The Expert Council carries out thematic and country studies on specific aspects of NGO legislation and its implementation that seem to pose problems of conformity with international standards, notably the European Convention on Human Rights and the Recommendation (2007)14 on the legal status of NGOs in Europe. Its work covers the 46 member countries of the Council of Europe and Belarus.

It was created in January 2008 by the Conference of INGOs of the Council of Europe with the aim of creating an enabling environment for NGOs through examining national NGO legislation and its implementation and providing advice on how to bring national law and practice into line with Council of Europe standards and European good practice.

The Expert Council provides follow-up to a Recommendation adopted in 2007 by the Council of Europe's Committee of Ministers which sets a framework for the legal status of NGOs in Europe (CM/Rec(2007)14) and to the Council of Europe's commitment to the role of civil society in the promotion of democracy, human rights and the rule of law. It co-operates closely with other Council of Europe bodies, in particular the Venice Commission and the Commissioner for Human Rights

 Expert Council on NGO Law Brochure


 Key documents


 Current members of the Expert Council


 Studies by the Expert Council

Thematic studies

Country studies

  Croatia - Opinion on the Compatibility of Amendments to the Croatia Law on Associations and the Law on Foundations with European Standards (2023) - In English / In Croatian

 Italy - Opinion on the compatibility with European standards of Italian Decree Law No. 1 of 2 January 2023 on the management of migratory flows (2023) - In English / In Italian

Belarus - Opinion on the compatibility with international and regional standards of recent  amendments to the Belarusian legislation affecting NGOs (2022) - In English / In Belarusian

 France - Opinion on the compatibility with the European standards of the French Bill to ensure respect for the principles of the republic by all (Mar 2021) - In English / In French

 Russia - Opinion on the compatibility with European standards of recent and planned amendments to the Russian legislation affecting NGOs (Feb 2021) - In English / In Russian

 Greece - Addendum to thr Opinion on the compatability with European standards of recent and planned amendments to the Greek legislation on NGO registration (Nov 2020) - In English / In Greek

 Greece - Opinion on the compatability with European standards of recent and planned amendments to the Greek legislation on NGO registration (July 2020) - In English / In Greek

Turkey - Opinion on the compatibility of amendments to the Turkish law on associations with European standards (2020) - In English / In Turkish

Serbia - Opinion on the Draft Amendments to the Serbian Law on Access to Information of Public Utility (2018) - In English / In Serbian

Turkey - Opinion on the impact of the state of emergency on Freedom of Association in Turkey (2017) - In English / In Turkish

Hungary - Opinion on the Hungarian Draft Act on the Transparency of Organisations supported from abroad (2017) - In English

Romania - Opinion on the Romanian Draft Law 140/2017 on Associations and Foundations (2017) - In English

Cyprus - Civil Society in Cyprus: Building for the Future (2015) - In English

Russian Federation - Country study on NGO legislation in the Russian Federation (2015/2014/2013) - In English

Azerbaijan - Country study on NGO legislation in Azerbaijan (2014/2011/2009) - In English

News of the Expert Council

Back “Amendments to the Law on Associations of Turkey are problematic on both procedural and substantive accounts”

Expert Council on NGO Law of the Conference of INGOs
“Amendments to the Law on Associations of Turkey are problematic on both procedural and substantive accounts”

The Expert Council on NGO Law of the Conference of INGOs of the Council of Europe published an opinion that examines the compatibility with European standards of recently enacted amendments [1] to the Law on Associations of the Republic of Turkey (Law No. 5253, “Official Gazette”, No. 25649). The effect of these amendments is to require an association to notify the local administrative authority of any changes in its membership within thirty days or become liable to a penalty. The opinion concludes that the amendments to the Law on Associations are problematic on both procedural and substantive accounts. Thus, there was no ex-ante impact assessment and proper public discussion before their adoption, the sweeping membership notification requirement runs counter to the right to respect for private life and to freedom of association and the penalty that can be imposed fails to meet the legality and proportionality requirements under Article 11 of the European Court of Human Rights.

The Expert Council on NGO Law thus recommends that eh provisions that have been amended should be substantially revised so that any notification requirement and any penalty imposed for non-compliance with it are consistent with European standards.

 

[1] “Official Gazette” No. 31080, first repetitive version, March 26, 2020

 

Full version: Expert Council on NGO Law - Opinion on the compatibility of amendments to the Turkish law on associations with European standards - ENGLISH / TURKISH

 

Strasbourg 29 April 2020
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