1. Overview of the Legal Framework for the cooperation of CSOs and public authorities Casablanca, 4-5 September 2013 Workshop on the Models to Promote Cooperation between Civil Society and Government
Eszter Hartay
Copyright © 2013 by ECNL

2. Issues to discuss Policy framework for cooperation
Institutional mechanisms for cooperation
Government funding of CSOs
Participation in policy-making
Copyright © 2013 by ECNL

3. Policy framework for cooperation
Copyright © 2013 by ECNL

4. What is PDC? Regulate state-CSO cooperation State of partnership
Values, principles
Undertakings
State of partnership
Directions to further cooperation
Part of larger framework
Copyright © 2013 by ECNL

5. Why are they adopted? Open, collaborative and transparent governance;
Recognize value of CSO;
Framework to partnership;
Common approaches;
Support development and participation;
Give direction and improve partnerships;
Most effectively address needs.
Copyright © 2013 by ECNL

6. Types of PDC
UNILATERAL NATIONAL (Government/ Parliament/ Ministries) WHOLE SECTOR
BILATERAL LOCAL GROUP/TOPIC

7. Who adopts/ratifies them?
Parliament
Estonia, Moldova
Government
Croatia, England, Hungary, Macedonia, Montenegro, Sweden, Bulgaria
Ministries
Denmark, England, Hungary
Municipality
London, Budapest, Sisak
Copyright © 2013 by ECNL

8. Bilateral signed by both
Who signs/approves the PDC on behalf of the civil sector?
Umbrella Organization
Steering Group/ NGO Roundtable
The representatives of NGOs separately
Copyright © 2013 by ECNL

9. What PDCs cover? Principles Areas of support Implementation
Legal framework
Funding
Participation in policy making
Service delivery….
Implementation
Responsibilities
Action Plan
Monitoring, reviewing, adjusting
Copyright © 2013 by ECNL

10. IMPLEMENTATION ISSUES
The process
IMPLEMENTATION ISSUES
Initiate
Consult
Analyze, concept,
draft, discuss
Adopt/sign
Implement
Monitor
Evaluate
Revise
Copyright © 2013 by ECNL

11. Institutional mechanisms for cooperation
NGO Day 2011 co-organized by the Office for Cooperation with NGOs in Pula
Copyright © 2013 by ECNL

12. But don’t centralize the cooperation!
Why do we need them?
Permanent platforms;
Consolidate cooperation;
Provide strategic direction;
Coordinate the work.
But don’t centralize the cooperation!
Copyright © 2013 by ECNL

13. Mechanisms Government offices/units for cooperation;
Contact persons/department for CSOs at ministerial level;
Contact person/commission in the parliament;
Councils for civil society development;      
Other cross-sectoral advisory bodies focusing on specific areas or issues;
Civil society funds/foundations;
Etc.
Copyright © 2013 by ECNL

14. Government office/unit for cooperation
Initiate the adoption of law/ regulation/PDC and monitor implementation;
Prepare government strategies and monitor implementation;
Capacity building;
Dialogue with CSOs and public authorities;
Administer and assess state funding of CSOs;
Logistical and other support to councils.
Copyright © 2013 by ECNL

15. Offices/Units in Europe
Copyright © 2013 by ECNL

16. Copyright © 2013 by ECNL

17. Contact persons or department for CSOs at ministerial level
Instrumental in implementing PDCs
Represent civil society interest and issues in the Ministry
May create formal/informal network
Examples: Macedonia, Bosnia and Herzegovina
Copyright © 2013 by ECNL

18. Cross sectoral advisory bodies
Consultative, proposer and opinionating bodies on
civil society development
specific field
May consist of: CSOs/ Parliament/ Government/ Ministries/ political parties/ business sector/ churches, academics, trade union, minorities etc.
Role:
Monitor public policies;
Influence legislative agenda and provide inputs to draft law;
Encourage cooperation.
Copyright © 2013 by ECNL
© ECNL, 2011

19. Councils in Europe
Copyright © 2013 by ECNL

20. Cooperation in Parliament
Copyright © 2013 by ECNL

21. Forms of cooperation in Parliament
Civil Office (earlier in Hungary)
Contact person (Kosovo)
Civil Society Support Group (Estonia)
Committees with civil society representative (Macedonia).
Copyright © 2013 by ECNL

22. Participation in policy-making
Copyright © 2013 by ECNL

23. What does participation means?
Integral part of participatory democracy
Possibility to influence the development of policies and laws
Guaranteed right or expectation?
Copyright © 2013 by ECNL

24. What are the benefits? Fair policies/laws
Additional experience and expertise
Consensus
Forward and outward looking solutions
Legitimacy of proposed regulation and compliance
Cost-efficiency
Increasing partnership, ownership and responsibility in implementation
Preventing conflict among stakeholders
Confidence in public institutions
Copyright © 2013 by ECNL

25. Role of CSOs Build bridge; Grass root; Advocate for general interest;
Expertise and additional resources;
Skills in facilitation and mediation;
New insight and creativity;
Raise awareness of the process;
Facilitate participation;
Report on the outcomes.
Copyright © 2013 by ECNL

26. Types of participation
images.google.com
Copyright © 2013 by ECNL

27. Participation stages Implementation Adoption Evaluation Initiative
Monitoring
Analysis
Drafting laws
Adoption
Evaluation
Changes
Participation stages

28. Legal framework Legally binding documents (laws, regulations)
Constitution
Laws
access to information
regulating the legislation process
participation in legislation
local self-government
Government/Ministry/Local government decree
Documents with no binding measure (codes, standards)
Code of practice on consultation
Copyright © 2013 by ECNL

29. Government funding of CSOs
Copyright © 2013 by ECNL

30. Why is it needed? Invest in CSOs to ensure people engagement;
Create partners who are capable of delivering efficient and cost effective services;
Match other funding to better address needs.
Copyright © 2013 by ECNL

31. Forms of funding Financial support In-kind support
DIRECT
Financial support
Grant
Contract
In-kind support
Goods
Services
Usage of public property
Ministries, funds, local governments
INDIRECT
Corporate income tax benefit/exemption
Value added tax benefit/exemption
Gift & inheritance tax
Percentage mechanism
Etc.
Copyright © 2013 by ECNL

32. Civil society funds Part of strategy for improving civil society;
Established under public law OR mixed feature;
Institutional grants vs project-based grants;
Core funding from state budget;
Bodies:
Strategic decision-making body,
Executive body/director,
Bureau/staff,
Permanent/ temporary evaluating bodies
Copyright © 2013 by ECNL

33. Civil society funds in Europe
Copyright © 2013 by ECNL

34. Keys to success Develop the fund in participatory process;
Clear strategy;
Independence and CSO representation;
Sufficient and stable income.
Copyright © 2013 by ECNL

35. Thank you! eszter@ecnl.org.hu www.ecnl.org
Copyright © 2013 by ECNL