NGOs under European Convention on Human Rights / Tymofeyeva

competence on the subject matter. The practice of the ECSR confirms this conclusion. In the list of the complaints accepted under the collective complaints procedure, we will not find any submission from a commercial corporation or a political party. 130 The given explanation shows that, under the Charter, only international and national employers’ organisations and trade unions, INGOs and a very limited number of recognised national NGOs may submit a collective complaint to the ECSR. The separation into the four groups means that the category ‘NGO’ is different in each of these groups. The Charter distinguishes national and international NGOs. The trade unions and the organisations of employers are also not obligatory absorbed by the concept of the ‘NGO’. The requirement of having a particular competence in the matters governed by the Charter may further narrow the criteria for groups of national non-governmental organisations that are already restricted by means of the prerequisite of recognition. It, therefore, must not cover, for example, political parties or business structures. Moreover, the Additional Protocol gained entry into force only with respect to less than one third of the CoE member states 131 and only one country, Finland, made a precise declaration that it recognises the right of any representative “national non-governmental organisation within its jurisdiction which has particular competence in the matters governed by the Charter, to lodge complaints against it”. 132 In any case, from this explanation it can be derived that ‘NGOs’, which are not competent in the social rights system, would not be able to participate in the proceedings before the ECSR. The CoE also addressed the notion of NGO in its Recommendation CM/ Rec(2007)14 on the legal status of non-governmental organisations in Europe . 133 In this document, we find the following definition of the term ‘NGO’: “For the purpose of this recommendation, NGOs are voluntary self-governing bodies or organisations established to pursue the essentially non-profit-making objectives of their founders or members. They do not include political parties”. 134 It is clearly stated that political parties may not be considered to be NGOs. As to the ‘non-profit-making objectives’, the Recommendation CM/Rec(2007)14 further clarifies that NGOs may obtain income, but they should not distribute any profits which might arise from their activities to their members or founders. 135 However, it is possible for them to use the finances for the pursuit of their objectives. In addition, NGOs should be free to 131 Signatures and ratifications of the European Social Charter, its Protocols and the European Social Charter (revised). Situation at 26 March 2013. URL: accessed 16 February 2015. 132 List of declarations made with respect to the Additional Protocol to the European Social Charter ProvidingforaSystemofCollectiveComplaints.Statusasof19February2014.URL: accessed 16 February 2015. 133 Recommendation CM/Rec(2007)14 of the Committee of Ministers to member states on the legal status of non-governmental organisations in Europe, 10 October 2007. 134 Article I. Basic principles of the Recommendation CM/Rec(2007)14, ibid . 135 Ibid. 130 Collective Complaints list. URL: accessed 20 July 2015.

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