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

Explore the journey of Open Society Foundation Bratislava in building a favorable legal environment for NGOs in Slovakia, from legislation development to advocacy efforts. Discover their initiatives, challenges, and impact on civil society.

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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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