The Belgian Workers’ Party (PTB) requires activists to pay a portion of their income to the party each month if their salary exceeds a specific level. Some activists donate any income over the reference threshold, which the party sets between 2,200 and 2,400 euros per month depending on family circumstances. While a spokesman for the PTB claims that only executive members of the National Council must donate, activists also commit in writing to make smaller monthly contributions. However, Mathieu Bihet, deputy MR, argues that the party’s retrocession system violates the law, which limits political donations to 500 euros per year per person. The law prohibits companies from financing political parties, and retrocessions, as practiced by PTB proxies and other parties, are not considered donations. The Commission for the Control of Electoral Expenses has called for stricter regulation of party member contributions. In 2020, the PTB faced accusations of passing donations off as contributions, but the experts ruled that the party was following the law. The government has pledged to reform the party financing system. Despite some progress, there is a need for a more independent control body to ensure that political parties comply with regulations.
In the PTB, activists are required to pay part of their salary to the party each month, provided their income reaches a certain level. Some activists donate to the party all that, in their income, exceeds the reference threshold (set by the party at between 2,200 and 2,400 euros net per month, depending on the family situation).
SAccording to Germain Mugemangango, spokesman for the PTB, this “concerns only executives, members of the National Council”. But activists also undertake in writing to donate to the party a smaller part of their monthly income.
Christian Panier, a former judge from Namur, for example assured Free have contributed “500 euros per month” between 2013 and 2015, when he was only an advisory member of the PTB.
”The PTB, which lectures everyone, twists the arm of the law with its retrocession system: a natural person can only ‘give’ €500 per year and per party maximum”pointed out Mathieu Bihet, deputy MR, on social networks, adding that“by qualifying the retrocession of the militant as a contribution, the PTB clearly circumvents the law”.
The young deputy refers to the law of July 4, 1989, which limits and controls election expenses and the financing of political parties.
This law notably prohibits companies from financing political parties. Only natural persons can make donations to political parties. And these are limited to 500 euros per year and per person.
Retrocessions to the party, as practiced by PTB proxies – those of other parties do as well – are not “not considered donations”. The payment of subscriptions by activists and party members is not, however, specifically regulated.
“We are here faced with an ethical problem, tells us Raymond Molle, one of the four expert members of the Commission for the Control of Electoral Expenses. Because there is a legal vacuum on the issue. The law of 89 does not foresee any ceiling for the contributions which come from a member of party. The problem was raised in committee, but it was a shot in the dark. As there is no very clear legislation on the subject, we close our eyes and let the situation continue.
In 2020, the Vlaams Belang had indeed filed a complaint, accusing the PTB of passing donations off as contributions. The Commission for the Control of Electoral Expenses, seized of the problem, had asked its experts (including Raymond Molle) to give an opinion. They felt that the PTB was following the law.
Because the law of 89 establishes a distinction between a donation made by an individual and the contribution paid by the member of a party.
In their report, however, these experts considered that” if the activist retains […] the freedom to finance by amounts left to its discretion the political party […]however, it would be contrary to the philosophy of the law to allow this practice without any restrictions”. They added that “to ensure that contributions from party members are not used to circumvent donation regulations, it would be useful to strengthen the regulations, taking inspiration for example from the funding regime for European political parties (Editor’s note: maximum 18,000 euros per year and per member).”
The Vivaldi, in its government agreement, pledged to continue “the reform of the party financing system.”
Debates take place in the House Constitution Committee.
”At the level of the committees, we feel an awareness, and a desire to move forward. If we review the law of 89, it must be done in depth and allow better controle, concludes Raymond Molle. Our group of current experts constitutes an embryo of a control body, but we do not have a real independent control body. This was also one of the recommendations of Greco (European anti-corruption body) regarding Belgium. We don’t have the ability to do right.”
The financing of political parties has always been a sensitive topic, and the case of the PTB is no exception. The party’s strategy of retrocessions and contributions has sparked debates about the legality and ethics of its practices. While its spokesperson denies that these are mandatory, former members have spoken up about their regular contributions of hundreds of euros. The question remains whether these actions breach the law on election expenses and party financing. The Commission for the Control of Electoral Expenses has found the PTB to be compliant, but experts acknowledge that the legal vacuum surrounding the issue may pose a risk for circumventing regulations. The Vivaldi government has promised to reform the financing system, and debates are ongoing in the House Constitution Committee. Until then, the PTB’s financing practices will likely continue to raise eyebrows and spark discussions about the accountability and transparency of political parties.