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A Letter from Our EditorsDear Readers,
This issue of IJNL is a special issue for a number of reasons:
Beginning
the second volume is an important milestone – the reception for the first four
issues – Volume 1 – has been extremely positive. As we noted when we
produced the first issue just one year ago, IJNL
is a unique publication. It is the only legal journal dealing with developments
affecting not-for-profit organizations world-wide! We greatly appreciate the
interest IJNL has generated, and we
intend to continue to meet the high expectations of our readers.
We also greatly appreciate our readers’ suggestions for change – any new
publishing venture needs to be responsive to its market.
We can maintain a high degree of responsiveness to your needs because the
publishing format chosen – online publication – is easily capable of change.
So, we encourage you to keep us informed of your needs and wishes. As
indicated earlier, this issue is bit different from our earlier issues – it
concerns a single subject for a single region – the regulation of “public
benefit organizations” in Europe. As
most readers of this Journal are
aware, ICNL is well-qualified to produce this special issue.
Lawyers involved with ICNL have been helping to develop a more enabling
legal framework for NPOs/NGOs since the 1980’s, and the first regional focus
of our work was in Central and Eastern Europe after the fall of the Berlin Wall.
Building on earlier conferences held in the region (Sinaia (Romania) in
1994, Tallinn (Estonia) in 1995, and Budapest (Hungary) in 1996), ICNL has
worked in all of the countries of the region on a number of path-breaking
projects in legal, fiscal and regulatory reform.
Projects are presently staffed by lawyers from the Washington and
Budapest offices of ICNL and our local partners. A majority of those lawyers are
from the region. In
1999 we decided to use a conference venue once again to discuss a burning issue
– one that is relevant not only in Central and Eastern Europe, but also in
Western Europe and the countries of the former Soviet Union to the east. That is
the issue of how to regulate a special class of NPOs/NGOs, those known as
“public benefit” or “public utility” organizations.
This is a vast topic, with highly nuanced issues. Thus, the decision was
made to reduce the complexity of holding such a conference by limiting it to
Europe. By making this choice we by no means wish to suggest that the issues are
not relevant in other regions – to the contrary, the discussion could just as
well have been held in Asia or Africa. And we hope that other such regional
discussions can be held in the future, and that the comparative materials from
the May 1999 conference in Budapest will be useful in that context. The
title of the conference was “European Civil Society in the 21st
Century: Standards and Mechanisms for Regulating Public Benefit
Organizations.” The participants
and speakers came from all over Europe and lent their expertise to both plenary
and working group discussions. They included Per Ove Englebrecht, the Director
of Social Economy of DG XXIII of the European Union, who set the stage with a
very informative keynote address, Richard Fries, Chairman of the Board of ICNL
and former Chief Commissioner of the Charity Commission for England and Wales,
who spoke about the role of the commission in regulating public benefit
organizations in England, Petr
Pajas from the Czech Republic, Nilda Bullain from Hungary, and Michael Boyadjiev
from Bulgaria, who discussed other aspects of the conference program. A complete conference agenda and list of speakers and
working group leaders is attached. Further
information about the conference and a participant list can be obtained by
sending an e-mail to the Budapest office of ICNL at rita@icnl.org.hu. We are
extremely grateful to our local partners, the Civil Society Development
Foundation and the Nonprofit Information and Training Center, and most
particularly to the staff of the Budapest office, for their yeoman service in
making the conference a huge success! This
issue of IJNL includes not only papers and other documents from the
conference but also a few papers that deal specifically with “public
benefit” problems in Europe and the countries of the former Soviet Union.
We hope that by expanding the scope of our coverage of this issue to
include these papers we will be able to provide a single reference tool on
“public benefit organizations” that is useful to scholars and practitioners
around the world. In our
December issue we plan to revert to the more typical IJNL
format, with our regular features. In that issue readers can expect to find
updates on the legislative front from various countries, including Kyrgyzstan (a
special notice on recent developments is included in this issue because of the
significance of the new legislation!), Montenegro, and West Bank/Gaza, a report
on the ongoing tax discussions in South Africa, reports on cross-border giving
and corporate philanthropy, and discussions about conferences in China and
Israel that considered various issues affecting the legal enabling environment
for NPOs/NGOs. ICNL is grateful to those who have supported this publication, including the United States Agency for International Development, the World Bank, the Rockefeller Brothers Fund, the Charles Stewart Mott Foundation, the John D. and Catherine T. MacArthur Foundation, the Open Society Institute, the Wallace Global Fund and others.
ICNLICNL is an international
organization whose mission is to facilitate and support the development of civil
society and the freedom of association on a global basis. ICNL, in cooperation
with other international, national, and local organizations, provides technical
assistance for the creation and improvement of laws and regulatory systems that
permit, encourage, and regulate the NGO sector in countries around the world. ICNL maintains a
documentation center for laws, regulations, self-regulatory materials, and other
relevant documents, it provides relevant training and education, and it conducts
research relevant to strengthening and improving laws for NGOs.
CAVEAT: The country reports, articles, and other items in the Journal have been prepared and reviewed with care. They have been contributed by many people. Although every effort has been made to assure that the information is correct, there can be no assurance that every item is accurate. No item in the Journal should be relied upon for legal purposes. Any person needing legal assistance should consult a lawyer licensed to practice in the relevant jurisdiction. If anyone discovers errors in the Journal, please let us know.
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