Civil Society in Europe


Book Description

This book explores how civil society organisations are, and might best be, regulated in Europe, at both the regional and domestic level.




Civil Society in Europe: Minimum Norms and Optimum Conditions of Its Regulation


Book Description

The regulation of civil society provides the framework under which those organisations can most effectively provide services in education, health, social services, housing, development aid and so on. Civil Society in Europe identifies common principles of civil society law in two ways. First, the approaches of the Council of Europe and the European Union are explored. Next civil society regulation in twelve domestic legal systems are investigated on a broad range of substantive areas of law including internal organisation, registration, external supervision, public benefit organisations and international activities. From these, the authors distill a set of minimum norms and optimal conditions under which civil society can deliver its aims most effectively. This book is essential reading for policymakers and legislators across Europe and beyond.




Civil Society in Europe


Book Description

The regulation of civil society provides the framework under which those organisations can most effectively provide services in education, health, social services, housing, development aid and so on. Civil Society in Europe identifies common principles of civil society law in two ways. First, the approaches of the Council of Europe and the European Union are explored. Next, civil society regulation in twelve domestic legal systems are investigated on a broad range of substantive areas of law including internal organisation, registration, external supervision, public benefit organisations and international activities. From these, the authors distill a set of minimum norms and optimal conditions under which civil society can deliver its aims most effectively. This book is essential reading for policymakers and legislators across Europe and beyond.




A Legal Analysis of NGOs and European Civil Society


Book Description

Amid widespread awareness and discussion of “the democratic deficit” and “shrinking civil space,” the role of nongovernmental organizations (NGOs) becomes increasingly important. Yet the precise legal status of such bodies is ill-defined. Here, for the first time, is a thorough commentary and analysis of the position of NGOs and European civil society in the European Union (EU) constitutional system, bringing to the fore existing and desirable means of public participation in EU lawmaking. Recognizing that NGOs have historically been designed to meet the ends of civil society, the analysis focuses on the following topics and issues: means in EU law of advocating for the collective interests of civil society; unofficial means of influencing the EU institutions; access to documents and the European Citizens’ Initiative as means of exerting pressure on EU legislation; relations between the EU institutions and NGOs, including lobbying activities; bringing actions in the common good before courts and other institutions; the special role of NGOs in environmental protection; complaints to the Commission and the European Ombudsman; EU funding for NGOs; and transboundary philanthropy. Drawing on a broad spectrum of sources of law, including CJEU case law and relevant legal literature, the book offers insightful proposals leading to the democratization of the EU’s internal procedures that will allow enhanced cooperation of civil society representatives across national borders. In its thorough examination of legal tools that can respond to the “democratic deficit,” this book makes a distinctive contribution to the public debate on the future of the European Union, especially in the context of emerging threats to further integration. It will prove of great value not only to civil activists, academics and policymakers but also to everyone interested in European integration and affordance for social participation.




Religious Communities and Civil Society in Europe


Book Description

The seemingly vitalizing impact of religiosity on civil society is a research topic that has been extensively looked into, not only in the USA, but increasingly also in a European context. What is missing is an evaluation of the role of institutionalized religious communities, and of circumstances that facilitate or impede their status as civil society organisations. This anthology in two volumes aims at closing this gap by providing case studies regarding political, legal and historical aspects in various European countries. Vol. I provides an introduction and looks at cases in Greece, Italy, the Netherlands, Sweden, and Bosnia and Herzegovina, as well as chapters on legal issues and data, and comprehensive bibliography.




The State and Civil Society


Book Description

State regulation of civil society is expanding yet widely contested, often portrayed as illegitimate intrusion. Despite ongoing debates about the nature of state-voluntary relations in various disciplines, we know surprisingly little about why long-lived democracies adopt more or less constraining legal approaches in this sphere, in which state intervention is generally considered contentious. Drawing on insights from political science, sociology, comparative law as well as public administration research, this book addresses this important question, conceptually, theoretically, and empirically. It addresses the conceptual and methodological challenges related to developing systematic, comparative insights into the nature of complex legal environments affecting voluntary membership organizations, when simultaneously covering a wide range of democracies and the regulation applicable to different types of voluntary organizations. Proposing the analytical tools to tackle those challenges, it studies in-depth the intertwining and overlapping legal environments of political parties, interest groups, and public benefit organizations across 19 long-lived democracies. After presenting an innovative interdisciplinary theoretical framework theorizing democratic states' legal disposition towards, or their disinclination against, regulating voluntary membership organizations in a constraining or permissive fashion, this framework is empirically tested. Applying Qualitative Comparative Analysis (QCA), the comparative analysis identifies three main 'paths' accounting for the relative constraints in the legal environments democracies have created for organized civil society, defined by different configurations of political systems' democratic history, their legal family, and voluntary sector traditions. Providing the foundation for a mixed-methods design, three ideal-typical representatives of each path - Sweden, the UK, and France - are selected for the in-depth study of these legal environments' long-term evolution, to capture reform dynamics and their drivers that have shaped group and party regulation over many decades.




Civil Society's Democratic Potential


Book Description

Bolleyer explores which civil society organizations (CSOs) contribute to democracy, how, and why. Two contrasting organizational templates allow theorizing fundamental trade-offs shaping CSOs' 'performance' on three dimensions: participation, representation, and societal responsiveness.




Authoritarianism and Civil Society in Asia


Book Description

This book represents a pioneering interdisciplinary effort to analyze Asian civil society under authoritarianism, a regime type that is re-appearing or deepening after several decades of increased political liberalization. By organizing its approach into four main themes, this volume succinctly reveals the challenges facing civil society in authoritarian regimes, including: actions under political repression, transitions to democracy, uncivil society, political capture and legal control. It features in-depth analyses of a variety of Asian nations, from ‘hard’ authoritarian regimes, like China, to ‘electoral’ authoritarian regimes, like Cambodia, whilst also addressing countries experiencing democratic regression, such as the Philippines. By highlighting concrete responses and initiatives taken by civil society under authoritarianism, it advances the intellectual mandate of redefining Asia as a dynamic and interconnected formation and, moreover, as a space for the production of new theoretical insight. Contributing to our understanding of the tensions, dynamics, and potentialities that animate state-society relations in authoritarian regimes, this will be essential reading for students and scholars of civil society, authoritarianism, and Asian politics more generally.




Civic Space Scan of Finland


Book Description

At the global level, civic space is narrowing and thus efforts to protect and promote it are more important than ever. The OECD defines Civic Space as the set of legal, policy, institutional, and practical conditions necessary for non-governmental actors to access information, express themselves, associate, organise, and participate in public life. This document presents the Civic Space Scan of Finland, which was undertaken at the request of the Finnish government and is the first OECD report of its kind. OECD Civic Space Scans in particular assess how governments protect and promote civic space in each national context and propose ways to strengthen existing frameworks and practices. The Scan assesses four key dimensions of civic space: civic freedoms and rights, media freedoms and digital rights, the enabling environment for civil society organisations, and civic participation in policy and decision making. Each respective chapter of the report contains actionable recommendations for the Government of Finland. As part of the scan process, a citizens' panel - also overseen by the OECD - was held in February 2021 and generated a wide range of recommendations for the government from a representative microcosm of Finnish society.




Non-Governmental Organisations and the Law


Book Description

This book examines accountability issues and the problems of regulating non-governmental organisations (NGOs) through self-regulation. It focuses on methods of self-regulation for NGOs in response to prominent scandals that revealed problems with their accountability, notably the ‘Mafia Capitale’ scandal in Italy and the Oxfam GB scandal in Haiti. It also touches upon other accountability failures, including the allegations against the WWF of facilitating human rights abuses of indigenous groups in Cameroon. The work brings a legal approach to the topic of NGO self-regulation and accountability, contributing to the academic and policy debate in several ways. It advances a brand-new theoretical model to explain the reasons behind NGOs non-compliance with self-regulation, examines the reasons for self-regulation failures, identifies new accountability routes, and recommends proposals for sectoral reform. The book will be of great interest to scholars, researchers and PhD students who work in the area of NGO regulation and accountability from a legal perspective as well as to accountability and NGO scholars working in other disciplines. It will also appeal to practitioners and policymakers who work on the development of NGO policies.