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Discover factors influencing CSO law reform obstacles and effective strategies. Learn about context, needs, policy drivers, and local capacity for reform. Gain insights on the importance of legislation and how to navigate regional differences. Explore expert advice from the European Center for Not-for-Profit Law.
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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
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