NONPROFIT OVERSIGHT UNDER SIEGE: EUROPEAN NON-PROFIT OVERSIGHT: THE CASE FOR REGULATING FROM THE OUTSIDE IN.
In: Chicago-Kent Law Review, Jg. 91 (2016), S. 991
Online
academicJournal
Introduction When it comes to the regulation of non-profits in a European context, some explanation is always required. First, what do we mean by European? Is it meant as a shorthand term for the individual approaches of the various Member States, all 28 of which comprise the European Union? Or, does it refer more specifically to the institutional confederated approach of the EU, acting through the auspices of the European Commission or expressing its views through the European Council or Parliament? Adopting the first approach leads to a kaleidoscope of events and developments as each Member State, as we shall see, retains sovereignty to regulate charities in accordance with its own national laws and policies. The fact that European countries operate under either a common law or civil law legal system adds another layer of complexity to the regulatory scene and results in Member States lacking a common regulatory language and culture when it comes to promulgating non-profit laws. Even within single Member States, there can be additional wrinkles when discussion turns to the enforcement of charity law. In the United Kingdom alone, one finds three different pieces of charity legislation, creating three different charity regulators; each jurisdiction with its own nuanced way of applying the law. 1 If, instead, one chooses to descend down the rabbit hole of the "European regulation of non-profits," an equally murky world emerges. The European Union draws its competency from those areas of law, which under its treaties Member States have ceded ...
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NONPROFIT OVERSIGHT UNDER SIEGE: EUROPEAN NON-PROFIT OVERSIGHT: THE CASE FOR REGULATING FROM THE OUTSIDE IN.
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Autor/in / Beteiligte Person: | Breen, Oonagh B. |
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Zeitschrift: | Chicago-Kent Law Review, Jg. 91 (2016), S. 991 |
Veröffentlichung: | 2016 |
Medientyp: | academicJournal |
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