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1. Grup Seminer Programı 27. Eylül. 04 09. 30-11. 00 Proje uygulama,izleme değerlendirme


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V. Challenges in EU-CSOs dialogue

5.1. Networks and confederation internal challenges


  • CONCORD search for more financial autonomy: achieving the 5% annual reduction in EU funding share.

  • Establishing joint position for lobbying

There is a strong heterogeneity of NGOs with different objectives working only in selected countries overseas and with large ideological differences with regard to development education and lobbying activities. Managing that heterogeneity to reach common positions is no easy task for national platforms, European networks and even less for CONCORD.
Some network members of CONCORD are characterized by strong co-operation directed at a closer alignment of their activities in the South but pay little attention to the co-ordination of lobbying or development education activities: CIDSE, ACORD.


  • National and European level advocacy activities coordination: active mobilization of the members in order to co-ordinate national advocacy with EU level activity.

  • Prospects for small NGOs:

Small NGOs tend to see Brussels as a bureaucratic machine and feel alien to the activities taking place there. The challenge is to involve all level NGOs in the dialogue with the EU giving them access to the relevant information concerning the impact of EU policy on their activities and taking the small NGOs concerns into account through appropriate communication channels.


5.2. EU institutions-CSOs dialogue


Eligibility criteria

Avoid the “Brussels talking to Brussels” syndrome: although representativeness at European level is an important issue, it is also important to take into account the diversity of situations in member states and minority views.



Need for a legal basis and a Commission-wide framework for civil dialogue

The consultation standards have been set in the form of a communication which is a non legally-binding instrument. They are no means of appeal for groups or organizations which believed themselves to be concerned by an issue but have not been integrated to a consultation process.


The scope of the application of the standards has not been very clearly defined: the standards will be applied to those initiatives that will be subject to an extended impact assessment. Nevertheless the Directorates General of the Commission are encouraged to apply the General principles and minimum standards to any other consultation exercise they intend to launch.
NGOs ask for a legally binding instrument turning consultation into a systematic and obligatory process.
More informal and flexible mechanism

Need for more informal communication mechanisms in complement of the more formal and structured dialogues with the EESC and the DGs.


Improve EU inter-service co-ordination

CONCORD recommends the creation of an inter-service network on civil society participation in the European Commission to increase coherence of approaches and awareness of the different themes and issues of EU development policy


5.3. Enlargment impact on CSOs-EU dialogue



A different relation to developing countries

The new and future members have different experiences in dealing with developing countries. The new members have no historical links with the ACP and seem more interested in humanitarian aid than in development co-operation. This will open new areas of debate and bring new challenges to find joint positions.


Aid structure implementation

  • The new or future member countries are at different stages of the implementation of development basic aid structures. The umbrella organizations could play a role in helping new members to develop their aid structures.

  • Backing of the new members in the candidate countries to create strong links with their authorities so that CONCORD or the networks can conduct common coherent advocacy at the enlarged European level

  • Capacity building in non state actors from the new Member states

VI. Turkish CSOs prospects

6.1. Current European funding available (tenders / grants / call for proposals) (in blue in the diagram)


Civil society development programme

  1. Local civic initiatives (2002)

  2. Turkey-Greece Civic Dialogue (2003)

  3. Dialogue and development of the Chambers (2001)

  4. Trade Union dialogue (2001)

  5. Police professionalism and the public (2002)

European Initiative for democracy and human rights (macro-projects 2001, micro-projects 2003)

Development of Human Rights, Democracy and Citizenship education (2001)

Public Sector – Civil Society Cooperation programme (2004)

Turkish Democracy Human Rights and Civic participation network (2002)



6.2. Advantages and constraints of joining platforms and networks


Advantages

  • Increase in advocacy capacities.

  • Information and knowledge sharing: Enhanced understanding of how the EU works and a large flow of information about developments in the EU and about the NGOs practices in other European countries.

  • Technical and administrative support.

Constraints

  • Financial constraints: cost of affiliating and cost of attending to meetings (although some networks cover part of those last expenses)

  • Administrative and human resources management constraints: European work is time consuming and requires qualified human resources. The organization will have to make space for European affairs on its agenda and in its staffing. It take long to establish good working relationships in the European networks and platforms and may produce results in the medium or long term more than in the short term.



6.2. Turkish CSOs access to European co-financing scheme

Recent Turkish association law reform


The 2003 amendments to the Civil code, to the Law on Foundations and the 17th of July (2004) Law on Associations accepted by the Parliament (must still be signed or vetoed by the president) opens new prospects for Turkish NGOs cooperation with European organisations and potential access to EU financing.
-Turkish associations and foundations can open branches abroad and join international or foreign bodies. These are now permitted to operate and open branches in Turkey after receiving approval from the Ministry of the Interior in consultation with the Ministry of Foreign affairs (2003 amendments).

-Associations are no longer required to obtain prior authorization for foreign funding, partnerships or activities.

-NGOs are permitted to open representative offices for federations and confederations internationally.

-NGOs will be able to form temporary platforms / initiatives in order to pursue common objectives (Law on Associations)


Attracting EU funding


The Community co-finances NGOs projects up to 85% of the total financial contributions. To access those funds, NGOs must satisfy certain conditions:

  • Be constituted as autonomous non-profit-making organisations in a Member State in accordance with the laws of that State.

  • Have their headquarters in a Member State and the headquarters must be the main centre for decisions relating to the co-financed operations.

  • The majority of their funding must originate in Europe.

Legal framework for foreign CSOs

    • Conditions for establishment

Foreign associations are allowed to open a branch, an office or a subsidiary in all European countries.


  1. Branch / office:

  • No access to EU co-financing scheme.

  • All the assets of the organization stand behind any contract or obligation the organization incurs in the country.

  • Specific problem with branch establishment: if the establishment criteria of the country of origin are significantly different from the national ones, the responsible State agency may have to decide if the differences are too great to allow the branch to be recognized as the equivalent of an association, foundation or other CSOs in the country.

B. Subsidiary:



  • As autonomous legal entity in an EU country, it meets the co-financing scheme criteria.

  • The mother organization insulates its assets from the claims that may arise in the subsidiary’s country

Special requirements for the national legal personality:



  • Minimum number of nationals: some EU countries impose a minimum number of nationals on the board. Foe example in Belgium the Majority of the Board members must have Belgian nationality.

  • Establishment process: same as for national CSOs




    • National association law respect

  • Branches, offices and subsidiaries are held accountable and accept to be sued for their activities in the country.




  • A usual requirement is to designate a general representative of the organization that is a citizen and resident of the country and upon whom legal notices can be served.




  • Another requirement is to designate a principal office where it maintains books and records regarding its activities for possible inspection.


Important characteristics of an enabling legal framework

It is important to analyse carefully certain characteristics of the legal framework for choosing an appropriate European Country (lobbying purposes, e.g. the choice of Brussels; national administrative constraints).


General administrative constraints for establishing as a legal entity

  • Number of documents required (charter or statutes, deed of trusts, by laws etc.)

  • Duration and cost of the process (by mail, through offices, through a court)

Time limit for the responsible state agency to react to the submission

  • Limited bureaucratic discretional power of decision (possibility of appeal?)

  • Responsible State agency: single ministry, different ministries according to the field of work, court(s) (Greece)

  • Public register

  • Amendments to Governing documents procedures


Legal framework concerning Governance

Aim: A legal framework promoting good governance practices increases the CSOs legitimacy in front of the public and the donors. There should be appropriate minimum provisions in the association law concerning:



  • The limited liability of the officers, members, governing boards and employees

  • Prohibition in the distribution of profits

  • Definition of governance structure and respective responsibilities and powers

  • Structure requirements (organs)

  • Membership rules

  • Prohibition for conflict of interest

  • Prohibition on self-dealing


Legal framework regarding fundraising

  • Permissible fundraising activities
Legal framework regarding Accountability

Aim: A legal framework promoting accountability favours good management practices and donors confidence. Nevertheless reporting and auditing processes should not be too constraining and time consuming.

  • Reporting to the responsible State agency

  • Audit required by the responsible State agency

  • Internal reporting requirements

  • Reporting to and audit by the tax authorities



Tax preferences available to the organization and its donors

  • Criteria for tax preferences: different limited list of fields of activities, according to each EU country

  • Income or profit tax exemptions: exemption from taxation on money or on the items of value given by donors or state agencies and on membership fees (in all EU countries, different formulas)

  • Exemption of tax on interest, dividends capital gains earned on assets or the sale of assets (different approaches in EU countries)

  • Income or profits tax preferences for donations

  • Taxation of economic activities: profits reinvested in the CSOs principal activity are not taxed (Poland, England) or benefit from tax preferences (Spain)

  • VAT exemption: different formulas but there is currently an ongoing reflection at the policy level on a VTA system for charitable organisations

6.3. Guidance and technical advice


Example of guidance in the accession process: The Trialog project (CONCORD)

Objectives:



Linking NGOs

Trialog facilitates the inclusion of NGO platforms from new member states in CONCORD

Links NGOs and platforms in new member states with relevant networks and key partners in developing countries
Building capacities:

Preparing NGOs to participate in EU debates

Strengthening platforms and informal co-ordination bodies
Raising awareness

Raising awareness and understanding of development issues and the role of NGOs in EU development policies


Activities:

Training on EU structures and policies, institutional development and fund-raising to create group of experts who can act as multipliers
Joint project

Trialog stimulates joint projects on development co-operation and development awareness between NGOs from old member states and NGOs from new / future member states


NGOs platform

Trialog investigates the need of NGOs co-ordination bodies and support their creation


NGO online database: a tool to search for partners interested in joint projects

Annexes




1. Usefull links

List of national platforms websites

Austrian National Association:



http://www.eu-platform.at
Belgian National Association

http://www.cncd.be
http://www.acodev.be
http://www.coprogram.be
Czech National Association

http://www.fors.cz
Danish National Association

http://www.eu-ngo.dk
Finish National Association

http://www.kehys.fi/english
French National Association

http://www.coordinationsud.org
German National Association

http://www.venro.org
Greek National Association:

Website not available


Hungarian National Association:

http://www.hand.org.hu
Irish National Association:

http://www.dochas.ie
Italian National Association:

http://www.ong.it
Luxembourg National Association

http://www.ongd.lu
Maltese National Association

http://www.kopin.cjb.net
Netherlands National Association

http://www.cordaid.nl/uk/index.htm
Portuguese National Association

http://www.plataformaongd.pt
Slovakian National Association

http://www.mvro.sk
Spanish National Association

http://www.congde.org
Swedish National Association

http://www.concord.se
United Kingdom National Association

http://www.bond.org.uk

List of European networks websites


A SEED

http://www.aseed.net
ACTIONAID

http://www.actionaid.org
APRODEV

http://www.aprodev.net
ATTAC

http://www.attac.org
CARITAS

http://www.caritas.org
CEE Bankwatch network: Central and Eastern European NGO Bank watch Network

http://www.bankwatch.org
CIDSE: Coopération Internationale pour le Développement et la Solidarité

http://www.cidse.org
EADI : The European Association of Development Research and Training Institutes

http://www.eadi.org
EU-CORD

http://www.eu-cord.org
EURONAID

http://www.euronaid.nl
EURODAD: European Network on Debt and Development

http://www.eurodad.org
EUROPEAN YOUTH FOR ACTION

http://www.antenna.nl/eyfa/home.htm
EUROPEAN PEACE BUILDING LIAISON OFFICE

http://www.eplo.org
EUROSTEP

http://www.eurostep.org
FRIENDS OF THE EARTH

http://www.foeeurope.org
HOMENET

http://www.newethic.org/homenet/home.html
INTERNATIONAL PLANNED PARENTHOOD FEDERATION

http://www.ippef.org
IRENE

http://www.irene-network.nl/about.htm
KARAT COALITION

http://www.karat.org
SAVE THE CHILDREN

http://www.savethe children.net/alliance/
SEATTLE TO BRUSSELS NETWORK

http://www.s2bnetwork.org
SOLIDAR :

http://www.solidar.org
SOUTH EASTERN EUROPEAN ENVIRONMENTAL NETWORK

http://www.seeenn.org.mk
TERRE DES HOMMES

http://www.terredeshommes.org/en/Welcome/default.asp
VOICE: Voluntary Organizations in Cooperation in Emergencies

http://www.ngovoice.org
WOMEN IN DEVEOPMENT EUROPE

http://www.eurosur.org/wide/home.htm

CONCORD website


http://www.concordeurope.org

Online resources on the European Union and civil society


EESC advices and documents

http://www.esc.eu.int
The European Union “Governance” page: http://europa.eu.int/comm/governance/index_en.htm
Evaluation reports on different thematic budget lines (NGOs co-financing, decentralised co-operation, food security lines etc.)

http://europa.eu.int/comm/europeaid/evaluation/index.htm
CONECCS Database

The EU CONECCS (Consultation, the European Commission and Civil Society) database

The database provides information on the committees and other Commission frameworks through which the civil society organizations are consulted in a formal or structured way (sorted by policy areas). It also provides information on non-profit making civil society organizations at European level.


http://www.europa.eu.int/comm/civil_society/coneccs/index_en.htm


1 M. Edwards, Civil Society, London, Polity, 2004.

2 J. Keane, Global Civil Society, Cambridge, Cambridge University Press, 2003.

3 J. Ehrenberg, Civil Society: the critical history of an idea, New York, NYU Press, 1999.

4 M.Edwards, Civil Society, syf.1. Aynı zamanda, Edwards’ın çalışmaları için bkz. Global Citizen Action, Boulder, Lynne Rienner (J. Gaventa ile birlikte),

5 N.L. Rosenblum ve R.C. Post, Civil Society and Government, Princeton, Princeton University Press, 2002, syf.1.

6 Bu tanıma yakın bir tanım için bkz. C. Taylor, “Modes of Civil Society”, Public Culture, (3:1), 1990, syf.102-119.

7 Bu anektod M.Edwards, Civil Society kitabının başında bulunmaktadır, oradan ödünç alıyorum.

8 P.Chatterjee, The Nation and Its Fragments, Princeton, Princeton University Press, 1993. Sivil toplumun ortaya çıkmasında önemli olan diğer tarihsel olgular içinde önemli olanlar: (a) toplumun siyasal otoriteyle özdeş olmadığını vurgulayan orta çağ düşüncesi; (b) kilisenin bağımsız bir toplum olduğunu vurgulayan hiristiyan düşüncesi; (c) orta çağ Avrupa’sında görece bağımsız şehirlerin ortaya çıkması ve gelişmesi; (d) sekülerleşme düşüncesinin orta çağ Avrupa’sında gelişimi. Öznel hakların yasal temelde tanımlanması düşüncesinin sivil toplumun ortaya çıkmasındaki önemi üzerinde ortaklaşan Locke ve Montesquieu, yukardaki diğer olguların önem derecesinde farklılaşırlar.

9 D. Scheeter, Sovereing states or political communities: civil society and contemporary politics, Manchester, Manchester University Pres, 2000.

10 V. Havel, Open Letters, London, Faber & Faber, 1991.

11 G. Konrad, Antipolitics, New York, Harcourt Brace Javanovic, 1984.

12 Üç-boyutlu toplum modeli için bkz. J.L. Cohen ve A. Arato, Civil Society and Political Theory, Cambridge, MIT Press, 1992. Aktif vatandaşlık kavramının kuramsal ve Türkiye örneğinde açılımı için bkz. E.F. Keyman ve A. İçduygu, Citizenship in a Global World: European Questions and Turkish Experiences, London, Routledge, Ocak, 2005.

13 U. Beck, The Reinvention of Politics, London, Polity, 1995.

14 R. Axtmann, Understanding Democratic Politics, London, Sage, 2003.

15 D. Held ve A. McGrew, The Global Transformations Reader, London, Polity, 2000.

16 Z. Bauman, Globalization, London, Polity, 2001.

17 A. Giddens, The Third Way, London, Polity, 1998.

18 A. Giddens, The Progressive Manifesto, London, Polity, 2004.

19 Bu bağlamda önemli bir çalışma için bkz. J. Keane, Global Civil Society, 2003.

20 E.F. keyman ve A. İçduygu, “Globalization, Civil Society and Citizenship in Turkey”, Citizenship Studies, 7:2, 2003.

21 S. Yarasimos, Türkiye’de Sivil Toplum ve Milliyetçilik, İstanbul, İletişim, 2000.

22 A. İçduygu ve E.F. Keyman, “Demokratic Consolidation and European Integration:The Role of Civil Society in Turkey”, basılmamış metin.,

23 M. Edwards, Civil Society.

24 M. Edwards, Civil Society, syf.18.

25 E. F. Keyman, Türkiye’de Devlet Sorunu: Küreselleşme, Modernite, Demokratikleşme, İstanbul, Bilgi Üniversitesi Yayınları, çıkacak, 2005.

26 CLONG comes from the french « Comité de liaison des ONG »



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