The European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations was concluded at Strasbourg on 24 April 1986. Signatories: member States of the Council of Europe. Authentic texts: English and French, a single original in the Council’s archives. Depositary: the Secretary General. The Palais de l’Europe, the seat at the time, dates from 1977. The DONE formula is not transcribed.
The preamble recognises the work of international NGOs in scientific, cultural, charitable, health and education fields, in the service of the UN Charter and the Statute of the Council. The Convention lays down rules for recognition of legal personality, to facilitate their activities at European level. Article 1 applies to associations, foundations and other private institutions with a non-profit-making aim of international utility, established by an instrument of the internal law of a Party, active in at least two States, with their statutory office in a Party and central management in that Party or another. This is not a registration or tax guide.
Article 2: legal personality and capacity acquired in the Party of the statutory office are recognised as of right in the others; restrictions of essential public interest in the recognising Party remain applicable. Article 3: proof is by the constitutional instruments and publicity documents of the State which granted personality; an optional publicity system may dispense with proof for each transaction. Article 4 allows exclusion if the object, purpose or actual activity contravenes national security, public safety, health, morals or the rights of others, or jeopardises relations with another State or peace. Article 9 forbids reservations.
Article 5: open to Council members, with or without reservation as to ratification. Article 6: entry into force on the first day of the month following three months after three member States have consented to be bound. For the Council, 1 January 1991. Accession by non-members is by invitation of the Committee of Ministers (Art. 7). Territorial extension and denunciation follow the same three-month terms (Arts. 8 and 10). The register source is the old conventions.coe.int page; the working text is the ETS 124 PDF on rm.coe.int.
Cover: Palais de l’Europe, Strasbourg, the Council’s seat at the date of signature; no claim is made to the ceremony. Wikimedia Commons, free licence.
Sources consulted: European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations; European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations (ETS No. 124).
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