The State Electoral Committee responded for this research stating they are not authorized to check whether offenders comply and pay their fees that are sentenced for sanctions imposed based on reports and filing of cases by the State Electoral Committee.

        Political parties contacted for this research (Social Democratic Party, Croatian People's Party and Croatian Democratic Union) ignored all attempts to establish a contact and kind invitations for collaboration, and therefore it was not possible to check with hard copy evidence whether parties comply with sanctions when they are imposed.

        The Social Democratic Party (SDP) has been late with submitting financial reports on time in 2013 and 2014, and for that it has been fined. They are repeated offenders in this sense. In the first instance, SDP was late with submitting report on time in 2013 and for that it was fined with 5 million of HRK (currently 876 270 USD) that was deducted from their annual financing based on administrative sanctions prescribed by the Law on Financing Political Activities and Electoral Promotion. In 2014, media and local councils reported on HRK 610.000 (currently USD 105,888,07) fine for SDP for submitting their report after legal deadline has passed. Expenses in financial report for 2013 do not enlist a fine, but it is visible that SDP had a significant minus in their finances in comparison to 2012, which can mean that they paid the fine on time and ended up in large minus because of it.

        However, these delays refer to general financial reports, and not on reports on financing electoral campaigns.

        During last presidential elections, there has been no problems in terms of reporting finances because all candidates submitted temporary reports on financing electoral promotion 7 days before the first round of presidential elections, and then again 15 days after the first round of presidential elections (complete reports). Two candidates that entered second round of presidential elections also submitted their additional financial reports on time (7 days before the second round).

        Scoring Criteria

        A 100 score is earned where: 1) offenders comply with the sanctions imposed without exception, and 2) they are not repeat offenders.

        A 50 score is earned where: 1) offenders usually comply with the sanctions imposed but exceptions exist, or 2) most are not repeat offenders but some exceptions exist.

        A 0 score is earned where: 1) offenders rarely comply with the sanctions imposed, or 2) most are repeat offenders.

        Sources

        An Email Interview with Responsible Person from the State Electoral Committee. 20 August 2014.

        Media articles:

        Glas Slavonije (no author). SDP ppet zakasnio predati financijsko izvješ?e. 16 March 2014. Available at: http://www.glas-slavonije.hr/229364/1/SDP-opet-zakasnio-predati-financijsko-izvjesce (Accessed 11 August 2014)

        Lider Press (no author). SDP ?e zbog kašnjenja s izvješ?em DIP-u platiti 610.000 kuna kazne. 13 May 2014. Available at: http://liderpress.hr/biznis-i-politika/hrvatska/sdp-ce-zbog-kasnjenja-s-izvjescem-dip-u-platiti-610000-kuna-kazne/ (Accessed 11 August 2014)

        Jutarnji list (no author; report based on HINA - official news agency). 15 March 2014. SDP nije na vrijeme predao financijski izvještaj. http://www.jutarnji.hr/sdp-ove-godine-kasnio-s-financijskim-izvjestajem-dip-u/1173913/ (Accessed 11 August 2014)

        Jutarnji list (no author). SDP opet kasni: Tek tre?ina stranaka dostavila financijske izvještaje. 10 May 2014. Available at: http://www.jutarnji.hr/sdp-opet-zakasnio-tek-trecina-politickih-stranaka-dostavila-financijske-izvjestaje-za-2013-/1190290/ (Accessed 11 August 2014)

        Jutarnji list (no author; report from HINA). SDP opet zakasnio, mora platiti 610.000 kuna. Grbin: Kaznu nismo odredili mi, nego zakon. 13 May 2014. Available at: http://www.jutarnji.hr/sdp-mora-platiti-610-000-kuna--kaznu-nismo-odredili-mi--nego-zakon-/1191041/ (Accessed 11 August 2014)

        Other sources:

        Town of Pula (official website, no author). SDP-u zbog kašnjenja s izvješ?em kazna od 610.000 kuna. Available at: http://www.gradpula.com/vijesti/sdp-u-zbog-kasnjenja-s-izvjescem-kazna-od-610-000-kuna/ (Accessed 11 August 2014)

        GONG - Final Report on Elections for the President of the Republic 2009/2010. Available at: http://gong.hr/media/uploads/dokumenti/GONGizvjetajpredizborifinal.pdf (Accessed 11 August 2014)

        GONG - Final Report on Elections for Members of Representative Bodies of Local and Regional Entities and for Mayors, County Heads and Mayor of Zagreb. May 2013. Available at: gong.hr/media/uploads/izborniizvještaj13lokfinal_nacrt.doc (Accessed 11 August 2014)

        Social Democratic Party. Financial Report for 2013. Available at: http://www.sdp.hr/wp/wp-content/uploads/financije/financijskoizvjesce2012.pdf (Accessed 11 August 2014)

        Social Democratic Party. Financial Report for 2012. Available at: http://www.sdp.hr/wp/wp-content/uploads/financije/financijskoizvjesce2012.pdf (Accessed 11 August 2014)

      • expand button!
        50
        Score
        --
        Open Question: How strong is enforcement, and what impedes more effective enforcement?More about indicator

        As described throughout indicators, Croatia extensively regulates transparency of its political/electoral process. When it comes to the legal system surrounding political financing, the problems do not seem to be in legal framework that indeed regulates transparency of political processes in Croatia; however, there are certain issues with implementation. Major problem seems to also come from the lack of trust in politicians in Croatia and the fact Croatia generally has a problem with unbalanced relations between theory and practice that contributes to the lack of trust in politics in Croatia. This is visible in all researches regarding trust in politics in Croatia, and it is visible in the national media and pollsters. The latest example of this is the Eurobarometer research that showed 81 per cent of respondents do not believe in the national Parliament.

        In words of Dr Bejakovi?: "I believe the problem is not in legal framework as such, but - as usual - in implementation of laws because Croatia has a major gap in implementation and, therefore, focus of attention should be given to adequate implementation of all laws". This view is confirmed in recommendations from two civil society organizations that work in the field. Transparency International Croatia stated that rules on behaviour towards financing politics are not clear enough. This particularly applies to “hidden financing and advertising, lack of limiting amount of donations from individual and legal persons during campaigns, but also to real sources of financing during years. Besides that, the manner of financing parliamentary political parties is unfair because it depends on the number of elected representatives and very complex models of calculating amounts interconnected with other economic indicators in the state.” In that sense, Transparency International Croatia proposed foundation of Register of politicians, which should increase transparency on politics because it could “collect all information on professional and political career before, during and after political mandate in a simple way.”

        GONG, on the other hand, believes that it is necessary to regulate financing of referendum campaigns that are not regulated at present. After this major issue, GONG identifies several problems. Firstly, process of control of campaigns is not sufficiently improved with new laws because there is still an open question of sanctioning and reacting to violations of the law from the side of the State Electoral Committee. The State Attorney Office should also regularly report on results of procedures that were opened against political parties and individuals that participate in electoral processes.

        GONG also believes that a database is necessary to enable checking credibility of financial reports from political parties because lack of transparency in financing politics and electoral campaigns contributed towards political corruption and the lack of trust in politics widely presented among Croatian citizens. GONG, furthermore, states that even though new law is an improvement, it should have obliged media companies to publish amounts they received from political parties and individual candidates for advertising and discounts they gave to certain parties/candidates, and the lack of this regulative proved problematic for conducting independent monitoring of political transparency during parliamentary elections from 2011 when GONG and Transparency International Croatia warned about this issue. Implementation of this regulative would, according to GONG, “close corruptive risks”.

        GONG also specifies that to increase transparency furthermore and make “information about donations and donators available as well as to eventually discover corruptive actions that come as a consequence of connections between donators and certain decisions of those who are in power, it is necessary to establish a central place (an unique website) for permanent publication and continuous availability of reports on donations and expenses of electoral promotion, reports on donations received during the year and financial reports (…) By creating a central place for all information, there would be an easier outreach of public towards all information from all political actors, which is the purpose of public publications.” An optimal solution could also be “establishment of official online application in which candidates and parties could directly insert their financial reports in digital form, which would enable automatic processing and using of information from financial reports.”

        The State Electoral Committee should be obliged to annually “publish and report to the Parliament on monitoring of finances of political parties and individual politicians.”

        Media prices for advertising should be regulated in a way that media must report in a standardized form about their prices and discounts to allow comparability of parties and individual politicians report.

        When it comes to final reports of political parties and individual candidates, there should be a detailed report that would “particularly contain amounts and a type of expense for advertising. For the example, reports should contain special clause with expenses for advertising and sub-clauses such as:

        • expenses of advertising in TV, radio, print media and Internet while, at the same time, outlining duration in hours, minutes, and seconds per type as well as the name of media organization, or number of appearances,
        • expenses of external advertising – billboards, city lights, posters, and other ways of external advertising through quantity of renting, duration and prices.”

        Finally, when it comes to reporting, GONG suggests that law should regulate that “all expenses and donations for electoral promotion (that occurred even before the electoral campaign begun) must be paid from the special campaign account, and not from regular accounts.

        Scoring Criteria

        Please provide a general explanation of the effectiveness of enforcement, describing: 1) any conditions that may prevent effective enforcement, and 2) explain what are the most urgent areas of reform in the country's political finance system.

        Sources

        An Email Interview with Dr Predrag Bejakovi?, Institute for Public Finances, Zagreb, Croatia. 14 August 2014.

        An Email Interview with Mr Dragan Zeli?, Executive Director of NGO GONG. 29 August 2014.

        An Email Interview with Ms Davorka Budimir, Msc; President of Transparency International Croatia. 4 September 2014.

        Monitor.hr (no author). Najve?e povjerenje u prijatelje i znanost, najmanje u politi?are. 10 September 2012. Available at: http://www.monitor.hr/clanci/najvece-povjerenje-u-prijatelje-i-znanost-najmanje-u-politicare/161389/ (Accessed 22 August 2014)

        Eurobarometer 81. Available from: http://ec.europa.eu/publicopinion/archives/eb/eb81/eb81facthren.pdf (Accessed 22 August 2014)

Croatia has a unicameral parliament with a directly elected head of state. The President of Croatia is elected at direct elections, and to become a president candidate must win majority of votes from voters who voted (system of the absolute majority). If no candidate won absolute majority, then elections are repeated in 14 days. In the second round, only 2 candidates who won majority of votes in the first round can compete for the position.

Croatian electoral system faced many changed from 1990 onwards, and as of 1999 Croatia has proportional electoral system for parliamentary elections with 10 proportional electoral entities (with 2 entities in special status), each with 14 mandates in Croatian Parliament. One voter has one vote, and votes are being calculated to mandates using D'Hondt procedure.

Campaigns are funded by Government and through donations and funds parties have at their disposal through various activities. Government is granting funding to all parties and independent representatives/candidates providing they meet minimal threshold for entering the Parliament. All funding that parties/independent candidates receive must be fully reported and made publicly available.

The most recent elections in Croatia were: May 2014 - European elections May 2013 - Local elections April 2013 - European elections December 2011 - parliamentary elections December 2009 - Presidential elections