Nilda Bullain European Center for Not-for-Profit Law (ECNL) Regional Differences, Issues, Challenges in CSO Law How to tackle these? Nilda Bullain European Center for Not-for-Profit Law (ECNL)
DANGER! “Easily replicable solution available to be applied as a panacea for long-lasting problem.” “Our tax designation scheme will help develop your philanthropic culture!”
Factors to consider Context / transition stage Level of development of third sector / civil society Needs / priorities Policy driver / political will Local ownership / local capacity for law reform
“We would like to have a charity commission.” Context “We would like to have a charity commission.” Cultivation period: 200 years
Civil society Capacity (e.g., social contracting) Values and ethics (e.g., governance) Credibility (e.g., philanthropy)
Needs WHY LEGISLATE? E.g., representation or participation? E.g., lack of resources / of access to resources / of capacity to access them?
Policy drivers Public financing Public benefit status Volunteering Social services, absorption capacity, transparency, building clientele? Public benefit status To increase private funding or public funding? Volunteering Black labor, tax hurdles, social support structure?
Local capacity for reform Investment in capacity building before “direct spending” for results
Process assessment of needs/priorities generating interest – keeping momentum multi-stakeholder working group broader participation regional exposures TA & comparative expertise Law reform
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