NGO legislation in Malta in comparative perspective

Abstract

The Voluntary Sector in Malta is largely rooted in the work carried out by the Catholic Church, but it has evolved over the years to include organisations that promote the social, economic, political and environmental development of the country. For several years the sector was regulated through provisions which were scattered in several laws and it has survived with very little regulation. To better promote and develop the voluntary sector, a general legal framework was enacted in 2007, through the Voluntary Organisations Act. The Act contains important definitions, such as the definitions of: “voluntary organisation”, “non-profit making organisation” and “the social purpose of an organisation”. Such definitions are necessary as different countries use different terms to define voluntary organisations and their main objects, reflecting the diverse institutional and legal structures regulating the voluntary sector in various jurisdictions. Comparative studies of the voluntary sector may not so far have provided a universally recognised definition of voluntary organisations, or a legal structure that fits all countries; but they are nevertheless very useful for developing laws regulating the voluntary sector. This thesis compares the Maltese legal framework with the laws of another three EU members states which are England and Wales, Italy and France. These countries have laws that vary in their structure and content; but important similarities exist in regard to different aspects of the Maltese Voluntary Organisations Act. Studies on the legal framework in Malta and the EU are necessary as a means for developing the voluntary sector. The thesis aims at contributing towards such development of the sector. It seeks to analyse the common features of the four countries to outline how the Maltese system compares and suggests ways how to improve it.