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Greco Eval III Rep 2008 6E Final Norway PF Public DIRECTORATE GENERAL OF HUMAN RIGHTS AND LEGAL AFFAIRS DIRECTORATE OF MONITORING Strasbourg, 19 February 2009 Public Greco Eval III Rep (2008) 6E Theme II Third Evaluation Round Evaluation Report on Norway on Transparency of party funding (Theme II) Adopted by GRECO at its 41 st Plenary Meeting (Strasbourg, 16-19 February 2009) Secrétariat du GRECO GRECO Secretariat www.coe.int/greco Conseil de l’Europe Council of Europe F-67075 Strasbourg Cedex +33 3 88 41 20 00 Fax +33 3 88 41 39 55 I. INTRODUCTION 1. Norway joined GRECO in 2001. GRECO adopted the First Round Evaluation Report (Greco Eval I Rep (2002) 3E) in respect of Norway at its 10 th Plenary Meeting (12 July 2002) and the Second Round Evaluation Report (Greco Eval II Rep (2004) 3E) at its 20 th Plenary Meeting (30 September 2004). The aforementioned Evaluation Reports, as well as their corresponding Compliance Reports, are available on GRECO’s homepage ( http://www.coe.int/greco ). 2. GRECO’s current Third Evaluation Round (launched on 1 January 2007) deals with the following themes: - Theme I – Incriminations: Articles 1a and 1b, 2-12, 15-17, 19 paragraph 1 of the Criminal Law Convention on Corruption (ETS 173) 1, Articles 1-6 of its Additional Protocol 2 (ETS 191) and Guiding Principle 2 (criminalisation of corruption). - Theme II – Transparency of party funding: Articles 8, 11, 12, 13b, 14 and 16 of Recommendation Rec(2003)4 on Common Rules against Corruption in the Funding of Political Parties and Electoral Campaigns, and - more generally - Guiding Principle 15 (financing of political parties and election campaigns). 3. The GRECO Evaluation Team for Theme II (hereafter referred to as the “GET”), which carried out an on-site visit to Norway from 12 to 14 November 2008, was composed of Ms Thomasenia DUNCAN, General Counsel, Federal Election Commission (USA), Ms Laura STEFAN, Anti- Corruption Co-ordinator, Romanian Academic Society (Romania) and Mr Pall THORHALLSSON, Legal Adviser, Prime Minister's Office (Iceland). The GET was supported by Ms Tania VAN DIJK from GRECO’s Secretariat. Prior to the visit the GET was provided with a comprehensive reply to the Evaluation questionnaire (document Greco Eval III (2008) 5E, Theme II) as well as copies of relevant legislation. 4. The GET met with officials from the following governmental organisations: the Ministry of Government Administration and Reform, the Ministry of Local Government and Regional Development, the Ministry of Finance, Statistics Norway and the Auditor General of Norway. The GET also met with a representative of the Political Parties Act Committee. In addition, the GET met with all political parties represented in the Storting [Parliament] – the Norwegian Labour Party ( Det norske Arbeiderparti ), Progress Party ( Fremskrittspartiet ), Conservative Party (Høyre ), Socialist Left Party ( Sosialistisk Venstreparti ), Christian Democratic Party (Kristelig Folkeparti), Centre Party ( Senterpartiet ) and Liberal Party ( Venstre ) – as well as two political parties without a seat in the Storting [Parliament] – Red ( Rødt , the former Rød Valgallianse ) and the Coast Party (Kystpartiet ). Moreover, the GET met with auditors and representatives of the Norwegian chapter of Transparency International, the Confederation of Trade Unions (LO), the Confederation of Norwegian Business and Industry (NHO) and the media. 5. The present report on Theme II of GRECO’s Third Evaluation Round on Transparency of party funding was prepared on the basis of the replies to the questionnaire and the information provided during the on-site visit. The main objective of the report is to evaluate the measures adopted by the Norwegian authorities in order to comply with the requirements deriving from the provisions indicated in paragraph 2. The report contains a description of the situation, followed by 1 Norway ratified the Criminal Law Convention on Corruption (ETS 173) on 2 March 2004. The Convention entered into force in respect of Norway on 1 July 2004. 2 Norway ratified the Additional Protocol to the Criminal Law Convention (ETS 191) on 2 March 2004. It entered into force in respect of Norway on 1 February 2005. 2 a critical analysis. The conclusions include a list of recommendations adopted by GRECO and addressed to Norway in order to improve its level of compliance with the provisions under consideration. 6. The report on Theme I – Incriminations, is set out in Greco Eval III Rep (2008) 6E-Theme I. II. TRANSPARENCY OF PARTY FUNDING – GENERAL PART Definitions 7. In Norway, political parties have played a central role in the democratic system since the emergence of parliamentarism in the mid-1880s. Political parties are briefly mentioned in the Constitution: “The election of representatives of constituencies is based on proportional representation and the seats are distributed among political parties in accordance with the following rules”. However, the Norwegian authorities indicate that, due to the principle of freedom of association, there is no legal definition of political parties, either in the Political Parties Act (hereafter: PPA) or anywhere else. Simply put, political parties are legal entities 3 registered, in accordance with Chapter two of the PPA, in the Register of Political Parties. It should be emphasised though that, despite the implication to the contrary in the Constitution, participation in elections is not the exclusive competence of registered political parties: unregistered groups may also participate in elections to the Storting [Parliament], county councils and municipal councils. It has however been 20 years since an unregistered group won a seat in the Storting . In the most recent elections for the Storting in 2005 three unregistered groups participated (in addition to 18 registered political parties): however, none of these three groups won any seats. In county and municipal elections it is less rare for unregistered groups to win seats in the respective councils. 4 Registration 8. Political parties acquire legal personality following their registration in the Central Co-ordinating Register for Legal Entities, where they are allocated their own organisation number. From the moment of registration in the Central Co-ordinating Register for Legal Entities, the political party bears rights and obligations independently from its statutory bodies and members. The requirement to register the party in the Central Co-ordinating Register applies to the party’s main (parent) organisation; subordinated bodies of a party (party organisational structures/units at county or municipal level, including youth organisations) may however also be registered in the Central Co-ordinating Register for Legal Entities, thus acquiring legal personality separately from the main party structure. The Norwegian authorities indicate that many youth organisations at national level and party units at county level are registered separately in the Central Co- ordinating Register for Legal Entities. 9. A political party wishing to participate in the elections under a particular name may apply to register the party’s name in the Register of Political Parties at the Brønnøysund Register Centre. Registration in the Central Co-ordinating Register for Legal Entities is a pre-condition to registration in the Register of Political Parties: Only once a party has been registered in the 3 It should be noted that political parties are free to choose their organisational structure. The Norwegian authorities report that 21 of the 22 parties in the Register of Political Parties are registered as ‘associations’. Only one party is organised as ‘another legal person’. 4 In the most recent municipal elections, in September 2007, unregistered groups received 51,539 votes (approximately 2,3%) out of a total of 2,226,834 votes and won 392 seats in the municipal councils (approximately 3,6%) out of a total of 10946 seats up for election in all the municipal councils in Norway. 3 Central Co-ordinating Register for Legal Entities can it apply to have its name registered in the Register of Political Parties. Pursuant to Section 2 PPA, registration in the Register of Political Parties gives the party the exclusive right to field candidates for election under the registered name. As already indicated above, it is however also possible to participate in elections without having been registered in the Register of Political Parties and the Central Co-ordinating Register for Legal Entities. These lists of candidates (or unregistered groups) may also use the term ‘party’ in their name on their list of candidates, without being registered in the Register of Political Parties as such. 10. Pursuant to Section 3 PPA, in order to be added to this Register there must be no risK of confusion of the name of the party with that of another party in the Register of Political Parties or a Sámi political entity registered with the Sámi Parliament. 5 Furthermore, an application to register the party’s name in the Register of Political Parties must, pursuant to Section 3 PPA, include: - the party’s founding document; - information on the persons who have been elected to the party executive bodies and the persons who are authorised to act as the official representatives of the party in cases pursuant to the PPA; - the statutes, stipulating which body of the party elects the party’s executive bodies; - the declarations of at least 5,000 persons (containing signatures, dates of signature and names, dates of birth and addresses of the persons in question) eligible to vote in a general election, indicating that they want the party’s name to be registered. 6 The application is to be registered with the registration authority by 2 January of the election year if the registration is to have any effect in the election in question (Section 3, paragraph 3 PPA). Only where special grounds exist, can the registration authority refuse to register the name of a political party (Section 3, paragraph 1 PPA). 11. The name of the party, its organisation number, address, information (i.e.
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