Created: 17 May 2013
Based on a request made by the Kosovar Civil Society Foundation (KCSF), FOL movement, and Kosovo Democratic Institute, and supported by 55 other NGOs, the Constitutional Court of the Republic of Kosovo has declared that provisions in the Law on Banks, Microfinance Institutions, and Non-Bank Financial Institutions which aimed at transforming microfinance NGOs into joint stock companies were unconstitutional. The law which was adopted on 12 April 2012 by the Assembly of Kosovo would consequently have transformed NGOs’ capital into private equity. Effectively funds received from donors would be transformed into the personal stock of whoever is running the NGO at the time the money enters the NGO’s accounts. Whereby before, money left over from the dissolution of a NGO had to be donated to another NGO the Law on Banks, Microfinance Institutions, and Non-Bank Financial Institutions enabled directors of NGOs to keep that money in a private capacity. Ultimately the law would’ve damaged the NGO sector by scaring off donors who would see their money go to specific causes and not the enrichment of individuals running NGOs. The law would also have promoted further corruption within this sector and went against Council of Europe recommendations. For details of the process and the decision of the Constitutional Court, please download the full text of the decision here.
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Created: 14 May 2013
On 19 April, the Department of Associations of the Ministry of Internal Affairs in Turkey published the “Draft Law on Collection of Aid”. The draft law is a revision of the Law on Collection of Aid and includes changes related to the scope of the Associations Law and Civil Code. The draft Law also makes provisions for the establishment of a Council of Civil Society and a Committee of Civil Society as well as important regulations on the establishment of a General Directorate for Civil Society Organizations within the Ministry of Internal Affairs. The draft law therefore proposes comprehensive changes to the Law on Collection of Aid and it will have a significant impact on civil society in Turkey. Furthermore the newest draft has created a very small window for civil society to express their views regarding the proposed amendments with the deadline set at 17 May, 2013. In its initial opinions BCSDNs member TUSEV’s CSOs Working Group on the Draft Law on Collection of Aid has expressed concerns regarding the new draft law calling for better inclusion of civil society, better and transparent sharing of comments and opinions on the draft law with the public, and an extension of the consultation deadline. The Working Group will publish an official position paper regarding the draft law later this week. For more information, visit TUSEV website.
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