NATIONAL DISCUSSION: “THE NECESSITY FOR CHANGE IN THE LEGAL FRAMEWORK OF NONPROFIT LEGAL ENTITIES”

The Bulgarian Center for Not-for-Profit Law in cooperation with Foundation “Programme and Analytical Center for European Law”, Open Society Foundation and Association “Bulgarian Donor Forum” organized national discussion on theme: “The necessity for change in the legal framework of nonprofit legal entities”.

The discussion was held on 24 November this year in the Military Club in Sofia. Representatives of more than 60 nonprofit organizations from the whole country and the media took part in it.

Official guests of the event were the Member of Parliament Lutvi Mestan who is one of the depositors of the draft of the Law on Nonprofit Legal Entities, Mrs. Miglena Tacheva – Deputy Minister of Justice and Mrs. Margarita Zlatareva – Member of the Constitutional Court of The Republic of Bulgaria.

Luben Panov, Director of the Bulgarian Center for Not-for-Profit Law opened the conference and defined shortly the actual themes and problems in direct relation to the activities and the legal framework of the nonprofit organizations. The proposals for amendments and supplements are entirely based on the analyses of the results from the discussions with representatives of nonprofit organizations and lawyers from all over the country. Furthermore, the connection between the good legislation for nonprofit legal entities and the problem with their financial sustainability was made. It was emphasized on the important role of the good statutes as a strong base for their successful development. Another discussed issue was related to the possibilities nonprofit legal entities to perform public political activities and the connection between nonprofit organizations and the political parties. In conclusion the director of the Bulgarian Center for Not-for-Profit Law presented the problem with the new high court fees for registration of NPOs, which are serious obstacle for the activity of a great part of the existing organizations and for the establishment of new organizations.

On behalf of the Ministry of Justice, the national discussion was opened by the Deputy Minister of Justice Miglena Tacheva.

Before the main discussion on the problems of the legal framework of nonprofit legal entities, Georgi Genchev, Director of Foundation “Programme and Analytical Center for European Law”, presented shortly the main aspects of the Project for preparation of strategy for financial sustainability of the nonprofit sector.

In his greeting to the participants in the discussion, the Member of Parliament Lutvi Mestan underlined that the ambitions for proving the legal framework of nonprofit organizations have to be orientated to more significant tax concessions for public benefit organizations.

During the presentation of the proposals for amendments and supplements it was emphasized on the fact that they are made on a base of 2 year practical enforcement of the law and that their objective is to clarify the legal framework and make it easy for interpretation and application without changing the philosophy of the law.

In her speech the member of the Constitutional Court Margarita Zlatareva expressed her opinion on legal issues related to the nonprofit organizations legal framework. She highlighted that the proposals are made professionally and with understanding of the legal matter.

In the second part of the event the international practices in the field of the legal framework of nonprofit organizations and political activities of NPOs in the CEE countries were introduced to the participants by Mr. David Moore – Regional Director of the International Centre for Not-for-Profit Law.
The national meeting was closed with the lecture of Mr. Ivo Hristov – an expert in the Legal Affairs Committee of the 39 National Assembly, who presented the legal framework of the political activity in Bulgaria and its relation with the activities of nonprofit organizations, as well as the financing of political parties and nonprofit organizations – an actual and often discussed theme in the society.