Sooner or later, anyone who gets involved will come into contact with legal issues. Especially when it comes to founding an association, charitable status or political commitment - for example, against right-wing extremism. Unfortunately, these issues are often complicated and there is a lack of clear, practical support.
The initiative zivilgesellschaft-ist-gemeinnuetzig.de collects helpful information, experiences and concrete offers of support for precisely such cases. The site is aimed at associations, initiatives and committed individuals who would like legal protection or advice - without having to hire a law firm straight away.
Typical problems - and how the site can help
Many committed people report similar challenges:
- The statutes are not recognised as non-profit by the tax office.
- There are threats or attacks because of political involvement.
- Non-profit status is at stake, for example because of participation in demonstrations.
zivilgesellschaft-ist-gemeinnuetzig.de does not offer individual legal advice, but does provide a structured collection of help, legal assessments and addresses. The site also publicises political cases in order to raise awareness of structural problems.
Important offers at a glance
Alliance handouts on legal topics
Short, easy-to-understand explanations of frequently asked questions: What can a non-profit organisation say politically? How are articles of association recognised?
To the overview of the handouts
Finding lawyers - what matters
The page explains why specialised advice in non-profit law is difficult to find and gives tips on how to find the right support. Many law firms offer free initial consultations.
Free advice from other organisations
There are various contact points that provide legal assessments or initial consultations, for example on issues relating to articles of association or foundation plans.
Legal aid fund for attacks on non-profit status
Campaigners against right-wing extremism can be supported by a fund from Campact and the Gesellschaft für Freiheitsrechte (GFF) if their non-profit status is to be revoked.
More information here
Contact: gemeinnuetzig-gegen-rechts@freiheitsrechte.org
Counter-legal protection in the event of warnings and lawsuits
Anyone who is sued or warned because of articles, statements or projects can find access to advice and a support network via "Frag den Staat".
Legal advice from the DSEE
The German Foundation for Commitment and Volunteering (DSEE) offers free advice on questions relating to founding an association, articles of association and other legal issues.
Legal advice from the DSEE
"Gegenwind" support fund
The Amadeu Antonio Foundation offers financial support for security measures and legal advice in East Germany via the "Gegenwind" (headwind) support fund.
More information on the support fund
No-SLAPP contact point
This contact point supports organisations that are confronted with lawsuits due to publications. It provides initial assessments and contacts to specialised networks.
To the No-SLAPP contact point
Your own tax office as a point of contact
The tax office can also provide an initial assessment - for example on statutes or planned activities. Although the information is not binding, it is often helpful.
What are SLAPPs?
SLAPP stands for "Strategic Lawsuits Against Public Participation". Such lawsuits are intended to silence critical voices. They are often directed against media, activists or organisations - with the aim of deterring them through high costs and lengthy proceedings. Attempts to revoke the non-profit status of organisations can also be a means of exerting pressure.
The EU has now adopted an anti-SLAPP directive, which will be transposed into national law. Until then, counter-right protection or the No-SLAPP contact point can help.
Conclusion
Anyone who gets involved should be legally protected - especially when it comes to political issues. The website zivilgesellschaft-ist-gemeinnuetzig.de provides a helpful overview of legal issues and support services. One thing is clear: those who act courageously not only need an attitude, but also support. You can find both here.
