"This book is the first attempt to present the significance of nongovernmental organizations (NGOs) in the light of the postulate of democratization of the European Union's internal procedures and of strengthening the European identity by structuring cooperation of civil society representatives across national borders. Amid widespread awareness and discussion of 'the democratic deficit' and 'shrinking civil space,' the role of NGOs becomes increasingly important. Yet the precise legal status of such bodies is ill-defined. This book presents a thorough commentary and analysis of the position of NGOs and European civil society in the EU constitutional system, bringing to the fore existing and desirable means of public participation in EU lawmaking"--
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.
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.
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).
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.
Broadly speaking, The Oxford Handbook of Civil Society views the topic of civil society through three prisms: as a part of society (voluntary associations), as a kind of society (marked out by certain social norms), and as a space for citizen action and engagement (the public square or sphere).
Civil Society Organizations (CSOs) can make a vital contribution to public health and health systems but harnessing their potential is complex in a Europe where government-CSO relations vary so profoundly. This study is intended to outline some of the challenges and assist policy-makers in furthering their understanding of the part CSOs can play in tandem and alongside government. To this end it analyses existing evidence and draws on a set of seven thematic chapters and six mini case studies. They examine experiences from Austria Bosnia-Herzegovina Belgium Cyprus Finland Germany Malta the Netherlands Poland the Russian Federation Slovenia Turkey and the European Union and make use of a single assessment framework to understand the diverse contexts in which CSOs operate. The evidence shows that CSOs are ubiquitous varied and beneficial and the topics covered in this study reflect such diversity of aims and means: anti-tobacco advocacy food banks refugee health HIV/AIDS prevention and cure and social partnership. CSOs make a substantial contribution to public health and health systems with regards to policy development service delivery and governance. This includes evidence provision advocacy mobilization consensus building provision of medical services and of services related to the social determinants of health standard setting self-regulation and fostering social partnership. However in order to engage successfully with CSOs governments do need to make use of adequate tools and create contexts conducive to collaboration. To guide policy-makers working with CSOs through such complications and help avoid some potential pitfalls the book outlines a practical framework for such collaboration. This suggests identifying key CSOs in a given area; clarifying why there should be engagement with civil society; being realistic as to what CSOs can or will achieve; and an understanding of how CSOs can be helped to deliver.
Exploring the constitutional and the administrative law dimensions of the developing European market governance, this volume considers the changes which have occurred from the perspective of both legal and social theory.
It is often argued that the enhanced consultation of civil society contributes to the democratization of European and global governance. This collection investigates whether this theoretical argument is supported by empirical evidence. Ten original essays analyze current patterns of civil society consultation in 32 intergovernmental organizations.
The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s. The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.
