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Regional Differences, Issues, Challenges in CSO Law How to tackle these?. Nilda Bullain European Center for Not-for-Profit Law (ECNL). DANGER!. “Easily replicable solution available to be applied as a panacea for long-lasting problem.”
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Regional Differences, Issues, Challenges in CSO LawHow to tackle these? Nilda Bullain European Center for Not-for-Profit Law (ECNL)
DANGER! “Easily replicable solution available to be applied as a panacea for long-lasting problem.” “Our tax designation scheme will help develop your philanthropic culture!”
Factors to consider • Context / transition stage • Level of development of third sector / civil society • Needs / priorities • Policy driver / political will • Local ownership / local capacity for law reform
Context “We would like to have a charity commission.” Cultivation period: 200 years
Civil society • Capacity (e.g., social contracting) • Values and ethics (e.g., governance) • Credibility (e.g., philanthropy)
Needs WHY LEGISLATE? • E.g., representation or participation? • E.g., lack of resources / of access to resources / of capacity to access them?
Policy drivers • Public financing • Social services, absorption capacity, transparency, building clientele? • Public benefit status • To increase private funding or public funding? • Volunteering • Black labor, tax hurdles, social support structure?
Local capacity for reform • Investment in capacity building before “direct spending” for results
Process • assessment of needs/priorities • generating interest – keeping momentum • multi-stakeholder working group • broader participation • regional exposures • TA & comparative expertise Law reform
Thank you! For more information: www.ecnl.org www.icnl.org