1st_council_meeting_2015:statutes_changes:polish
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1st_council_meeting_2015:statutes_changes:polish [2015/06/14 01:31] – [Members] vojtechpikal | 1st_council_meeting_2015:statutes_changes:polish [2015/06/20 21:31] – [Board] vojtechpikal | ||
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(1) The number of members is unlimited, but may not be less than five Ordinary | (1) The number of members is unlimited, but may not be less than five Ordinary | ||
- | (2) All Members, except for natural persons, shall be legal entities constituted according to the laws and customs of their country of origin. If a member does not possess legal personality according to the laws and customs of its country of origin, it must appoint a natural | + | (2) All Members, except for natural persons, shall be legal entities constituted according to the laws and customs of their country of origin. If a member does not possess legal personality according to the laws and customs of its country of origin, it must appoint a natural |
(3) There are two categories of members: Ordinary Members and Observer Members. | (3) There are two categories of members: Ordinary Members and Observer Members. | ||
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* (iv) accept and intend to comply with the regulations of these Statutes and orders of its bodies and | * (iv) accept and intend to comply with the regulations of these Statutes and orders of its bodies and | ||
* (v) strive for similar political goals as the Association and are closely linked to it. | * (v) strive for similar political goals as the Association and are closely linked to it. | ||
- | * e) The Pirate Group in the European Parliament and the European Pirate | + | * e) The Pirate Group in the European Parliament and the European Pirate |
+ | * f) and each Pirate Member of the European Parliament. | ||
(2) They have the following obligations: | (2) They have the following obligations: | ||
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(4) A suspended member is obliged to uphold its financial obligations to the Association. The suspended member may attend meetings of the Association | (4) A suspended member is obliged to uphold its financial obligations to the Association. The suspended member may attend meetings of the Association | ||
- | (5) The exclusion of a member is also decided by the Council. The exclusion | + | (5) The exclusion of a member is also decided by the Council. The exclusion |
- | (6) A proposal for suspension or expulsion | + | (6) A proposal for suspension or exclusion |
(7) All decisions on the suspension and exclusion of a member are taken by a three-quarter majority. The concerned members may not vote on such a decision. | (7) All decisions on the suspension and exclusion of a member are taken by a three-quarter majority. The concerned members may not vote on such a decision. | ||
- | (8) The names of the concerned parties, organisations or individuals on whose suspension or exclusion the Council will vote and the grounds on which the proposed suspension or expulsion is based shall be named in the agenda of the meeting and sent to all Council members with the invitation. If this was not done, the non-attending Council members shall be allowed to send their vote on the suspensions and exclusions after the Council meeting. The concerned member shall have the opportunity to plead its case during the Council meeting and hand out a statement which shall be published with the minutes of the Council meeting. | + | (8) The names of the concerned parties, organisations or individuals on whose suspension or exclusion the Council will vote and the grounds on which the proposed suspension or expulsion is based shall be named in the agenda of the meeting and sent to all Council members with the invitation. If this was not done, the non-attending Council members shall be allowed to send their vote on the suspensions and exclusions after the Council meeting. The concerned member shall have the opportunity to plead its case during the Council meeting and hand out a statement which shall be published with the minutes of that Council meeting. |
- | (9) The suspension or exclusion decision sets forth the grounds on which the suspension or expulsion is based but apart from that, the decision does not need to be justified, but it shall give reasons. A copy of the letter?decision? shall be sent to the expelled member by registered letter, within 15 calendar days. | + | (9) The suspension or exclusion decision sets forth the grounds on which the suspension or expulsion is based but apart from that, the decision does not need to be justified, but it shall give reasons. A copy of the decision shall be sent to the expelled member by registered letter within 15 calendar days. |
== Death, dissolution, | == Death, dissolution, | ||
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=== Article 13 – Membership Fees === | === Article 13 – Membership Fees === | ||
- | (1) A fee is requested of the Ordinary Members. | + | (1) A fee is requested of the Ordinary Members. |
- | (2) The annual Membership Fees of the Association' | + | == Amounth == |
+ | (2) The amount | ||
- | (3) The basis fee will be multiplied by the number | + | (3) The Treasurer |
- | (4) After the conditions listed in Art. 24 (Transitional Clause) are fulfilled, the Association will make a new decision | + | (4) The annual Membership Fees of the Ordinary Members consist of a basic fee and an additional part based on decision of the Council. The basis fee is multiplied by the number of additional and supplementary votes of each Ordinary Member. |
- | (5) Observer Members do not have to pay a fee. All members may further contribute by giving donations to the Association. | + | (5) After the conditions listed in Art. 24 (Transitional Clause) are fulfilled, |
- | (6) Members must pay their annual contribution between the first of January and the date of the annual Council meeting. | + | == Payment == |
+ | (6) Members must pay their annual contribution between the first of January and the date of the annual Council meeting. Membership Fees are fixed in Euro; they are payable without deduction of incurred costs. | ||
(7) Members who do not meet their financial commitments are automatically suspended, until they have paid off their arrears. A list outlining the current Membership Fees’ situation will be distributed at each Council meeting by the Treasurer. | (7) Members who do not meet their financial commitments are automatically suspended, until they have paid off their arrears. A list outlining the current Membership Fees’ situation will be distributed at each Council meeting by the Treasurer. | ||
- | (8) On request of the concerned Ordinary Member the Council may allow them under special circumstances with a 2/3-majority to delay their annual contribution for up to one year or relieve them of the payment or a part of it. The member party concerned may not vote on such a decision. | + | (8) On request of the concerned Ordinary Member the Council may allow them under special circumstances with a two-third majority to delay their annual contribution for up to one year or relieve them of the payment or a part of it. The member party concerned may not vote on such a decision. |
(9) If a Ordinary Member did not pay their due membership fee for two consecutive years until the annual Council meeting of the second year, they are deemed to have left the Association by resignation automatically. | (9) If a Ordinary Member did not pay their due membership fee for two consecutive years until the annual Council meeting of the second year, they are deemed to have left the Association by resignation automatically. | ||
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(1) The Council is the highest decision making body of the Association. | (1) The Council is the highest decision making body of the Association. | ||
- | (2) Council | + | (2) The Council |
+ | Members | ||
- | (3) The Council shall consist of delegates representing Members, Pirate Group in the European Parliament and the Young Pirates of Europe (YPE) determined according to the Rules for the allocation of delegates and votes as provided for in Article 15. | + | (3) The Council: |
- | Non-voting representatives of Observer members and Non-Voting-Delegates from Ordinary Members, and Members of the Board may participate as well. | + | |
- | + | ||
- | (4) The Council: | + | |
* a) co-ordinates initiatives and activities consistent with the Association' | * a) co-ordinates initiatives and activities consistent with the Association' | ||
* b) is responsible for the political agenda of the Association and adopts policy papers and resolutions; | * b) is responsible for the political agenda of the Association and adopts policy papers and resolutions; | ||
* c) elects and recalls the Board and other representatives of the Association, | * c) elects and recalls the Board and other representatives of the Association, | ||
- | * d) decides on the admittance, suspension and exclusion of Ordinary and Observer | + | * d) decides on the admittance, suspension and exclusion of Members; |
- | * e) advises the Pirate Group in the European Parliament on their decisions on the admission of MEPs who do not belong to a Member of the Association, | + | * e) advises the Pirate Group in the European Parliament on their decisions on the admission of MEPs who do not belong to a Member of the Association, |
* f) supports and evaluates the Board' | * f) supports and evaluates the Board' | ||
- | * g) approves the budget, reports and accounts | + | * g) approves the budget, reports and accounts; |
* h) adopts and changes the Statutes of the Association; | * h) adopts and changes the Statutes of the Association; | ||
- | * i) adopts Rules of Procedure | + | * i) adopts |
- | * j) decides on all other topics assigned to the Council in the Statutes | + | * j) decides on all other topics assigned to the Council in these Statutes; |
- | * k) approves all other fundamental decisions of the Association | + | * k) approves all other fundamental decisions of the Association. |
+ | |||
+ | (4) The Council may validly decide to dissolve the association or amend the statutes only in accordance with the provisions of Belgian law of 27 June 1921 on non-profit associations (ASBL), international non-profit associations (AISBL) and foundations, | ||
+ | |||
+ | (5) On the proposal of one-third of the Ordinary Members any member of the Board may be recalled by the Council by a two-thirds majority of the votes cast after debate in Council where the member is given adequate opportunity to present their case. | ||
+ | |||
+ | == meetings == | ||
+ | (6) The Council will meet at least once in a calendar year(annual meeting), more often if requested by at least quarter of the Ordinary Members or by a decision of the Board(ordinary meetings). | ||
- | (5) The Council | + | (7) Council |
- | (6) On the proposal of one-third of the Ordinary Members any member of the Board may be suspended | + | (8) Meeting |
- | (7) The Council will meet at least once in a calendar year, more often if requested by at least 1/4 of the Ordinary Members or by a decision of the Board. Meeting may be in person or online. If the Council meeting is in person, remote participation of non-attending members shall be possible. | + | (9) The Board will prepare the meetings and invite all members by email at least one month before the date of the Council meeting. In urgent cases(extraordinary meetings) |
- | (8) Save in the cases provided for in Articles 8, 12 and 20 of the Belgian law of 27 June 1921 on non-profit associations (ASBL), international non-profit associations (AISBL) and foundations, | + | (10) Save in the cases provided for in Articles 8, 12 and 20 of the Belgian law of 27 June 1921 on non-profit associations (ASBL), international non-profit associations (AISBL) and foundations, |
- | (9) Counter-proposals directly related to items on the agenda shall be published on the website containing the agenda and send by email to all Members preferably one week in advance of the meeting, but the meeting may also adopt proposals handed in until the voting by a simple majority vote of all the voting Ordinary members. If they have been handed in a week in advance of the meeting, they are automatically admitted. | + | (11) Counter-proposals directly related to items on the agenda shall be published on the website containing the agenda and send by email to all Members preferably one week in advance of the meeting, but the meeting may also adopt proposals handed in until the voting by a simple majority vote of all the votes. If they have been handed in a week in advance of the meeting, they are automatically admitted. |
- | (10) Minutes of all Council meetings will be published on an appropriate website of the Association at the latest six weeks after a Council meeting. The minutes shall entail all decisions of the Council and the votes of each Ordinary member, the Pirate Group in the European Parliament and the Young Pirates of Europe (YPE). | + | (12) Minutes of all Council meetings will be published on an appropriate website of the Association at the latest six weeks after a Council meeting. The minutes shall entail all decisions of the Council and the votes of voting Members. |
=== Article 15 - Allocation of Votes and Delegates === | === Article 15 - Allocation of Votes and Delegates === | ||
- | (1) Each Ordinary Member has a minimum entitlement of one vote. | + | (1) Each Ordinary Member has a minimum entitlement of 1 vote. |
- | (2) The Ordinary Member is entitled to one additional vote for each of the following thresholds reached during the last National or European | + | (2) The Ordinary Member is entitled to one additional vote for each of the following thresholds reached during the last National or European |
The Ordinary Member is entitled to a supplementary vote for each of the following thresholds reached during the last National or European | The Ordinary Member is entitled to a supplementary vote for each of the following thresholds reached during the last National or European | ||
- | (3) Each Ordinary Member has a minimum entitlement of two delegates. | + | (3) Each voting |
(4) Ordinary Members are entitled to 2 additional delegates if their total number of votes is 4 or more, or to 4 additional delegates if their total number of votes is 8 or more. | (4) Ordinary Members are entitled to 2 additional delegates if their total number of votes is 4 or more, or to 4 additional delegates if their total number of votes is 8 or more. | ||
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(5) For those sovereign states with more than one Ordinary Member in the European Pirate Party the rules of §§ 1 and 2 are applied as follows: | (5) For those sovereign states with more than one Ordinary Member in the European Pirate Party the rules of §§ 1 and 2 are applied as follows: | ||
* a) Election results for regional parliaments are not used for the allocation system in the European Pirate Party. | * a) Election results for regional parliaments are not used for the allocation system in the European Pirate Party. | ||
- | * b) The additional voting rights | + | * b) The supplementary votes based on absolute numbers of votes as allocated under § 2 apply to each Ordinary Member. |
- | * c) For the additional | + | * c) For the additional |
- | * i) The highest national or European | + | |
- | * ii) In the case of Ordinary Members | + | |
- | (6) Where Ordinary Members participate in an electoral alliance or coalition, | + | (6) Where Ordinary Members participate in an electoral alliance or coalition, their votes will be calculated in proportion to the Pirate votes in the total votes of the alliance/ |
(7) Adjustments to the number of delegates and votes shall be made immediately following elections, whose results change them. | (7) Adjustments to the number of delegates and votes shall be made immediately following elections, whose results change them. | ||
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(8) The highest result reached in the last National or European elections is used for calculating the number of votes and delegates. | (8) The highest result reached in the last National or European elections is used for calculating the number of votes and delegates. | ||
- | (9) In addition | + | (9) Any Ordinary member may choose |
- | (10) Any Ordinary member may also choose | + | (10) In addition |
==== Board ==== | ==== Board ==== | ||
=== Article 16 - Composition and Powers of the Board === | === Article 16 - Composition and Powers of the Board === | ||
- | + | == composition == | |
- | (1) The Board consists of one Chairperson, | + | (1) The Board consists of one Chairperson, |
- | + | == powers == | |
(2) The Board is responsible for the permanent political representation of the European Pirate Party, the execution of the Council' | (2) The Board is responsible for the permanent political representation of the European Pirate Party, the execution of the Council' | ||
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(7) The Board may table resolutions and amendments as well as contribute other items to the agenda of Council meetings. | (7) The Board may table resolutions and amendments as well as contribute other items to the agenda of Council meetings. | ||
- | (8) Internal Regulations may be adopted by the Board to regulate its procedure and the tasks of its members. If Internal Regulations are adopted, they shall be sent to all the members. If Internal Regulations of the Board conflict with the Statutes, the Statutes shall prevail. | + | (8) Internal Regulations may be adopted by the Board to regulate its procedure and the tasks of its members. If Internal Regulations are adopted, they shall be sent to all the Board members. If Internal Regulations of the Board conflict with the Statutes, the Statutes shall prevail. |
+ | == transition of powers == | ||
(9) For the purposes of certain actions and duties or everyday management functions, the Board may transfer its powers to one or more members of the Board or even another person, who may or may not be a member of the Association. The Board will have the faculty of special delegate. The powers of the said person(s) shall be defined precisely by the Board; the Board may at any time revoke these powers with immediate effect. | (9) For the purposes of certain actions and duties or everyday management functions, the Board may transfer its powers to one or more members of the Board or even another person, who may or may not be a member of the Association. The Board will have the faculty of special delegate. The powers of the said person(s) shall be defined precisely by the Board; the Board may at any time revoke these powers with immediate effect. | ||
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=== Art. 17 - Election of the Board Members === | === Art. 17 - Election of the Board Members === | ||
+ | === nominations === | ||
(1) Each candidate must be nominated by an Ordinary Member. | (1) Each candidate must be nominated by an Ordinary Member. | ||
- | (2) All nominations must specify the particular post for which the candidate is being proposed (i.e. Chairperson, | + | (2) All nominations must specify the particular post for which the candidate is being proposed (i.e. Chairperson, |
(3) All nominations shall be done at least a month prior to the meeting at which the election takes place. | (3) All nominations shall be done at least a month prior to the meeting at which the election takes place. | ||
+ | === elections === | ||
(4) All posts will be voted on separately, but if more than one person shall be elected for a certain position (e.g. two Vice-Chairpersons and the Board members without a special function), the election may be done in one round of voting. | (4) All posts will be voted on separately, but if more than one person shall be elected for a certain position (e.g. two Vice-Chairpersons and the Board members without a special function), the election may be done in one round of voting. | ||
- | (5) If only one candidate is to be elected, the candidate who gains more than 50% of the votes cast and most of the votes in the first round, is the person elected. | + | (5) The order of voting: |
+ | * Chairperson; | ||
+ | |||
+ | === election process === | ||
+ | (6) Method of voting will be approval voting, meaning that each voter may vote once for each candidate. | ||
+ | |||
+ | (7) If only one candidate is to be elected, the candidate who gains more than 50% of the votes cast and most of the votes in the first round, is the person elected.\\ | ||
Should no candidate gain more than 50% of the first round voting, a second round will be run between the two highest scoring candidates. The candidate who receives more than 50% of the votes cast and most of the votes in the second round is elected. | Should no candidate gain more than 50% of the first round voting, a second round will be run between the two highest scoring candidates. The candidate who receives more than 50% of the votes cast and most of the votes in the second round is elected. | ||
- | (6) If several candidates are to be elected, the candidates who gain more than 50% of the votes cast in order of the highest result to the lowest are elected, until all positions are filled. | + | (8) If several candidates are to be elected, the candidates who gain more than 50% of the votes cast in order of the highest result to the lowest are elected, until all positions are filled.\\ |
If not enough candidates have reached 50% of the votes cast, a second round of voting will be held. In the second round only those candidates who got the highest number of votes will be eligible. The number of candidates shall be double the number of positions still needing to be filled. The candidates who gain more than 50% of the votes cast in order of the highest result to the lowest are elected in the second round, until all positions are filled. | If not enough candidates have reached 50% of the votes cast, a second round of voting will be held. In the second round only those candidates who got the highest number of votes will be eligible. The number of candidates shall be double the number of positions still needing to be filled. The candidates who gain more than 50% of the votes cast in order of the highest result to the lowest are elected in the second round, until all positions are filled. | ||
- | (7) The Council may decide on additional rounds of voting and the admission of new candidates, if a position could not be filled. | + | (9) The Council may decide on additional rounds of voting and the admission of new candidates, if a position could not be filled. |
- | (8) Method of voting will be approval voting, meaning that every voter may have one vote per candidate. | + | (10) If a candidate is elected as a Board member and they accept, they will automatically lose any mandate as a delegate in the Council after the meeting of the Council is over. They may not accept a new delegation while still in office. |
- | (9) The order of voting: | + | (11) An election |
- | * Chairperson; | + | |
- | (10) If a candidate is elected as a Board member | + | (12) In case of resignation or recall of a member |
- | (11) An election of the Board must take place at the first council meeting | + | (13) The Board must be elected anew completely, if the number |
- | (12) In case of resignation or dismissal of a member of the Board, an election to replace the member will take place at the following Ordinary Council meeting. The person elected will stay in office for the period coinciding with the end of term of all the other Board members. | + | (14) The Council may decide with a simple majority of the votes cast that a Board member is inactive. The remaining active Board members have to issue an invitation to an Extraordinary Council meeting. If no active Board members are left, any Ordinary Member may issue an invitation to an Extraordinary Council meeting acting by at least one of their official delegates. The Extraordinary Council meeting shall only convene to elect a new Board. No other topics may be decided upon. Except for an appropriately shortened time between the invitation and the date of the Council meeting, all other rules regulating Ordinary Council meetings shall apply. |
- | + | ||
- | (13) The Board must be elected anew completely, if the number of the active Board members in office drops below four. The Council may decide with a simple majority of the votes cast that a Board member is inactive. The remaining active Board members have to issue an invitation to an Extraordinary Council meeting. If no active Board members are left, any Ordinary Member may issue an invitation to an Extraordinary Council meeting acting by at least one of their official delegates. The Extraordinary Council meeting shall only convene to elect a new Board. No other topics may be decided upon. Except for an appropriately shortened time between the invitation and the date of the Council meeting, all other rules regulating Ordinary Council meetings shall apply. | + | |
=== Art. 18 - Chairperson and Vice-Chairpersons === | === Art. 18 - Chairperson and Vice-Chairpersons === | ||
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=== Art. 19 - Treasurer === | === Art. 19 - Treasurer === | ||
- | (1) The main focus of this function is to supervise the budget and the accounts | + | (1) The main focus of this function is to supervise the budget and the accounts and to exercise financial control. All payments are made by the Treasurer or the person authorized to make payments. |
- | (2) The Treasurer will initiate legal ways to enlarge the financial | + | (2) The Treasurer will initiate legal ways to enlarge the financial |
(3) The Treasurer, and in his absence the Chairperson shall be empowered to accept, either provisionally or definitively, | (3) The Treasurer, and in his absence the Chairperson shall be empowered to accept, either provisionally or definitively, | ||
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=== Art. 20 - Representation === | === Art. 20 - Representation === | ||
- | (1) The Board represents the Association in all judicial and extra judicial | + | (1) The Board represents the Association in all judicial and extrajudicial |
(2) The Chairperson, | (2) The Chairperson, | ||
- | |||
===== Finances ===== | ===== Finances ===== | ||
=== Art. 21 – Financial Provisions === | === Art. 21 – Financial Provisions === | ||
(1) The financial year of the Association shall run from 1 January to 31 December of the same year. | (1) The financial year of the Association shall run from 1 January to 31 December of the same year. | ||
- | (2) At the end of each financial year, the Board shall adopt the annual | + | (2) At the end of each financial year, the Board shall adopt the annual |
(3) After approval of the annual accounts and the budget, the Council shall vote separately on granting discharge to the members of the Board. | (3) After approval of the annual accounts and the budget, the Council shall vote separately on granting discharge to the members of the Board. | ||
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(1) The Council may decide to grant reimbursement of costs in relation with offices and functions fulfilled for the Association, | (1) The Council may decide to grant reimbursement of costs in relation with offices and functions fulfilled for the Association, | ||
- | (2) The Association will only reimburse the travel costs or accommodation costs or other costs relating to each meeting under presentation of original | + | (2) The Association will only reimburse the travel costs or accommodation costs or other costs relating to each meeting under presentation of original receipts and tickets. The original tickets/ |
=== Art. 23 – Audit === | === Art. 23 – Audit === | ||
- | (1) If, pursuant to the provisions applicable to it, the Association is so required, auditing of the financial condition, annual accounts and their regularity from the point of view of the Law on Not-for-profit | + | (1) If, pursuant to the provisions applicable to it, the Association is so required, auditing of the financial condition, annual accounts and their regularity from the point of view of the Law on Not-for-profit Associations and the status of transactions to be reflected in the annual accounts shall be entrusted to one or more auditors appointed by the Council from among the members of the Belgian Institute of Company Auditors (Institut des Réviseurs d' |
(2) The Council shall determine the number of auditors and their remuneration. The auditors shall be appointed for a renewable term of three years. The Council may revoke their mandates at any time, but have to appoint new auditors at the same time. Any auditor appointed to replace an auditor who has resigned in the course of his term of office completes the latter’s term. | (2) The Council shall determine the number of auditors and their remuneration. The auditors shall be appointed for a renewable term of three years. The Council may revoke their mandates at any time, but have to appoint new auditors at the same time. Any auditor appointed to replace an auditor who has resigned in the course of his term of office completes the latter’s term. |
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