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The 2021 "Comparative Highlights of Foundation Laws" provides a broad, comparative overview of the diverse legal and fiscal environments of foundations – across 40 countries – as well as identifies relevant trends and developments.The report looks into how philanthropy in Europe is regulated from a comparative perspective, what legal requirements exist to establish a foundation, whether foundations can pursue only public-benefit or also private purposes, what governance requirements are set out, what forms of tax incentives exist to encourage philanthropic organisations and giving and how this differs across the continent or what impact anti-money laundering and anti-terrorism legislation has on the European philanthropy sector.
This handbook provides practical guidance for Civil Society Organisations (CSOs) to advocate and litigate using EU law to protect their rights and civic space in the EU.It aims to be a user-friendly guide for CSOs who want to know::What EU law is and how it affects individuals and organisations;When and how CSOs can challenge national provisions or measures that impact their mission, activities and operations on the basis of EU law, including the EU Charter of Fundamental Rights (CFR);Which legal avenues and resources are available for CSOs to defend their civic space within the EU law frameworkA list of resources as well as practical tools can be found in the last part the document.
The EFC and DAFNE will use the learnings of this study to kick-off joint advocacy work for Europe's philanthropic sector with the aim to maintain and develop the space for philanthropy across Europe and its positive impact on civil society. The study stresses key dilemmas and solutionsPhilanthropy remains largely outside the European treaties. Its recognition in the treaties and in European fundamental rights is needed.Barriers to cross-border philanthropy pose a major challenge. While the freedom of capital movement prohibits foreign funding restrictions, Europe needs to move towards a European public benefit concept, non-discriminatory tax regimes and simplifying tax authority practices and providing for more information sharing tools.National laws must be in line with European fundamental rights and EU freedoms. While the philanthropic sector uses existing protection mechanisms (e.g., via EU Treaty infringement procedures) it may be necessary to examine if these are sufficient.EU and national efforts to counter-terrorism financing, money laundering and tax evasion, which are intended to protect the sector must be risk-based, proportionate and evidence-based. In addition, the sector and policymakers should work jointly to assess and address risks.
Closing civil society space is a growing trend, impacting civic actors in countries throughout the world. This paper examines how the trend effects development funders and actors, and how they are responding. Questions explored include: what are funders doing to engage around re-opening space for civil society? How are they adapting? What are the impacts of the development community's approach to civil society as a whole? The European Foundation Centre and the Funders' Initiative for Civil Society have come together to develop better insight into these questions and to increase awareness of the threats to civil society.
This publication, a joint effort of the European Foundation Centre (EFC) and Transnational Giving Europe (TGE), offers recommendations and ideas which could potentially ease tax-effective cross-border philanthropy in Europe. Tax experts from across Europe contributed to this publication.Cross-border philanthropy in Europe is growing. Philanthropic organisations are both investing more across national boundaries as part of their asset management strategy, and individual and corporate donors are increasing their philanthropic giving outside of their home countries.But the fiscal environment for cross-border philanthropy, even within the European Union, is still far from satisfactory. Although the EU's non-discrimination principle, which applies to philanthropy, some legislators and authorities still discriminate against comparable foreign EU-based philanthropic players. And processes to gain equal treatment - where they are indeed available - are burdensome, lengthy and costly.This paper aims to highlight good and bad existing practice and to develop recommendations and ideas which could potentially lead to a simplification of the procedures for implementation of the non-discrimination principle. This is therefore not an academic paper but rather a practitioner-driven view on the matter, which will need to be further developed and discussed with fiscal experts and policymakers in the field of philanthropy taxation. The paper is hence a recommended read for legislators and authorities, as well as for philanthropists and the wider non-profit sector.The analysis and recommendations contained in this publication follow on from a study released in 2014 bythe EFC and the Transnational Giving Europe network (TGE), "Taxation of cross-border philanthropy in Europe after Persche and Stauffer - From landlock to free movement?".
This publication aims to provide the reader with a comparative overview of the diverse legal and fiscal environments of foundations in 40 countries across wider Europe: the 28 EU Member States, plus Albania, Bosnia and Herzegovina, Kosovo, Liechtenstein, Macedonia, Montenegro, Norway, Russia, Serbia, Switzerland, Turkey, and Ukraine. It includes charts, draw on the basis of the updated online EFC (European Foundation Centre) Legal and Fiscal Country Profiles, which are available to download at www.efc.be. The EFC online profiles include more detailed country information and further explanation of the information presented in those charts.
Those 30 academic contributions aim to provide a better understanding of whether, why, and how philanthropic initiatives, understood as voluntary contributions for the common good, can and should be fostered by states through tax incentives. The topic has been addressed from a multidisciplinary and multicultural perspective – covering neuroeconomics, sociology, political science, psychology, affective sciences, philosophy, behavioral economy, and law – because of its global and multifaceted nature. It also contains the OECD report on Taxation and Philanthropy released in November 2020, which was prepared in this context as a result of a collaboration with the Geneva Centre for Philanthropy of the University of Geneva.The book is divided into four sections, exploring, respectively, the justification of tax incentives for philanthropy, theoretical and empirical insights about taxes, efficiency and donor behavior in that context, and tax incentives for cross-border philanthropy and for hybrid entities and social entrepreneurship. Parts of the book can be downloaded separately: https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003139201/routledge-handbook-taxation-philanthropy-henry-peter-giedre-lideikyte-huber
Authors Ben Hayes and Poonam Joshi summarise the key findings of the Funders' Initiative for Civil Society (FICS) 2019 strategic review, which sought to elaborate a strategic framework through which independent funders could respond more effectively to the phenomenon of closing civic space through collaborative and targeted interventions.This paper incorporates preliminary thoughts on the Covid-19 crisis alongside more developed 'futures thinking' about climate and technological change. It makes the case that – as funders who invest in progressive causes and movements – we must find new ways to expand the space for civic participation.This is the first of a series of recommendations FICS will publish for funders on how to disrupt and reform the drivers of closing civic space.
Civil Society Organizations and General Data Protection Regulation Compliance: Challenges, Opportunities and Best Practices, a new report from the Open Society Information Program, looks specifically at the ways that the world's most comprehensive data privacy law impacts nongovernmental organizations.It examines, in practical terms, what these kind of organizations have done to comply with the law. It also presents research showing ways that governments, businesses, and some powerful individuals have tried—so far unsuccessfully—to use the law to prevent these organizations from pursuing public interest research and reporting.Finally, the report provides a best practices guide that can be used to ensure compliance and limit risk.
Monitoring Matrix on Enabling Environment for Civil Society Development The Civil Society Environment in Turkey 2017 ReportJuly 2, 2018
Third Sector Foundation of Turkey (TUSEV) published the Monitoring Matrix on Enabling Environment for Civil Society Development Turkey Country Report 2017, prepared in line with the Monitoring Matrix methodology. Developed under the Monitoring Enabling Environment for Civil Society Development Project coordinated by Balkan Civil Society Development Network (BCSDN) through 2012 and 2016, the Monitoring Matrix Methodology analyses the state of civil society in terms of Basic Legal Guarantees of Freedoms, CSO Financial Viability and Sustainability, and Government-CSO Relationship.
This study compares the legal framework for fundraising in 16 European countries.The research focuses on the regulation of fundraising by CSOs, defined as soliciting voluntary philanthropic contributions from individuals, corporations and grant-making organizations.It examines options for both statutory regulation and self-regulation.It draws upon international legal instruments, country laws and regulations, articles and studies, and maps out a broad spectrum of issues affecting fundraising, from reporting requirements to penalties to restrictions on cross-border donations.It features case studies on Slovakia, the United Kingdom, and Spain, which provide concrete insights on the regulation of fundraising in countries from different regions and with different legal system and philanthropic cultures.The report covers 16 countries from all regions of Europe; 21 international and regional documents; 65 laws and regulations; 101 secondary resources; 30 links and websites; 3 case studies.This report is a first step towards further research to assess the impact and implementation of legislation and self-regulation fundraising. A summary is available: http://ecnl.org/publications/regulatory-framework-fundraising-europe/
As feminist funds, Mama Cash and Urgent Action Fund know that collective action by women, girls, and trans people is changing the world. Today, the global political and social landscape is becoming increasingly repressive, xenophobic, patriarchal and extremist. It is urgent to provide support to unapologetically progressive and feminist movements led by those most excluded and impacted.This report is a tool, resource, and testimony to inform the understanding of how closing space, in all its forms, has a gendered impact. Its aim is to bring value to the conversations and collaborations around the closing space phenomenon.
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