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European Center for Not-for-Profit Law (ECNL)

Enabling Legal Framework for Associations European Center for Not-for-Profit Law (ECNL). European Center for Not-for-Profit Law (ECNL). ECNL promotes the strengthening of a supportive legal environment for civil society in Europe. Program Areas Legal Framework for CSOs

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European Center for Not-for-Profit Law (ECNL)

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  1. Enabling Legal Framework for AssociationsEuropean Center for Not-for-Profit Law (ECNL)

  2. European Center for Not-for-Profit Law (ECNL) • ECNL promotes the strengthening of a supportive legal environment for civil society in Europe. • Program Areas • Legal Framework for CSOs • Financial Sustainability of CSOs • Public Participation • EU Enlargement

  3. EIDHR Project of the European Commission • Strengthening the Legal Framework for Citizen Action through Freedom of Association • ECNL = Resource Organization • Support Government, Parliament, Civic Sector • Partnership with Eco-Tiras • Coordination with international organizations • Comparative legal expertise / not advocacy

  4. Issues for Consideration • Definition of “Association” • Formal and Informal Associations • Regulatory Treatment of Members • Regulatory Treatment of Boards • Registration Procedures • Dissolution Procedures

  5. Definition of Association • Membership organization • Non-governmental • Independent, self-governing • Not-for-profit mission • Bound by non-distribution constraint • Permissible purposes: mutual + public benefit • Voluntary • Exclusions: political parties, religious organizations, cooperatives

  6. As Membership Organization • Minimum number of members: 3 • Natural and legal persons • Foreign and domestic persons • Minors

  7. Permissible Purposes • Not-for-profit purpose • Mutual benefit or public benefit • Limitations (conform to ECHR) • National security or public safety • Public order • Protection of public health or morals • Protection of rights and freedoms of others

  8. Formal and Informal Associations • Freedom of association embraces both informal groups and registered entities • Informal groups = unregistered • Formal groups = legal entities, subject to Law • Importance of voluntary registration • Mandatory registration = violation of Article 11 of ECHR

  9. Right Not to Register • Article 19(1) commendably affirms voluntary nature of registration. • Recommendation: Retain this provision.

  10. Regulatory Treatment of Members • Freedom to regulate internal governance • Law may set certain minimum standards • Law must afford flexibility to founders • Public benefit organizations • More stringent governance requirements • State obligation to protect members

  11. Regulatory Treatment of Members • Members generally protected against mandatory membership • Associations generally permitted to set conditions on membership, exclude members • Associations generally permitted to create categories of members

  12. Regulatory Treatment of Managing and Governing Bodies • According to European Country Practice • No citizenship/domicile requirement for board service • Domicile requirement for some/majority of board Ms • According to European Convention • Burden on state to justify restriction • According to European Court of Justice • Belgium case (1999): Nationality and residency requirements violated rights of citizens of other EU member states

  13. Registration Procedures • Goal = facilitate registration • Clear, easy and inexpensive process • Procedural requirements: • Filing of clearly defined documentation • Registration fee – not burdensome • Limited government discretion • Strict time limits for review • Written notice of denial / right to appeal

  14. Dissolution Procedures: Transfer of Assets • Payment of creditors • Transfer of remaining assets • PBOs: Another PBO with similar objectives • MBOs: Members

  15. Thank you!www.ecnl.org.huwww.icnl.org

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