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A Legal Analysis of NGOs and European Civil Society

A Legal Analysis of NGOs and European Civil Society
Author: Piotr Staszczyk
Publisher: Kluwer Law International B.V.
Total Pages: 471
Release: 2019-06-26
Genre: Law
ISBN: 9403512520

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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.


Transnational Activism in the UN and the EU

Transnational Activism in the UN and the EU
Author: Jutta Joachim
Publisher: Routledge
Total Pages: 201
Release: 2008-11-04
Genre: Political Science
ISBN: 1134063881

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Comparing non-governmental organizations (NGOs) in the United Nations and the European Union across a range of different issue areas, this volume examines how the choice of venue and institution affects the strategies of NGOs. Despite significant differences with respect to their scope, membership as well as their institutional rules, the authors find that the UN and the EU have surprisingly similar effects on civil society organizations and regulate access in such a way that it significantly constrains the agency of NGOs. Highlights include: A comprehensive outline of the volume’s main research questions, situated within the existing literature on the topic Eight case studies of NGO involvement in the UN and the EU across a range of different areas, including human rights, the environment, socio-economic and security issues A theoretically grounded summary of case study findings, challenging the findings of previous studies regarding the power of NGOs A discussion of the finding’s implications for the broader literature, as well as for studies relating to the EU and the UN in particular Transnational Activism in the UN and the EU will be of interest to students and scholars of International Relations, European Studies, and Global Politics. Jutta Joachim is Associate Professor of Political Science at the University of Hannover, Germany. Birgit Locher is a Research Fellow at the Institute of Political Science at the University of Tübingen, Germany.


Civil Society and Legitimate European Governance

Civil Society and Legitimate European Governance
Author: Stijn Smismans
Publisher: Edward Elgar Publishing
Total Pages: 348
Release: 2006-01-01
Genre: Political Science
ISBN: 1847200192

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Smismans gathers a fine selection of papers. The book gains particular authority from its interdisciplinary approach. Ulrike Ehling, European Law Journal This book explores the concept of civil society , which over recent years has been revived and introduced into the institutional debate within the EU. Significantly, EU institutions themselves have made reference to civil society and, on an academic plane, it has been argued that the debate on the legitimacy of European governance should value the role of civil society organisations. Bringing together lawyers and political scientists, the book studies the role of civil society organisations in the multi-level context of European governance. Civil Society and Legitimate European Governance bridges the distance between normative suggestions, legal instruments and empirical analysis. Providing original contributions to the research on European governance, this book will appeal to all scholars and students with an interest in European integration and European institutions.


Non-Governmental Organisations in International Law

Non-Governmental Organisations in International Law
Author: Anna-Karin Lindblom
Publisher: Cambridge University Press
Total Pages: 604
Release: 2005
Genre: Law
ISBN: 9780521850889

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Non-governmental organisations (NGOs) play an increasing political role on the international scene, and their position in relation to international law is generally regarded as important but informal. Their actual legal status has not been the subject of much investigation. This 2006 book examines the legal status of NGOs in different fields of international law, with emphasis on human rights law. By means of a thorough examination and systematisation of international legal rules and practices, the rights, obligations, locus standi and consultative status of NGOs are explored. This study is placed within a wider discussion on the representation of groups in the international legal system. Lindblom argues, on the basis of a discourse model of international decision-making, that non-governmental organisation is an important form of public participation that can strengthen the flawed legitimacy of the state-centric system of international law.


NGOs in China and Europe

NGOs in China and Europe
Author: Yuwen Li
Publisher: Routledge
Total Pages: 340
Release: 2016-05-06
Genre: Political Science
ISBN: 1317087615

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This volume presents a comparison of the experiences of NGOs in China and Europe. The chapters on China contain the most comprehensive and up-to-date analysis of various types of NGOs currently active in the country. The contributions on foreign NGOs in China, non-governmental think tanks, public interest legal organizations, labour related NGOs and charity organizations, are the first in English to discuss successful experiences as well as the difficulties they face in the post-Mao era. The European studies draw examples from countries where the experiences of NGOs are at various stages of development. The section on NGOs in Central and Eastern Europe examines the rapid expansion of civil society and their pivotal role in promoting political change and building democracy in a transitional society, as well as the challenges they confront in advancing a strong civil society. Those chapters on NGOs' experiences in Western European countries, especially in the Netherlands and the UK, provide insightful information and examination of the most contentious issues concerning NGOs' accountability, governance and relationship with the government.


NGOs, Civil Society, and the Public Sphere

NGOs, Civil Society, and the Public Sphere
Author: Sabine Lang
Publisher: Cambridge University Press
Total Pages: 289
Release: 2013
Genre: Language Arts & Disciplines
ISBN: 1107024994

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This book investigates how nongovernmental organizations can become stronger advocates for citizens and better representatives of their interests. Sabine Lang analyzes the choices that NGOs face in their work for policy change between working in institutional settings and practicing public advocacy that incorporates constituents' voices.


NGOs in International Law

NGOs in International Law
Author: Pierre-Marie Dupuy
Publisher: Edward Elgar Publishing
Total Pages: 289
Release: 2008-01-01
Genre: Political Science
ISBN: 1848441339

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The essays are persuasive and well-written and, all in all, the book makes an indelible contribution to the legal discourse surrounding this subject. Although the essays are presented with sufficient detail and structure for legal specialists, it would be extremely useful for lobbying practitioners. It is equally essential reading for larger NGOs who wish to improve existing partnership efforts as well as smaller NGOs in developing countries who would like to know more about the policy considerations underpinning current limitations to the NGO s role. Akima Paul, Vienna Online Journal on International Constitutional Law The increasing importance of NGOs has forced international institutions to pay attention to issues of participation and transparency. This excellent book provides comprehensive and insightful analyses of how international bodies accommodate NGOs and their concerns. It forthrightly addresses the uncertain legal status of NGOs in international law. Edith Brown Weiss, Georgetown University Law Center, US No one can deny the significance that NGOs have at the international level, or the dynamism some of them have shown in promoting change, whether in the context of the International Criminal Court or the environment, etc. This is a lively and well-informed account of the wide range of NGOs at the international level, their continuing search for status and (what is more important) access, and also of the abuses sometimes involved, e.g. with servile NGOs in the human rights field. This collection provides an important source of information about an important source of influence on our lives. James Crawford, Cambridge University, UK A timely and useful book that highlights the multi-faceted role of NGOs on the international scene and the rules and practices which have been designed to this end. Laurence Boisson de Chazournes, University of Geneva, Switzerland This book offers a refreshing and well-informed approach to the contentious issues of the role, legal status and consequences of NGOs in international law. The authors provide insightful and high quality analyses of the theories, applications and realities of NGO participation in a wide range of international activity. Robert McCorquodale, University of Nottingham, UK This is a timely and important contribution. It assists in our understanding of developments that have theoretical and practical implications for the changing international legal order. Philippe Sands, University College London, UK The increasing role that NGOs play at different levels of legal relevance from treaty-making to rule implementation, and from support to judges to aid delivery calls for reconsideration of the international legal status of those organizations. This book shows that the degree of flexibility currently enjoyed by NGOs in fields as varied as human rights, the environment and the European Union development cooperation policy constitutes the best arena for all actors involved, with the consequences that the instances where more strict regulation of NGOs participation is desirable are very limited. With each chapter focusing on a different modality of NGO participation in international affairs (from formalised legal statuses to informal ways of dealing with issues of international relevance), this book will be of great interest to academics specialised in international law, political scientists, international officials working for both international organisations and non-governmental organisations, and legal practitioners (legal counsels of international organisations, lawyers and judges).


The Legal Status of International Non-Governmental Organizations

The Legal Status of International Non-Governmental Organizations
Author: Rephael Harel Ben-Ari
Publisher: Martinus Nijhoff Publishers
Total Pages: 217
Release: 2013-08-08
Genre: Business & Economics
ISBN: 9004254374

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The discourse regarding the legal status of international non-governmental organizations (INGOs) is not new; in fact, it has already progressed throughout the last 100 years. However, most of the proposals to grant official status to INGOs, or to otherwise regulate their cross-border activity, are relatively unknown to international lawyers. A perusal of these initiatives against their unique historical background will prove highly significant in dissecting the complexities involved in formulating a comprehensive scheme for the regulation of INGOs. Innovatively, this work outlines and evaluates the sequence of attempts to propose a formal status for INGOs. It demonstrates how this historical contextual analysis provides an invaluable perspective that is essential for the informed review of contemporary schemes and theoretical trends, relevant to the consideration of the status of INGOs. Unfortunately, most contemporary writers and activists who deal with the normative aspects of INGO activity neglect this crucial perspective.


European Civil Society and International Development Aid

European Civil Society and International Development Aid
Author: Balázs Szent-Iványi
Publisher: Taylor & Francis
Total Pages: 168
Release: 2022-10-26
Genre: Political Science
ISBN: 1000773027

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This book explains how and why European non-governmental development organisations (NGDOs) engage in advocacy towards the European Union (EU). It analyses the heterogenous structure of the sector, with examples ranging from large multinational networks to essentially single person NGDOs. The book provides a detailed map of the topics which have featured in NGDO advocacy since 2006, arguing that NGDOs have generally been reactive in their advocacy towards the EU. The author explains how they have contested a number of policy issues on the agendas of the EU institutions, especially around the diversion of aid to manage migration and leverage private sector investments. Furthermore, some NGDOs have used the COVID-19 pandemic as an opportunity to re-package their pre-existing policy demands. Based on an analytical framework focused around three variables, namely moral vision, funding concerns, and the need to build/maintain a ‘good’ reputation, the book explains these advocacy choices, and argues that much of NGDO advocacy seems to be consistent with funding motivations. The author highlights the importance of moral vision and reputational concerns in moderating how far NGDOs will go with funding-driven advocacy, arguing that motivations need to be looked at in their complexity, and within the specific policy context. Drawing on a range of quantitative and qualitative data sets to provide a rich and varied picture of the advocacy work of European development NGOs, European Civil Society and International Development Aid is a key reference for researchers and practitioners working in the field.


The Hidden Hands of Justice

The Hidden Hands of Justice
Author: Heidi Nichols Haddad
Publisher: Cambridge University Press
Total Pages: 223
Release: 2018-08-09
Genre: Law
ISBN: 1108470920

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As the first comprehensive analysis of NGO participation at international criminal and human rights courts, this book will interest a global and wide range of students, scholars, and NGOs in the fields of human rights, public international law, politics and international relations, and law and society.