Our approach as a donor toward support of legal framework for NGOs Zuzana Konradova, Open Society Foundation Bratislava

Legal framework and OSFBA  Priority to support favorable environment for NGOs  New uncovered area of civil law  1992 – 1997 – building civil society in Slovakia and basic legal framework for NGOs  Act on foundations, nonprofit organizations, non- investment funds, nonprofit organization providing PB services

Role of OSFBA Provision of:  international assistance, E-E projects  Expert support  place for discussion  education for NGOs about legal forms and their purposes  grants to implement ideas

2% tax assignation mechanism  Challenge for nonprofit sector in Slovakia  Expectations and doubts  OSFBA encouraged the idea and continuously supports “2% for better life”  Beginning – education of NGOs and public  Currently – advocacy to sustain it  Systematic vs. fragile element in financing NGOs (1 billion SKK)

Codex of nonprofit legislation  2003 – ambition to reform the legislation for NGOs  Unification of all acts related to NGOs under one codex  Condition to engage the NOGs in process of commenting  Huge discussion – refusal of NGOs (government – controversial)  Premature attempt

Public Benefit Discussion  Need to solve a question of PB – follow up of codex  Seeking criteria for distinction  Financial sources – direct or indirect  Lack of in-sector discussion  Testing our bottom-up approach – from NGOs opinions to new law

Activities  Analyses – Legislation and practice  National conference  International seminar  Local roundtables in 8 dictricts  Resource center and moderated discussion

Conclusions of PB project  Definition of PB not a goal  Recommendations: - the right for PB service - in the constitutional law - mechanism of 2% tax assignation – connected to PB definition  Positive opinion about PB status

Revision and further development of legal framework  Legal analyses of current status  Compliance with EU  Building of legal doctrine of nonprofit sector and strategic litigation  Expert commenting of government proposals  Advocacy

Role and approach  Conveyor, pioneer in supporting pilot initiatives  Advisor, facilitator and implementator  Grant-maker  Our approach – openness, flexibility (discretionary fund)