4 minutes agoPresidency returns Law for NGOs to the Parliament
Periskopi(8 years ago)
(8 years ago)The country's president, Hashim Thaci, has returned the Law on Freedom of Association to the Nongovernmental Organisation, adopted by the Parliament of the Republic of Kosovo on 7 November this year. Back to Reexamination of Law No. 06/L-043 for Association Freedom in the Nongovernmental Organisation, President Thaci has done it with the reasoning that the articles [...]
Back to Reexamination of Law No. 06/L-043 for Association Freedom in the Nongovernmental Organization, President Thaci has argued that articles 3 (1.3), 15 (2), 16 (2), 17 (2), 18 (2), 37, 38 (3.4 and 5.4), 41 (1, 1.2, 2 and 3), 47 (2) of Law No. 06/L-043 for Association Freedom in the Nongovernmental Organisation are incompatible with Article 44 (1) the Constitution of the Republic of Kosovo, as well as the best international practices for freedom of association.
Based on this new law for nongovernmental organisations, the act of establishing them should be proven even in notary and legal persons, it is not pre-priced for the founding act to be signed by the authorized representative of the legal person.
According to the President's Office, good NGO registration practices promote simple, quick and free procedures, not difficult procedures.
And in Article 16 (2) of Law No. 06/L-043 for Association Freedom in the Nongovernmental Organization, forecasts that the association should be founded by at least seven persons, thus limiting the freedom of association and contradicting the values and spirit of the Constitution, because associations imply a volunteer group of persons with common interests, purposes, or activities.
Good practices require that for the establishment of the association, at least 2 founders, and so far they are founded by three more people and, instead of advancing this good practice, the article also creates difficulties in establishing associations because of the growth of the minimum number of founders.
Also defined in Article 17 (2) of Law No. 06/L-043 for Association Freedom in the Nongovernmental Organization, which the foundation should be founded by three or more people, limits freedom of association, because as long as associations allow people to be united, foundations are the form of organization characterized by the fact that they have no members and can be founded with capital, willful or even heritage. In these forms of organization, the number of foundations is insignificant, since this form of organization has no members.
Revelation of Law No. 06/L-043 for Association Freedom in the Nongovernmental Organisation, with content as approved in the Kosovo Assembly, according to the President's Office, would jeopardise freedom of guaranteed association in the Constitutions and with legislation in effect in our country.
