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Albania Questionnaire
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Albania Questionnaire
Albania Grading Indicators
Albania Grading Indicators
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Area 1: Basic Legal Guarantees of Freedoms
Sub area 1.1 - Freedom of association
Standard 1.1.1. All individuals and legal entities can freely establish and participate in informal and/or registered organizations offline and online
Legislation
1) There is a legal framework according to which any person can establish associations, foundations and other types of non-profit, non-governmental entities (e.g., non-profit company) for any purpose.
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2) The legal framework allows both individual and legal persons to exercise this right without discrimination (age, nationality, legal capacity, gender etc).
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3) Registration is not mandatory, and in cases when organizations decide to register, the registration rules are clearly prescribed and allow for easy, timely and inexpensive registration and appeal process.
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4) The law allows for networking among organizations in the countries and abroad without prior notification.
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Practice
1) Every individual or legal entity in practice can form associations, foundations or other non-profit, non-governmental organizations offline or online.
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2) Individuals and legal entities are not sanctioned for not-registering their organizations.
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3) Registration is truly accessible within the legally prescribed deadlines; authorities decide on cases in non-subjective and apolitical manner.
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4) Individuals and CSOs can form and participate in networks and coalitions, within and outside their home countries.
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Standard 1.1.1 Legislation
Standard 1.1.1 Practice
Standard 1.1.1 Total Score
Summary of standard 1.1.1
Standard 1.1.2. CSOs operate freely without unwarranted state interference in their internal governance and activities
Legislation
1) The legal framework provides guarantees against state interference in internal matters of associations, foundations and other types of non-profit entities.
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2) The state provides protection from interference by third parties.
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3) Financial reporting (including money laundering regulations) and accounting rules take into account the specific nature of the CSOs and are proportionate to the size of the organization and its type/scope of activities.
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4) Sanctions for breaching legal requirements should be based on applicable legislation and follow the principle of proportionality.
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5) The restrictions and the rules for dissolution and termination meet the standards of international law and are based on objective criteria which restrict arbitrary decision making.
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Practice
1) There are no cases of state interference in internal matters of associations, foundations and other types of non-profit entities.
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2) There are no practices of invasive oversight which impose burdensome reporting requirements.
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3) Sanctions are applied in rare/extreme cases they are proportional and are subject to a judicial review.
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Standard 1.1.2 Legislation
Standard 1.1.2 Practice
Standard 1.1.2 Total Score
Summary of standard 1.1.2
Standard 1.1.3. CSOs can freely seek and secure financial resources from various domestic and foreign sources to support their activities
Legislation
1) Legislation allows CSOs to engage in economic activities.
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2) CSOs are allowed to receive foreign funding.
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3) CSOs are allowed to receive funding from individuals, corporations and other sources.
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Practice
1) Legislation on CSOs engaging in economic activities is implemented and is not burdensome for CSOs.
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2) There are no restrictions (e.g. administrative or financial burden, preapprovals, or channeling such funds via specific bodies) on CSOs to receive foreign funding.
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3) Receipt of funding from individuals, corporations and other sources is easy, effective and without any unnecessary cost or administrative burden.
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Standard 1.1.3 Legislation
Standard 1.1.3 Practice
Standard 1.1.3 Total Score
Summary of standard 1.1.3
Sub Area 1.1. Freedom of association totals
Sub Area 1.1 Legislation Score
Sub Area 1.1 Practice Score
Sub Area 1.1 Total Score
Sub area 1.2 - Related freedoms
Standard 1.2.1. CSO representatives, individually or through their organization, enjoy freedom of peaceful assembly
Legislation
1) The legal framework is based on international standards and provides the right for freedom of assembly for all without any discrimination.
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2) The laws recognize and do not restrict spontaneous, simultaneous and counter-assemblies.
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3) The exercise of the right is not subject to prior authorization by the authorities, but at the most to a prior notification procedure, which is not burdensome.
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4) Any restriction of the right based on law and prescribed by regulatory authority can be appealed by organizers.
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Practice
1) There are no cases of encroachment of the freedom of assembly, and any group of people can assemble at desired place and time, in line with the legal provisions.
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2) Restrictions are justified with explanation of the reason for each restriction, which is promptly communicated in writing to the organizer to guarantee the possibility of appeal.
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3) Simultaneous, spontaneous and counter-assemblies can take place, and the state facilitates and protects groups to exercise their right against people who aim to prevent or disrupt the assembly.
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4) There are cases of freedom of assembly practiced by CSOs (individually or through their organizations) without prior authorization; when notification is required it is submitted in a short period of time and does not limit the possibility to organize the assembly.
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5) No excessive use of force is exercised by law enforcement bodies, including pre-emptive detentions of organizers and participants.
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6) Media should have as much access to the assembly as possible.
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Standard 1.2.1 Legislation
Standard 1.2.1 Practice
Standard 1.2.1 Total Score
Summary of standard 1.2.1
Standard 1.2.2. CSO representatives, individually or through their organizations enjoy freedom of expression
Legislation
1) The legal framework provides freedom of expression for all.
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2) Restrictions, such as limitation of hate speech, imposed by legislation are clearly prescribed and in line with international law and standards.
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3) Libel is a misdemeanor rather than part of the penal code.
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Practice
1) CSO representatives, especially those from human rights and watch dog organizations enjoy the right to freedom of expression on matters they support and they are critical of.
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2) There are no cases of encroachment of the right to freedom of expression for all.
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3) There are no cases where individuals, including CSO representatives would be persecuted for critical speech, in public or private.
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4) There is no sanction for critical speech, in public or private, under the penal code.
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Standard Legislation 1.2.2
Standard Practice 1.2.2
Standard 1.2.2 Total Score
Summary of standard 1.2.2
Standard 1.2.3. Civil society representatives, individually and through their organizations, have the rights to safely receive and impart information through any media
Legislation
1) The legal framework provides the possibility to communicate via and access any source of information, including the Internet and ICT; if there are legal restrictions, these are exceptional, limited and based on international human rights law.
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2) The legal framework prohibits unjustified monitoring of communication channels, including Internet and ICT, or collecting users’ information by the authorities.
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Practice
1) There are no cases in practice where restrictions are imposed on accessing any source of information, including the Internet or ICT.
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2) The Internet is widely accessible and affordable
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3) There is no practice or cases of unjustified monitoring by the authorities of communication channels, including the Internet or ICT, or of collecting users’ information.
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4) There are no cases of police harassment of members of social network groups.
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Standard 1.2.3 Legislation
Standard 1.2.3 Practice
Standard 1.2.3 Total Score
Summary of standard 1.2.3
Sub Area 1.2. Related freedoms totals
Sub Area 1.2 Legislation
Sub Area 1.2 Practice
Sub Area 1.2 Total Score
Area 2: Framework for CSOs' Financial Viability and Sustainability
Sub area 2.1 - Tax/fiscal treatment for CSOs and their donors
Standard 2.1.1. Tax benefits are available on various income sources of CSOs
Legislation
1) The law provides tax free treatment for all grants and donations supporting non-for-profit activity of CSOs.
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2) The law provides tax benefits for economic activities of CSOs.
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3) The law provides tax benefits for passive investments of CSOs.
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4) The law allows the establishment of and provides tax benefits for endowments.
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Practice
1) There is no direct or indirect (hidden) tax on grants reported.
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2) Tax benefits for economic activities of CSOs are effective and support the operation of CSOs.
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3) Passive investments are utilized by CSOs and no sanctions are applied in doing so.
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4) Endowments are established without major procedural difficulties and operate freely, without administrative burden nor high financial cost.
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Standard 2.1.1 Legislation
Standard 2.1.1 Practice
Standard 2.1.1 Total Score
Summary of standard 2.1.1
Standard 2.1.2. Incentives are provided for individual and corporate giving
Legislation
1) The law provides tax deductions for individual and corporate donations to CSOs.
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2) There are clear requirements/conditions for receiving deductible donations and these include a wide range of publicly beneficial activities.
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3) State policies regarding corporate social responsibility consider the needs of CSOs and include them in their programs.
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Practice
1) There is a functional procedure in place to claim tax deductions for individual and corporate donations.
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2) CSOs are partners to the state in promoting CSR.
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3) CSOs working in the main areas of public interest, including human rights and watchdog organizations, effectively enjoy tax deductible donations.
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Standard 2.1.2 Legislation
Standard 2.1.2 Practice
Standard 2.1.2 Total Score
Summary of standard 2.1.2
Sub Aria 2.1. Tax/fiscal treatment for CSOs and their donors totals
Sub Area 2.1 Legislation Score
Sub Area 2.1 Practice Score
Sub Area 2.1 Total Score
Sub area 2.2 - State support
Standard 2.2.1. Public funding is available for institutional development of CSOs, project support and co-financing of EU and other grants
Legislation
1) There is a law or national policy (document) that regulates state support for institutional development for CSOs, project support and co-financing of EU funded projects.
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2) There is a national level mechanism for distribution of public funds to CSOs.
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3) Public funds for CSOs are clearly planned within the state budget.
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4) There are clear procedures for CSO participation in all phases of the public funding cycle.
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Practice
1) Available public funding responds to the needs of the CSO sector.
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2) There are government bodies with a clear mandate for distribution and/or monitoring of the distribution of state funding.
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3) Funding is predictable, not cut drastically from one year to another; and the amount in the budget for CSOs is easy to identify.
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4) CSO participation in the public funding cycle is transparent and meaningful.
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Standard 2.2.1 Legislation
Standard 2.2.1 Practice
Standard 2.2.1 Total Score
Summary of standard 2.2.1
Standard 2.2.2. Public funding is distributed in a prescribed and transparent manner
Legislation
1) The procedure for distribution of public funds is transparent and legally binding.
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2) The criteria for selection are clear and published in advance.
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3) There are clear procedures addressing issues of conflict of interest in decision-making.
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Practice
1) Information relating to the procedures for funding and information on funded projects is publicly available.
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2) State bodies follow the procedure and apply it in a harmonized way.
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3) The application requirements are not too burdensome for CSOs.
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4) Decisions on tenders are considered fair and conflict of interest situations are declared in advance.
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Standard 2.2.2 Legislation
Standard 2.2.2 Practice
Standard 2.2.2 Total Score
Summary of standard 2.2.2
Standard 2.2.3. There is a clear system of accountability, monitoring and evaluation of public funding
Legislation
1) The procedure for distribution of public funds prescribes clear measures for accountability, monitoring and evaluation.
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2) There are prescribed sanctions for CSOs that misuse funds which are proportional to the violation of procedure.
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Practice
1) Monitoring is carried out continuously and in accordance with predetermined and objective indicators.
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2) Regular evaluation of effects/impact of public funds is carried out by state bodies and is publicly available.
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Standard 2.2.3 Legislation
Standard 2.2.3 Practice
Standard 2.2.3 Total Score
Summary of standard 2.2.3
Standard 2.2.4. Non-financial support is available from the state
Legislation
1) Legislation allows state authorities to allocate non-financial support, such as state property, renting space without financial compensation (time-bound), free training, consultations and other resources, to CSOs.
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2) The non-financial support is provided under clearly prescribed processes, based on objective criteria and does not privilege any group.
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Practice
1) CSOs use non-financial state support.
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2) CSOs are treated in an equal or more supportive manner as compared to other actors when providing state non-financial resources.
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3) There are no cases of state authorities granting non-financial support only to CSOs which do not criticize its work; or of cases of depriving critical CSOs of support; or otherwise discriminating based on loyalty, political affiliation or other unlawful terms.
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Standard 2.2.4 Legislation
Standard 2.2.4 Practice
Standard 2.2.4 Total Score
Summary of standard 2.2.4
Sub Aria 2.2. State support totals
Sub Area 2.2 Legislation Score
Sub Area 2.2 Practice Score
Sub Area 2.2 Total Score
Sub area 2.3 - Human resources
Standard 2.3.1. CSOs are treated in an equal manner to other employers
Legislation
1) CSOs are treated in an equal manner to other employers by law and policies.
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Practice
1) If there are state incentive programs for employment, CSOs are treated like all other sectors.
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2) There are regular statistics on the number of employees in the non-profit sector.
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Standard 2.3.1 Legislation
Standard 2.3.1 Practice
Standard 2.3.1 Total Score
Summary of standard 2.3.1
Standard 2.3.2. There are enabling volunteering policies and laws
Legislation
1) Legislation stimulates volunteering and incorporates best regulatory practices, while at the same time allowing for spontaneous volunteering practices.
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2) There are incentives and state supported programs for the development and promotion of volunteering.
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3) There are clearly defined contractual relationships and protections covering organized volunteering.
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Practice
1) Incentives and programs are transparent and easily available to CSOs and the policy/strategic document/ law is fully implemented, monitored and evaluated periodically in a participatory manner.
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2) Administrative procedures for organizers of volunteer activities or volunteers are not complicated and are without any unnecessary costs.
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3) Volunteering can take place in any form; there are no cases of complaints of restrictions on volunteering.
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Standard 2.3.2 Legislation
Standard 2.3.2 Practice
Standard 2.3.2 Total Score
Summary of standard 2.3.2
Standard 2.3.3. The educational system promotes civic engagement
Legislation
1) Non-formal education is promoted through policy/strategy/laws.
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2) Civil society-related subjects are included in the official curriculum at all levels of the educational system.
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Practice
1) The educational system includes possibilities for civic engagement in CSOs.
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2) Provision of non-formal education by CSOs is recognized.
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Standard 2.3.3 Legislation
Standard 2.3.3 Practice
Standard 2.3.3 Total Score
Summary of standard 2.3.3
Sub Area 2.3. Human resources totals
Sub Area 2.3 Legislation Score
Sub Area 2.3 Practice Score
Sub Area 2.3 Total Score
Area 3: Government – CSO Relationship
Sub area 3.1 - Framework and practices for cooperation
Standard 3.1.1. The State recognizes, through policies and strategies, the importance of the development of and cooperation with the sector
Legislation
1) There are strategic documents dealing with the state-CSO relationship and civil society development.
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2) The strategic document includes goals and measures as well as funding available and clear allocation of responsibilities (action plans incl. indicators).
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3) The strategic document embraces measures that have been developed in consultation with and/or recommended by CSOs.
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Practice
1) CSOs from different areas of interest regularly participate in all phases of the strategic document development, implementation and evaluation.
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2) There are examples demonstrating that cooperation between state and CSOs and civil society development is improved and implemented according to or beyond the measures envisaged in the strategic document.
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3) The implementation of the strategic document is monitored, evaluated and revised periodically.
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4) State policies for cooperation between state and CSOs and civil society development are based on reliable data collected by the national statistics taking into consideration the diversity of the sector.
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Standard 3.1.1 Legislation
Standard 3.1.1 Practice
Standard 3.1.1 Total Score
Summary of standard 3.1.1
Standard 3.1.2. The State recognizes, through the operation of its institutions, the importance of the development of and cooperation with the sector
Legislation
1) There is a national level institution or mechanism with a mandate to facilitate cooperation with civil society organizations (e.g., Unit/Office for cooperation; contact points in ministries; council).
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2) There are binding provisions on the involvement of CSOs in the decisions taken by the competent institution or mechanism(s).
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Practice
1) The national level institution or mechanism(s) has sufficient resources and mandate for facilitating CSO-government dialogue, discussing the challenges and proposing the main policies for the development of Civil Society.
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2) CSOs are regularly consulted and involved in processes and decisions by the competent institution or mechanism(s).
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Standard 3.1.2 Legislation
Standard 3.1.2 Practice
Standard 3.1.2 Total Score
Summary of standard 3.1.2
Sub Aria 3.1.Framework and practices for cooperation totals
Sub Area 3.1 Legislation Score
Sub Area 3.1 Practice Score
Sub Area 3.1 Total Score
Sub area 3.2 - Involvement in policy- and decision-making processes
Standard 3.2.1. There are standards enabling CSO involvement in decision-making, which allow for CSO input in a timely manner
Legislation
1) There are clearly defined standards on the involvement of CSOs in the policy and decision making processes in line with best regulatory practices prescribing minimum requirements which every policy-making process needs to fulfill.
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2) State policies provide for educational programs/trainings for civil servants on CSO involvement in the work of public institutions.
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3) Internal regulations require specified units or officers in government, line ministries or other government agencies to coordinate, monitor and report CSO involvement in their work.
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Practice
1) Public institutions routinely invite all interested CSOs to comment on policy/legal initiatives at an early stage.
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2) CSOs are provided with adequate information on the content of the draft documents and details of the consultation with sufficient time to respond.
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3) Written feedback on the results of consultations is made publicly available by public institutions, including reasons why some recommendations were not included.
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4) The majority of civil servants in charge of drafting public policies have successfully completed the necessary educational programs/training.
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5) Most of the units/officers coordinating and monitoring public consultations are functional and have sufficient capacity.
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Standard 3.2.1 Legislation
Standard 3.2.1 Practice
Standard 3.2.1 Total Score
Summary of standard 3.2.1
Standard 3.2.2. All draft policies and laws are easily accessible to the public in a timely manner
Legislation
1) Existing legislation obliges public institutions to make all draft and adopted laws and policies public, and exceptions are clearly defined and in line with international norms and best practices.
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2) Clear mechanisms and procedures for access to public information/documents exist.
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3) There are clearly prescribed sanctions for civil servants/units for breaching the legal requirements on access to public information.
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Practice
1) Public institutions actively publish draft and adopted laws and policies, unless they are subject to legally prescribed exceptions.
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2) Public institutions answer the majority of requests for access to public information within the deadline prescribed by law, in a clear format, provide written explanations on the reasons for refusal, and highlight the right to appeal and the procedure for appealing.
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3) Cases of violations of the law are sanctioned.
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Standard 3.2.2 Legislation
Standard 3.2.2 Practice
Standard 3.2.2 Total Score
Summary of standard 3.2.2
Standard 3.2.3. CSO representatives are equal partners in discussions in cross-sector bodies and are selected through clearly defined criteria and processes
Legislation
1) Existing legislation requires public institutions to invite CSO representatives on to different decision-making and/or advisory bodies created by public institutions.
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2) There are clear guidelines on how to ensure appropriate representation from civil society, based on transparent and predetermined criteria.
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Practice
1) Decision-making and advisory bodies on issues and policies relevant for civil society generally include CSO representatives.
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2) CSO representatives in these bodies are enabled to freely present and defend their positions, without being sanctioned.
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3) CSO representatives are selected through selection processes which are considered fair and transparent.
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4) Participation in these bodies does not prevent CSOs from using alternative ways of advocacy or promoting alternative stand-points which are not in line with the position of the respective body.
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Standard 3.2.3 Legislation
Standard 3.2.3 Practice
Standard 3.2.3 Total Score
Summary of standard 3.2.3
Sub Aria 3.2.Involvement in policy- and decision-making processes totals
Sub Area 3.2 Legislation
Sub Area 3.2 Practice
Sub Area 3.2 Total Score
Sub area 3.3 - Collaboration in service provision
Standard 3.3.1. CSOs are engaged in different services and compete for state contracts on an equal basis to other providers
Legislation
1) Existing legislation allows CSOs to provide services in various areas, such as education, healthcare, social services.
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2) CSOs have no barriers to providing services that are not defined by law (“additional” services).
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3) Existing legislation does not add additional burdensome requirements on CSOs that do not exist for other service providers.
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Practice
1) CSOs are able to obtain contracts in competition with other providers and are engaged in various services (e.g., education, health, research, and training).
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2) CSOs are included in all stages of developing and providing services (needs assessment, determining the services that best address the needs, monitoring and evaluation).
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3) When prior registration/licensing is required, the procedure for obtaining that is not overly burdensome.
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Standard 3.3.1 Legislation
Standard 3.3.1 Practice
Standard 3.3.1 Total Score
Summary of standard 3.3.1
Standard 3.3.2. The state has committed to funding services and the funding is predictable and available over a longer-term period
Legislation
1) The budget provides funding for various types of services which could be provided by CSOs, including multi-year funding.
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2) There are no legal barriers to CSOs receiving public funding for the provision of different services (either through procurement or through another contracting or grants mechanism).
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3) CSOs can sign long-term contracts for provision of services
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Practice
1) CSOs are recipients of funding for services.
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2) CSOs receive sufficient funding to cover the basic costs of the services they are contracted to provide, including proportionate institutional (overhead) costs.
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3) There are no delays in payments and the funding is flexible with the aim of providing the best quality of services.
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Standard 3.3.2 Legislation
Standard 3.3.2 Practice
Standard 3.3.2 Total Score
Summary of standard 3.3.2
Standard 3.3.3. The state has clearly defined procedures for contracting services which allow for transparent selection of service providers, including CSOs
Legislation
1) There is a clear and transparent procedure through which the funding for services is distributed among providers.
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2) Price is not the lead criterion for selection of service providers and best value is determined by both service quality and a financial assessment of contenders.
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3) There are clear guidelines on how to ensure transparency and avoid conflict of interests.
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4) There is a right to appeal against competition results.
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Practice
1) Many services are contracted to CSOs.
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2) Competitions are considered fair and conflicts of interest are avoided.
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3) State officials have sufficient capacity to organize the procedures.
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Standard 3.3.3 Legislation
Standard 3.3.3 Practice
Standard 3.3.3 Total Score
Summary of standard 3.3.3
Standard 3.3.4. There is a clear system of accountability, monitoring and evaluation of service provision
Legislation
1) There is legal possibility for monitoring both spending and the quality of service providers.
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2) There are clear quality standards and monitoring procedures for services.
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Practice
1) CSOs are not subject to excessive control.
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2) Monitoring is performed on a regular basis according to pre-announced procedures and criteria.
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3) Regular evaluation of quality and effects/impact of services provided is carried out and publicly available
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Standard 3.3.4 Legislation
Standard 3.3.4 Practice
Standard 3.3.4 Total Score
Summary of standard 3.3.4
Sub Aria 3.3. Collaboration in service provision totals
Sub Area 3.3 Legislation
Sub Area 3.3 Practice
Sub Area 3.3 Total Score
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