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Handbook : How to Use EU Law to Protect Civil Space

May 1, 2020

This handbook provides practical guidance for Civil Society Organisations (CSOs) to advocate and litigate using EU law to protect their rights and civic space in the EU.It aims to be a user-friendly guide for CSOs who want to know::What EU law is and how it affects individuals and organisations;When and how CSOs can challenge national provisions or measures that impact their mission, activities and operations on the basis of EU law, including the EU Charter of Fundamental Rights (CFR);Which legal avenues and resources are available for CSOs to defend their civic space within the EU law frameworkA list of resources as well as practical tools can be found in the last part the document.

Understanding the Drivers of ‘De-risking’ and the Impact on Civil Society Organizations

March 30, 2018

Non-profit organizations (NPOs) around the world are impacted by issues of financial access – inordinate delays in cash transfers, onerous due-diligence requirements, inability to open bank accounts and arbitrary closure of bank accounts – collectively classed as 'de-risking' activities by financial institutions. This study examines the drivers of this de-risking, situating it at the intersection of frameworks for security and regulation. It looks at how global regulations on money laundering and terrorism financing, for instance, permeate policymaking, influencing institutions (perversely, at times) and negatively impacting humanitarian and development work. By delving into the practices and perspectives of relevant stakeholders –  NPOs, financial institutions, governments, regulators and international organizations – the study unpicks the mechanisms of governance and accountability involved in and through the chain of decision-making, underscoring the policy incoherence that is manifest along the way. The three country contexts chosen for the research – Brazil, Mexico and Ireland – help amplify the complexity of the issue and the potential search for solutions. Ongoing remedial measures addressing the financial exclusion of NPOs are highlighted and potential remedies that could challenge the current practice of de-risking are explored in detail.

The Regulatory Framework for Fundraising in Europe

November 1, 2017

This study compares the legal framework for fundraising in 16 European countries.The research focuses on the regulation of fundraising by CSOs, defined as soliciting voluntary philanthropic contributions from individuals, corporations and grant-making organizations.It examines options for both statutory regulation and self-regulation.It draws upon international legal instruments, country laws and regulations, articles and studies, and maps out a broad spectrum of issues affecting fundraising, from reporting requirements to penalties to restrictions on cross-border donations.It features case studies on Slovakia, the United Kingdom, and Spain, which provide concrete insights on the regulation of fundraising in countries from different regions and with different legal system and philanthropic cultures.The report covers 16 countries from all regions of Europe; 21 international and regional documents; 65 laws and regulations; 101 secondary resources; 30 links and websites; 3 case studies.This report is a first step towards further research to assess the impact and implementation of legislation and self-regulation fundraising. A summary is available: http://ecnl.org/publications/regulatory-framework-fundraising-europe/

The Operating Environment for Public-Benefit Foundations in the Western Balkans Region : A Project Supported by the Rockefeller Brothers Fund

November 1, 2014

That study explores the operating environment for public-benefit foundations in the Western Balkans region. Examining the legal and tax framework for foundations in Albania, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, and Serbia, it draws on data provided by local foundation law experts in each of the countries surveyed and presents a comparative analysis.

A Handbook of NGO Governance

January 1, 2004

This handbook is the result of our efforts. It is based on eight basic principles we consider essential to NGO governance around the world. These principles, expressed in the handbook's eight major headings, provide the basis for the guidelines for governance stated in the sub-headings and elaborated in the accompanying texts. The guidelines, and more particularly the sidebars, reflect our belief that efforts to apply the principles of good governance face different challenges in CEE than in the United States or elsewhere. Throughout the handbook we seek to address the specific environment of CEE and offer solutions to the special challenges our NGOs face.