Crowdfunding and political parties financing

Abstract

Crowdfunding is presented as a new private financial resource for parties of political parties by which citizens can participate economically in the structure of these organizations. This paper will set out some legal proposals that seek to adequately incorporate this new resource. First, we will approach the crowdfunding analysis in order to make it easier for the reader to understand this phenomenon. Secondly, it will analyze the current implementation of this tool by political parties at national and international level, pointing out some of the positive and negative aspects that can be derived from the use of this new resource. All this, with the main objective of analyzing the viability of crowdfunding in our current system of financing political parties. This is the main objective that will lead us irremediably to propose the legal reserve that we consider appropriate for this instrument in our legal system. Finally, a constitutional analysis of this new source of private financing will be carried out. Source that we have already advance, today it is prohibited by Article 4.2 (h) of the Law on Financing Political Parties, and this prohibition may entail the unconstitutionality of this precept. 

Summary:
I. An expected regulation. II. ¿What is crowdfunding? III. Uses of crowdfunding in the financing of political parties. Crowdfunding in election campaigns. Crowdfunding in the ordinary financing of political parties.
IV. The risk of crowdfunding in financial political parties. V. Legal Fit. VI. The constitutionality of crowdfunding. Rights present in crowdfunding contributions. Proportionality of the measure. Conclusions.