Pirate party president Sven Clement wants an investigation into why a publication published a party advert without the party requesting it Patricia Pitsch/Maison Moderne

Pirate party president Sven Clement wants an investigation into why a publication published a party advert without the party requesting it Patricia Pitsch/Maison Moderne

The court found issues with the party’s campaign financing, in relation to a donation from Daniel Frères and a free advert.

Clement responded that “the recipient of an illegal donation is not responsible if it is not solicited.”

The case was referred to the public prosecutor’s office on Monday by members of the Committee on Institutions and Constitutional Review. The Pirate party is reported to have benefited from the advert in a publication of Boulevardpresse, the tabloid publisher owned by Jean Nicolas, without issuing an invoice during the 2018 parliamentary elections.

Its president was among those who voted in favour of referring the matter to the public prosecutor’s office, but Clement stressed the need to consider intent.

He said: “The party did not solicit this advert, which the publisher confirms. We therefore want an investigation.”

Donation in kind

Another issued raised by the court but which has not been referred to the public prosecutor’s office, relates to an in kind donation of €30,772.85 which 2018 election candidate Daniel Frères is said to have made. Frères reportedly paid the invoices relating to his campaign out of his own pocket, without claiming reimbursement. The expenses appear in the party accounts as a donation. However, the court said the party should have reimbursed him before he could make a proper donation.

The court said this should not be considered a donation in kind to the party’s revenue. If removed from the list of donations, however, it increases the proportion of party campaign costs covered by the State to 86%, well above the 75% threshold. It means that that party would be obliged to reimburse part of the State campaign subsidy to the tune of €16,000, according to our sister publication Paperjam writing on Tuesday.

Clement said that the party has submitted a legal opinion in relation to the court’s interpretation.

“In our opinion, this donation is in accordance with the law on donations from natural persons and can therefore be entered as revenue.” This latter issue will be decided by the minister of state.