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Our approach as a donor toward support of legal framework for NGOs

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

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Our approach as a donor toward support of legal framework for NGOs

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

  2. 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

  3. 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

  4. 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)

  5. 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

  6. 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

  7. Activities • Analyses – Legislation and practice • National conference • International seminar • Local roundtables in 8 dictricts • Resource center and moderated discussion www.publicbenefit.sk

  8. 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

  9. 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

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

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