1. A N O VERVIEW : R EGULATING M ONEY AND P OLITICS R EGIONAL C ONFERENCE ON M ONEY IN P OLITICS T BILISI 18-19 F EBRUARY 2016 Lisa Klein, Political Finance Specialist

2. International Standards: Oversight CoE Recommendation 2003(4): Independent monitoring Specialised personnel Effective, proportionate and dissuasive sanctions. OSCE/ODIHR – Venice Commission Guidelines (2010) Neutral, independent, impartial and non-discriminatory Clarity about appointment process, powers, sanctions Avoid excessive control, aware of political pluralism

3. Types of enforcement bodies Type of body receiving financial reports Globally Europe Election management body49%34% Ministry17%23% Auditing agency12%32% Special institution9%14% Court8%7% Other20%41% Data from the International IDEA political finance database

4. Recent Regional Changes Georgia: EMB Audit Agency Serbia: EMB Moldova: Estonia: Parliamentary Cttee Anti-Corruption Agency EMB Special Institution Anti-Corruption Agency Montenegro: EMB

5. Oversight Body - Key Characteristics

6. Political Finance Oversight Body Robust legislative framework

7. Independence Political Finance Oversight Body

8. Operational Framework Political Finance Oversight Body

9. Political Will Political Finance Oversight Body

10. Robust Legislative Framework Independence Operational Framework Political Will Political Finance Oversight Body

11. GAPS IN KNOWLEDGE OR DATABASE Full mandate of oversight bodies Scope of legal powers Operational Frameworks

12. Abuse of State Resources Definition of Abuse of State Resources: The misuse of state resources by incumbent candidates, parties or officials for their own political or electoral advantage.

13. Legal ban on state resources used in favour of party Ban does not exist Ban exists Data not available The map does not imply the expression of any opinion whatsoever on the part of IFES or IDEA concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its borders. Map developed by Magnus Ohman.

14. Types of State resources

15. Impact of Abuse of State Resources Abuse of State Resources can impact negatively upon: Confidence in political process Equality of opportunity Fairness/perception of fairness Effective public administration

16. What can be done?

17. Montenegro GRECO recommendation: Introduce clear rules & guidance concerning the use of public resources for party activity & election campaigns. New law enacted with effect from January 2015 – Prohibitions – Web-based publication – Reporting – Sanctions Green Shoots?????