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Accountability and Supervision

Examples of Good Practices

  • Law on Associations (7 April 1989, as amended) [Poland]

    Article 28.

    If the supervising agency concludes that activities of an association break the law or violate the provisions of its statute, as specified in Article 10, sections 1 and 2, depending on the kind and degree of the offense it may: demand a correction within a specified period of time; give a warning to authorities of the association, or file a suit a against the association demanding that one of the measures specified in Article 29 below be applied.

    Article 29.

    1. Following a motion from the supervising agency or the public prosecutor, the court may:
       1) give a warning to authorities of the foundation;
       2) abrogate resolution of the association that violates the law or the statute;
       3) dissolve the association if its activities shockingly and permanently violate the law or provisions of the statute and there are no conditions to assure that future activities of the association will comply with the law or the statute.

     

  • Law On Public Organisations and Associations Thereof (15 December 1992, as amended) [Latvia]

     

    IV. Activities of Public Organisations and Associations Thereof

    Section 16. Public Activities

    (...) If a public organisation or association of public organisations performs State functions, it has the following duties:
       1) to provide opinions at the request of the State and local government institutions in matters related to the State functions transferred to the relevant public organisation or association of public organisations; and
       2) to examine submissions, complaints and proposals of natural or legal persons in accordance with the procedures specified by law;

    Section 26. Warning regarding Termination of Illegal Activity

    If State institutions determine that a public organisation (a division of the public organisation) or an association of public organisations does not comply with the laws or other regulatory enactments, such institutions shall notify the permanently functioning management body or the head of the relevant public organisation or association of public organisations in writing and shall request that the illegal activity be terminated.
    If a territorial division of the public organisation does not comply with the laws or other regulatory enactments, a warning shall be sent to the relevant territorial division and the permanently functioning management body or the head of the public organisation.

    Section 27. Complaints regarding Activities of Public Organisations or Associations of Public Organisations that are Illegal or do not Comply with the Articles of Association

    Complaints regarding illegal establishment of public organisations or associations of public organisations, as well as activities that are illegal or do not comply with the articles of association, liquidation or reorganisation shall be reviewed by a court at the request of the members of the relevant public organisation or association of public organisations or an application of the Minister for Justice. If the court, in examining such complaint, determines violations of laws or the articles of association, it may:
       1) revoke the decisions taken by an institution or official of the public organisation or association of public organisations, which are illegal or do not comply with the articles of association;
       2) void officials or institutions the election of which does not comply with the articles of association; and
       3) assign the public organisation or association of public organisations to prevent other illegal activities or violations of the articles of association.

     

  • Law on Associations (Official Gazette of the Republic of Croatia, No. 88 of October 11, 2001)

     

    V. ADMINISTRATIVE AND INSPECTION SUPERVISION

    Article 26 - Competent supervisory bodies

    (1) Members of the association shall supervise the activities of the association. If a member of the association notices shortcomings in the association’s complying with its statute he/she may inform the authorized body of the associations, or in case that the statute does not envisage such body, the Assembly of the association. If the information is not considered by the statutory body or the Assembly within 30 days from the moment it was received and the shortcomings remained, the members have a right to file a suite with the competent county court in order to protect his/hers membership rights.
    (2) Administrative supervision of the enforcement of this Law and regulations issued according to the Law shall be carried out by the ministry competent for general state administration.
    (3) Inspection supervision shall be carried out by the county.

    Article 27 - Procedure of inspection supervision

    (1) If state official empowered for inspection supervision over associations establishes that association has violated this Law or other laws, he may:
      1. order the elimination of detected shortcomings and irregularities in specified time-limit,
      2. instigate offence proceedings.

    (2) State official of county office shall immediately inform the body of state administration in whose jurisdiction fall statutory goals of association of the taken measures in accordance with paragraph 1. If the official of the competent state administrative takes measures from the competence of that body, or if it starts offence procedure, he has a duty to immediately inform the county office.

     

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