statutes:final
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statutes:final [2013/10/20 21:02] – final renamed to statutes:final dichter | statutes:final [2020/10/14 07:56] – changes according to the Rejkyavik Council meeting https://wiki.ppeu.net/doku.php?id=4th_council_meeting_2017:minutes dichter | ||
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- | This page includes the current draft of the PPEU Statutes, taking into account the decisions at the Warsaw conference. | + | ====== STATUTE OF THE EUROPEAN PIRATE PARTY (PPEU) ====== |
- | ====== TABLE OF CONTENT ====== | + | ===== PREAMBLE ===== |
- | + | ||
- | **PREAMBLE** | + | |
- | + | ||
- | **GENERAL PROVISIONS** | + | |
- | + | ||
- | Art. 1 – Name\\ | + | |
- | Art. 2 – Seat\\ | + | |
- | Art. 3 – Language\\ | + | |
- | Art. 4 – Principles\\ | + | |
- | Art. 5 – Objectives | + | |
- | + | ||
- | **MEMBERS** | + | |
- | + | ||
- | Art. 6 – Membership\\ | + | |
- | Art. 7 – Ordinary Members\\ | + | |
- | Art. 8 – Observer Members\\ | + | |
- | Art. 9 – Procedure for admitting new Members / List of members\\ | + | |
- | Art. 10 – Change of name and mergers\\ | + | |
- | Art. 11 – Resignation, | + | |
- | Art. 12 - Limited Liability\\ | + | |
- | Art. 13 – Membership Fees | + | |
- | + | ||
- | **ORGANS** | + | |
- | + | ||
- | **COUNCIL** | + | |
- | + | ||
- | Art. 14 - Composition and Powers of the Council\\ | + | |
- | Art. 15 - Allocation of Votes and Delegates | + | |
- | + | ||
- | **BOARD** | + | |
- | + | ||
- | Art. 16 - Composition and Powers of the Board \\ | + | |
- | Art. 17 - Election of the Board Members\\ | + | |
- | Art. 18 - Chairperson and Vice-Chairpersons\\ | + | |
- | Art. 19 - Treasurer\\ | + | |
- | Art. 20 - Representation | + | |
- | + | ||
- | **FINANCES** | + | |
- | + | ||
- | Art. 21 – Financial Provisions\\ | + | |
- | Art. 22 – Reimbursement\\ | + | |
- | Art. 23 – Audit | + | |
- | + | ||
- | **CHANGE OF STATUTES AND THE PIRATE MANIFESTO AND DECISION-MAKING-PROCESS** | + | |
- | + | ||
- | Art. 24 - Decision-making-Process\\ | + | |
- | Art. 25 – Change of Statutes\\ | + | |
- | Art. 26 – Change of the Pirate Manifesto | + | |
- | + | ||
- | **DURATION AND DISSOLUTION** | + | |
- | + | ||
- | Art. 27 – Duration and Dissolution | + | |
- | + | ||
- | **TRANSITIONAL PROVISIONS** | + | |
- | + | ||
- | Art. 28 – Entry into Force\\ | + | |
- | Art. 29 – Transitional Clause\\ | + | |
- | + | ||
- | **ANNEXES** | + | |
- | + | ||
- | Annex A - List of Official Translations of the Association' | + | |
- | Annex B - List of Ordinary and Observer Members\\ | + | |
- | Annex C - Pirate Manifesto\\ | + | |
- | + | ||
- | ====== PREAMBLE ====== | + | |
We, the Undersigned, | We, the Undersigned, | ||
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Subject to the ratification of the member parties, | Subject to the ratification of the member parties, | ||
- | agree to create an international non-profit association according to Belgian | + | agree to create an international non-profit association according to Luxembourgish |
- | ====== | + | ===== CONSTITUTION |
+ | ===== General Provisions | ||
- | ==== Article 1 – Name ==== | + | === Article 1 – Name === |
- | The official name of the association shall be " | + | (1) The official name of the association shall be " |
- | A list of official translations of the association' | + | (2) A list of official translations of the association' |
- | ==== Article 2 – Seat ==== | + | === Article 2 – Seat ==== |
- | The seat of the European Pirate Party is situated at 47A Rue Gerard, 1040 Etterbeek, Brussels, Belgium. | + | (1) The seat of the European Pirate Party is situated at Luxembourg. |
- | The | + | (2) The Board may move the seat anywhere in Luxembourg. |
- | ==== Article 3 - Language | + | === Article 3 - Language === |
- | In the event of divergence or of doubt between these statutes in the original version in English and any version in another language, the English language version prevails. | + | (1) In the event of divergence or of doubt between these statutes in the original version in English and any version in another language, the English language version prevails. |
- | English | + | (2) English shall be the working language of the Association. Any initiatives and proposals can only be adopted, if they have been translated into English prior to the start of the decision-making-process on the level of the Association. |
- | ==== Art. 4 – Principles | + | ===== Aims and Goals ===== |
+ | === Article | ||
- | The Association shall pursue international aims in respect of the principles on which the European Union is based, namely principles of freedom, equality, solidarity, democracy, respect of Human Rights and Fundamental Freedoms, and respect for the Rule of Law. | + | (1) The Association shall pursue international aims in respect of the principles on which the European Union is based, namely principles of freedom, equality, solidarity, democracy, respect of Human Rights and Fundamental Freedoms, and respect for the Rule of Law. |
- | The Association shall work as transparent as possible, regarding the protection of personal data and the right to privacy of the people | + | (2) The Association shall work as transparent as possible, regarding the protection of personal data and the right to privacy of the people involved. |
- | The Association shall take into account the opinions of the individual | + | (3) The Association shall take into account the opinions of the individual |
- | The Association shall adhere to all regulations necessary to being recognized as a Party at European level. | + | (4) The Association shall adhere to all regulations necessary to being recognized as a Party at European level. |
- | The members of the Association shall adopt a common Pirate Manifesto (Annex C) which shall reflect the principles and policies of the European Pirate movement. | + | (5) The members of the Association shall adopt a common Pirate Manifesto (Annex C) which shall reflect the principles and policies of the European Pirate movement. |
- | All decisions concerning choices and attitudes of PPEU member parties or political organizations in their own countries remain strictly under the sovereignty of national parties. | + | (6) All decisions concerning choices and attitudes of PPEU member parties or political organizations in their own countries remain strictly under the sovereignty of national parties. |
- | The Association may carry out all operations and conduct all activities | + | (7) The Association may carry out all operations and conduct all activities |
The Association does not undertake industrial or commercial transactions and does not seek to procure a profit to its members. | The Association does not undertake industrial or commercial transactions and does not seek to procure a profit to its members. | ||
- | ==== Art. 5 - Objectives | + | === Article |
- | Purpose | + | (1) Purpose of the organisation is to represent the European Pirate movement |
- | * Facilitating coordination and cooperation between its members. | + | * a) Facilitating coordination and cooperation between its members. |
- | * Assisting its members to promote the Pirate movement in Europe. | + | * b) Assisting its members to promote the Pirate movement in Europe. |
- | * Taking as its principles the Pirate manifesto, as will be annexed to the statutes. | + | * c) Taking as its principles the Pirate manifesto, as will be annexed to the statutes. |
- | * Functioning as a link between European Pirate Parties and Pirate MEPs. | + | * d) Functioning as a link between European Pirate Parties and Pirate MEPs. |
- | * Encouraging and support its members in organizing events focused on European topics. | + | * e) Encouraging and support its members in organizing events focused on European topics. |
- | ====== Members | + | ===== Members ===== |
- | ==== Art. 6 – Membership ==== | + | === Article |
- | 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 |
- | There are two categories of members: Ordinary Members and Observer Members. | + | (2) There are two categories of members: Ordinary Members and Observer Members. |
- | In Annex B to these Statutes all the member parties and member | + | (3) In Annex B to these Statutes all the member parties and member |
- | Within | + | (4) Within |
- | ==== Art. 7 – Ordinary Members | + | === Article |
- | Eligible as Ordinary Members are all parties which | + | (1) Eligible as Ordinary Members are all parties which |
+ | * a) are established as a political party or in another form, if their country or state does not allow them to become a party (or makes it very difficult for them) in a country or state of the European Union OR in a country or state which territory lies at least partly in the geographical Europe without being a member state of the European Union, | ||
+ | * b) are not subordinate to any other party in this country or state, | ||
+ | * c) carry the term „Pirate“ or any translation of that term somewhere in their party name, | ||
+ | * d) intend to participate in elections to the European Parliament or their national parliament, | ||
+ | * e) maintain a democratic political base and a democratic internal structure, | ||
+ | * f) are politically active, | ||
+ | * g) accept and comply with the regulations of these Statutes and orders of its bodies and | ||
+ | * h) accept the Pirate Manifesto. | ||
- | | + | (2) They have the following obligations: |
- | * are not subordinate | + | |
- | * carry the term „Pirate“ or any translation | + | * b) to cease and desist any actions which may harm the Association |
- | * intend | + | * c) to regularly attend Council meetings of the Association, |
- | * maintain a democratic political base and a democratic internal structure, | + | * d) to participate in the political discussion and decisions |
- | * are politically active, | + | * e) to stay politically active and participate in elections, |
- | * accept and comply with the regulations of these Statutes and orders of its bodies | + | * f) to send their yearly accounts |
- | * accept | + | * g) to conduct their financial organisation in a transparent and accountable manner, |
+ | * h) to pay their designated fee as Ordinary Members in a timely manner | ||
+ | * i) to report every year to the Association on party and policy developments. | ||
- | They have the following | + | (3) They have the following |
+ | * a) to vote in the Council on every matter, | ||
+ | * b) to participate in the political discussions and to speak at Council meetings, | ||
+ | * c) to participate in the development of the political agenda, | ||
+ | * d) to participate in the decision making process, | ||
+ | * e) to have access to all non-confidential documents of the Association, | ||
+ | * f) to table resolutions and amendments as well as contribute other items to the agenda of Council meetings, | ||
+ | * g) to participate in common campaigns, | ||
+ | * h) to appoint delegates and propose candidates for the Board | ||
+ | * i) to have access to use of the Associations logo and other representational devices. | ||
- | * to comply with all the regulations of the Statutes of the Association and all orders of the | + | === Article 8 – Observer |
- | * to cease and desist any actions which may harm the Association or are contrary to the | + | |
- | * to regularly attend Council meetings of the Association, | + | |
- | * to participate in the political discussion and decisions of the Association, | + | |
- | * to stay politically active and participate in elections, | + | |
- | * to send their yearly accounts and election results to the Association | + | |
- | * to conduct their financial organisation in a transparent and accountable manner, | + | |
- | * to pay their designated fee as Ordinary | + | |
- | * to report every year to the Association on party and policy developments. | + | |
- | They have the following rights: | + | (1) Eligible as Observer Members are |
+ | * a) all parties which | ||
+ | * (i) are established as a political party or in another form, if their region, country or state does not allow them to become a party (or makes it very difficult for them), in a region, country or state of at least a part of the geographical Europe, | ||
+ | * (ii) are subordinate to another Ordinary Member Party or one eligible to become such a member party, | ||
+ | * (iii) carry the term „Pirate“ or any translation of that term somewhere in their party or organisation name, | ||
+ | * (iv) intend to participate in elections in their region, country or state, if legally possible and feasible, | ||
+ | * (v) maintain a democratic political base and a democratic internal structure, | ||
+ | * (vi) are politically active, | ||
+ | * (vii) accept and intend to comply with the regulations of these Statutes and orders of its bodies and | ||
+ | * (viii) accept the Pirate Manifesto. | ||
+ | * b) all parties which | ||
+ | * (i) are established as a political party or in another form, if their region, country or state does not allow them to become a party (or makes it very difficult for them), in a region, country or state outside of geographical Europe, | ||
+ | * (ii) are not subordinate to another party or organisation, | ||
+ | * (iii) carry the term „Pirate“ or any translation of that term somewhere in their party or organisation name, | ||
+ | * (iv) intend to participate in elections in their region, country or state, if legally possible and feasible, | ||
+ | * (v) maintain a democratic political base and a democratic internal structure, | ||
+ | * (vi) are politically active, | ||
+ | * (vii) accept and intend to comply with the regulations of these Statutes and orders of its bodies and | ||
+ | * (viii) strive for similar political goals as the Association. | ||
+ | * c) All organisations which | ||
+ | * (i) carry the term „Pirate“ or any translation of that term somewhere in their organisation name, | ||
+ | * (ii) maintain a democratic political base and a democratic internal structure, | ||
+ | * (iii) are politically active, | ||
+ | * (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. | ||
+ | * d) The Pirate Group in the European Parliament and the European Pirate | ||
- | * to vote in the Council on every matter, | + | (2) The Pirate Group in the European Parliament |
- | * to participate | + | |
- | * to participate in the development of the political agenda, | + | |
- | * to participate in the decision making process, | + | |
- | * to have access to all non-confidential documents of the Association, | + | |
- | * to table resolutions and amendments as well as contribute other items to the agenda of Council meetings, | + | |
- | * to participate in common campaigns, | + | |
- | * to appoint delegates and propose candidates for the Board | + | |
- | * to have access to use of the Associations logo and other representational devices. | + | |
- | ==== Art. 8 – Observer | + | (3) Each Pirate Member of the European Parliament may also become an Observer |
- | Eligible as Observer Members | + | (4) They have the following obligations: |
+ | * a) to comply with all the regulations of the Statutes of the Association and all orders of the bodies of the Association, | ||
+ | * b) to cease and desist any actions which may harm the Association or are | ||
+ | * c) to stay politically active and participate in elections, if possible and feasible, | ||
+ | * d) to send their yearly accounts and election results to the Association | ||
+ | * e) to conduct their financial organisation in a transparent and accountable manner and | ||
+ | * f) to report every year to the Association on the party / organisation and policy developments. | ||
- | 1. all parties which | + | (5) They have the following rights: |
+ | * a) to participate in the political discussions and to speak at Council meetings, | ||
+ | * b) to participate in the development of the political agenda, | ||
+ | * c) to participate in the decision making process, | ||
+ | * d) to have access to all non-confidential documents of the Association, | ||
+ | * e) to participate in common campaigns and events and | ||
+ | * f) to have access to use of the Associations logo and other representational devices. | ||
- | * are established as a political party or in another form, if their region, country or state does not allow them to become a party (or makes it very difficult for them), in a region, country or state of at least a part of the geographical Europe, | + | (6) A party which is eligible to become an Ordinary Member may decide to apply only for the status of an Observer Member. It may at any time apply for Ordinary Member status, if it fulfils the necessary |
- | * are subordinate to another Ordinary Member Party or one eligible to become such a member party, | + | |
- | * carry the term „Pirate“ or any translation of that term somewhere in their party or organisation name, | + | |
- | * intend to participate in elections in their region, country or state, if legally possible and feasible, | + | |
- | * maintain a democratic political base and a democratic internal structure, | + | |
- | * are politically active, | + | |
- | * accept and intend to comply with the regulations of these Statutes and orders of its bodies and | + | |
- | * accept the Pirate Manifesto. | + | |
- | + | ||
- | 2. all parties which | + | |
- | + | ||
- | * are established as a political party or in another form, if their region, country or state does not allow them to become a party (or makes it very difficult for them), in a region, country or state outside of geographical Europe, | + | |
- | * are not subordinate to another party or organisation, | + | |
- | * carry the term „Pirate“ or any translation of that term somewhere in their party or organisation name, | + | |
- | * intend to participate in elections in their region, country or state, if legally possible and feasible, | + | |
- | * maintain a democratic political base and a democratic internal structure, | + | |
- | * are politically active, | + | |
- | * accept and intend to comply with the regulations of these Statutes and orders of its bodies and | + | |
- | * strive for similar political goals as the Association. | + | |
- | + | ||
- | 3. All organisations which | + | |
- | + | ||
- | * carry the term „Pirate“ or any translation of that term somewhere in their organisation name, | + | |
- | * maintain a democratic political base and a democratic internal structure, | + | |
- | * are politically active, | + | |
- | * accept and intend to comply with the regulations of these Statutes and orders of its bodies and | + | |
- | * strive for similar political goals as the Association and are closely linked to it. | + | |
- | + | ||
- | 4. The Pirate Group in the European Parliament and the European Pirate | + | |
- | + | ||
- | The Pirate Group in the European Parliament and the European Pirate Youth Organisation will be treated like an Ordinary Member concerning their rights and like an Observer Member concerning their obligations. | + | |
- | + | ||
- | Each Pirate Member of the European Parliament may also become an Observer Member, if it is eligible. | + | |
- | + | ||
- | They have the following obligations: | + | |
- | + | ||
- | * to comply with all the regulations of the Statutes of the Association and all orders of the bodies of the Association, | + | |
- | * to cease and desist any actions which may harm the Association or are contrary to the objectives and principles of the Association or go against the policies laid down in the Pirate Manifesto or damage the Association in any other way, | + | |
- | * to stay politically active and participate in elections, if possible and feasible, | + | |
- | * to send their yearly accounts and election results to the Association | + | |
- | * to conduct their financial organisation in a transparent and accountable manner and | + | |
- | * to report every year to the Association on the party / organisation and policy developments. | + | |
- | + | ||
- | They have the following rights: | + | |
- | + | ||
- | * to participate in the political discussions and to speak at Council meetings, | + | |
- | * to participate in the development of the political agenda, | + | |
- | * to participate in the decision making process, | + | |
- | * to have access to all non-confidential documents of the Association, | + | |
- | * to participate in common campaigns and events and | + | |
- | * to have access to use of the Associations logo and other representational devices. | + | |
- | + | ||
- | A party which is eligible to become an Ordinary Member may decide to apply only for the status of an Observer Member. It may at any time apply for Ordinary Member status, if it fulfils the necessary | + | |
- | ==== Art. 10 – Procedure for admitting new Members | + | === Article |
- | To be eligible to become a Member of the Association, | + | (1) To be eligible to become a Member of the Association, |
- | The membership is granted, if the Council decides on it with a two-third | + | (2) The membership is granted, if the Council decides on it with a two-third |
- | ==== Article 11 – Change of name and mergers ==== | + | |
- | A Member that changes their name or merges with another political party/ | + | === Article 11 – Change of name and mergers === |
- | The Board shall assess the degree of continuity of the new | + | (1) A Member that changes their name or merges with another political |
- | In case of confirmation of the continuity of the membership status; the member will be considered having accepted | + | (2) The Board shall assess the degree |
- | In case of non-confirmation, the Council shall give reasons for the | + | (3) In case of confirmation |
- | ==== Art. 12 – Resignation, Exclusion, Suspension, Loss of Membership | + | (4) In case of non-confirmation, the Council shall give reasons for the decision |
- | Any member, whatever their identity, may at any time resign from the Association. The resignation must be notified to the Board by registered letter from a duly mandated person to the registered office | + | === Article 12 – Resignation, Exclusion, Suspension, Loss of Membership and Death / Dissolution / Bankruptcy === |
- | If | + | (1) Any member, whatever their identity, may at any time resign from the Association. The resignation must be notified to the Board by registered letter from a duly mandated person |
- | Any member may also be suspended or excluded by the Council on at least one of the following grounds: | + | (2) If a new Ordinary Member Party is superordinate to an existing Ordinary |
- | | + | (3) Any member may also be suspended or excluded by the Council on at least one of the following grounds: |
- | * non compliance with the criteria for membership. | + | |
+ | * b) non compliance with the criteria for membership. | ||
- | 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 |
- | 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 |
- | A proposal for suspension or expulsion of a member may be submitted by any Ordinary | + | (6) A proposal for suspension or expulsion of a member may be submitted by any Ordinary |
- | A member’s affiliation ceases automatically upon death, dissolution, | + | (7) A member’s affiliation ceases automatically upon death, dissolution, |
- | Resigning, deceased/ | + | (8) Resigning, deceased/ |
- | They may not claim restitution or reimbursement of subscriptions paid or payments made. | + | (9) They may not claim restitution or reimbursement of subscriptions paid or payments made. |
- | They may not demand or claim a report, statement of accounts, sealing or inventory. | + | (10) They may not demand or claim a report, statement of accounts, sealing or inventory. |
- | ==== Art. 13 – Membership Fees ==== | + | === Article |
- | A fee is requested of the Ordinate Member parties. The amount of which is set annually by the Council on proposal of the Board represented by the Treasurer. The Treasurer will meet up with all the Ordinary Member | + | (1) A fee is requested of the Ordinate Member parties. The amount of which is set annually by the Council on proposal of the Board represented by the Treasurer. The Treasurer will meet up with all the Ordinary Member Parties' |
- | The annual Membership Fees of the Association' | + | (2) The annual Membership Fees of the Association' |
- | The membership fee will be multiplied by the number of additional and supplementary votes of each Ordinary Member. | + | (3) The membership fee will be multiplied by the number of additional and supplementary votes of each Ordinary Member. |
- | + | ||
- | After the conditions listed in Art. 24 (Transitional Clause) are fulfilled, | + | |
- | Observer Members do not have to pay a fee. All members may further contribute by giving donations to the Association. | + | (4) After the conditions listed in Art. 24 (Transitional Clause) are fulfilled, |
- | Member parties who do not meet their financial commitments will lose all voting and speaking rights within the organs and bodies of the association as well as their right to propose candidates for positions | + | (5) Observer Members |
- | Members | + | (6) Member parties who do not meet their financial commitments will lose all voting and speaking rights within |
- | If a Member Party did not pay their due membership fee for two consecutive years until the first Council meeting of the second year, they are deemed | + | (7) Members must pay their annual contribution between |
- | ====== Organs ====== | + | (8) If a Member Party did not pay their due membership fee for two consecutive years until the first Council meeting of the second year, they are deemed to have left the Association by resignation automatically. |
- | ===== Council ===== | + | ===== Organs ===== |
+ | ==== Council ==== | ||
+ | === Article 14 - Composition and Powers of the Council | ||
- | ==== Art. 14 - Composition and Powers of the Council ==== | + | (1) The Council is the highest decision making body of the Association. |
- | + | ||
- | The Council is the highest decision making body of the Association. | + | |
- | Council meetings are normally open to the public unless the Council itself decides otherwise for all or part of its proceedings. This shall be the exception and may only be decided for reasons of protecting the data of an individual or for similar concerns. | + | (2) Council meetings are normally open to the public unless the Council itself decides otherwise for all or part of its proceedings. This shall be the exception and may only be decided for reasons of protecting the data of an individual or for similar concerns. |
- | The Council shall consist of delegates representing Ordinary 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 shall consist of delegates representing Ordinary 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. |
Non-voting representatives of Observer members and Non-Voting-Delegates from Ordinary Members, and Members of the Board may participate as well. | Non-voting representatives of Observer members and Non-Voting-Delegates from Ordinary Members, and Members of the Board may participate as well. | ||
- | The Council: | + | (4) The Council: |
- | + | * a) co-ordinates initiatives and activities consistent with the Association' | |
- | * 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; |
- | * 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, |
- | * elects and recalls the Board and other representatives of the Association, | + | * d) decides on the admittance, suspension and exclusion of Ordinary and Observer Members; |
- | * decides on the admittance, suspension and exclusion of Ordinary and Observer 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, |
- | * 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' |
- | * supports and evaluates the Board' | + | * g) approves the budget, reports and accounts |
- | * approves the budget, reports and accounts | + | * h) adopts and changes the Statutes of the Association; |
- | * adopts and changes the Statutes of the Association; | + | * i) adopts Rules of Procedure |
- | * adopts Rules of Procedure | + | * j) decides on all other topics assigned to the Council in the Statutes |
- | * decides on all other topics assigned to the Council in the Statutes | + | * k) approves all other fundamental decisions of the Association |
- | * approves all other fundamental decisions of the Association | + | |
- | The Council may validly decide to dissolve the association or amend the statutes only in accordance with the provisions of Belgian | + | (5) The Council may validly decide to dissolve the association or amend the statutes only in accordance with the provisions of Luxembourgish |
- | On the proposal of one-third of the Ordinary Members any member of the Board may be suspended or dismissed 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 her/his case. | + | (6) On the proposal of one-third of the Ordinary Members any member of the Board may be suspended or dismissed 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 her/his case. |
- | 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. 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 this time may be shortened to an appropriate length. The invitation to the Council meeting has to specify date, time, place and the draft agenda of the meeting. A link to a website with the agenda in the invitation shall be sufficient and necessary. | + | (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. 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 this time may be shortened to an appropriate length. The invitation to the Council meeting has to specify date, time, place and the draft agenda of the meeting. A link to a website with the agenda in the invitation shall be sufficient and necessary. |
- | Save in the cases provided for in Articles 8, 12 and 20 of the Belgian | + | (8) Save in the cases provided for in Articles |
- | 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. | + | (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. |
- | 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). | + | (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). |
- | ==== Art. 15 - Allocation of Votes and Delegates | + | === Article |
- | Each Ordinary Member has a minimum entitlement of one vote. | + | (1) Each Ordinary Member has a minimum entitlement of one vote. |
- | 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 |
- | Each Ordinary Member has a minimum entitlement of two delegates. | + | (3) Each Ordinary Member has a minimum entitlement of two delegates. |
- | Ordinary | + | (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. |
- | For those sovereign states with more than one Ordinary Member in the European Pirate Party the rules of paragraphs | + | (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: |
- | 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. |
- | The additional voting rights based on absolute numbers of votes as allocated under Paragraph 1 apply to each Ordinary Member. | + | * b) The additional voting rights based on absolute numbers of votes as allocated under Paragraph 1 apply to each Ordinary Member. |
+ | * c) For the additional voting rights based on National and European % election results, the following system is used to give effect to the provisions of § 1 and § 2: | ||
+ | * i) The highest national or European % election result of both Members are calculated together and that sum is used for the allocation system. The additional voting rights are distributed to the Ordinary Member with the highest % electoral result. | ||
+ | * ii) In the case of Ordinary Members which are regional parties these additional voting rights are proportionally distributed among those Members based on the highest % electoral results those Members have in the area where they run respectively. | ||
- | For the additional voting rights based on National and European % election results, the following system is used to give effect to the provisions of § 1 and § 2: | + | (6) Where Ordinary Members participate in an electoral alliance or coalition, |
- | The highest national or European % election result of both Members are | + | |
- | In the case of Ordinary Members which are regional parties these additional voting rights are proportionally distributed among those Members | + | |
- | Where Ordinary Members participate in an electoral alliance or coalition, | + | (7) Adjustments |
- | Adjustments to the number of delegates and votes shall be made immediately following elections, whose results change them. | + | (8) The highest result reached in the last National or European elections is used for calculating |
- | The highest result reached | + | (9) In addition to Ordinary Members, the Pirate Group in the European |
- | In addition to Ordinary Members, the Pirate Group in the European | + | (10) Any Ordinary member may also choose to use the lower result for the allocating of votes and delegates. Any Ordinary Member may also forgo additional or supplementary votes deliberately which will also lower their membership fee. |
- | + | ==== Board ==== | |
- | Any Ordinary member may also choose to use the lower result for the allocating of votes and delegates. Any Ordinary Member may also forgo additional or supplementary votes deliberately which will also lower their membership fee. | + | === Article |
- | + | ||
- | ===== Board ===== | + | |
- | + | ||
- | ==== Art. 16 - Composition and Powers of the Board ==== | + | |
- | The Board consists of one Chairperson, | + | (1) The Board consists of one Chairperson, |
- | 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' |
- | It is entitled to make political statements on behalf of the European Pirate Party based on the Council' | + | (3) It is entitled to make political statements on behalf of the European Pirate Party based on the Council' |
- | The Board is responsible for the management of the European Pirate Party within the budget and the guidelines approved by the Council. It reports annually to the Council on the activities of the Board and its members. This report shall also contain all political and organisational developments and policies of the European Pirate Party. | + | (4) The Board is responsible for the management of the European Pirate Party within the budget and the guidelines approved by the Council. It reports annually to the Council on the activities of the Board and its members. This report shall also contain all political and organisational developments and policies of the European Pirate Party. |
- | It shall ensure communication and coordination between the European Pirate Party Members and the other European Partners and promote cooperation on the European level as well as inter-party cooperation. | + | |
+ | (5) It shall ensure communication and coordination between the European Pirate Party Members and the other European Partners and promote cooperation on the European level as well as inter-party cooperation. | ||
- | The Board is responsible for the organisation and convening of Board and Council meetings and the making and publishing of the minutes of those meetings. | + | (6) The Board is responsible for the organisation and convening of Board and Council meetings and the making and publishing of the minutes of those meetings. |
- | + | ||
- | The Board may table resolutions and amendments as well as contribute other items to the agenda of Council | + | |
- | Internal | + | (7) The Board may table resolutions |
- | For the purposes of certain actions | + | (8) Internal Regulations may be adopted by the Board to regulate its procedure |
- | Any appointment, resignation | + | (9) For the purposes of certain actions and duties or everyday management functions, the Board may transfer its powers to one or more members |
- | ==== Art. 17 - Election of the Board Members | + | === Art. 17 - Election of the Board Members === |
- | Each candidate must be nominated by an Ordinary Member. | + | (1) Each candidate must be nominated by an Ordinary Member. |
- | 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, |
- | 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. |
- | 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. |
- | 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) 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. | ||
- | 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. | + | (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. |
+ | 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. | ||
- | The Council may decide on additional rounds of voting and the admission of new candidates, if a position could not be filled. | + | (7) The Council may decide on additional rounds of voting and the admission of new candidates, if a position could not be filled. |
- | Method of voting will be approval voting, meaning that every voter may have one vote per candidate. | + | (8) Method of voting will be approval voting, meaning that every voter may have one vote per candidate. |
- | The order of voting: | + | (9) The order of voting: |
+ | * Chairperson; | ||
- | 1) Chairperson\\ | + | (10) If a candidate is elected as a Board member and they accept, they will automatically loose 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. |
- | 2) Vice-Chairpersons\\ | + | |
- | 3) Treasurer\\ | + | |
- | 4) further | + | |
- | If a candidate is elected as a Board member and they accept, they will automatically loose 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. | + | (11) An election of the Board must take place at the first council |
- | An election | + | (12) In case of resignation or dismissal of a member |
- | In case of resignation or dismissal | + | (13) The Board must be elected anew completely, if the number |
- | 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 | + | === Art. 18 - Chairperson and Vice-Chairpersons === |
+ | (1) The Chairperson represents | ||
- | ==== Art. 18 - Chairperson and Vice-Chairpersons | + | (2) The Vice-Chairpersons |
- | The Chairperson represents the association | + | === Art. 19 - Treasurer === |
+ | (1) The main focus of this function is to supervise | ||
- | The Vice-Chairpersons shall support | + | (2) The Treasurer will initiate legal ways to enlarge |
- | ==== Art. 19 - Treasurer | + | (3) The Treasurer, and in his absence the Chairperson shall be empowered to accept, either provisionally or definitively, |
- | The main focus of this function is to supervise the budget and the accounts | + | (4) The Treasurer will initiate, monitor and publish financial protocols |
- | The Treasurer | + | (5) The Treasurer |
- | The Treasurer, and in his absence | + | (6) The Treasurer |
- | The | + | === Art. 20 - Representation === |
+ | (1) The Board represents the Association in all judicial | ||
- | The | + | (2) The Chairperson, the Vice-Chairperson, |
- | The | + | ===== Finances ===== |
+ | === Art. 21 – Financial Provisions === | ||
+ | (1) The financial year of the Association shall run from 1 January | ||
- | ==== Art. 20 - Representation ==== | + | (2) At the end of each financial year, the Board shall adopt the annual |
- | The Board represents | + | (3) After approval of the annual accounts |
- | The Chairperson, | + | (5) At least two weeks before |
- | ====== Finances ====== | + | (6) A surplus shall be added to the assets of the Association and may not under any circumstances be paid to the members as a dividend or in any other way. |
- | ==== Art. 21 – Financial Provisions ==== | + | (7) (deleted) |
- | The financial | + | === Art. 22 – Reimbursement === |
+ | (1) The | ||
- | At the end of each financial year, the Board shall adopt the annual | + | (2) The Association will only reimburse the travel costs or accommodation costs or other costs relating to each meeting under presentation |
- | After approval | + | === Art. 23 – Audit === |
+ | (1) If, pursuant to the provisions applicable to it, the Association is so required, auditing | ||
- | At least two weeks before the annual | + | (2) The Council |
- | A surplus | + | (3) The auditors |
- | The Board shall ensure that the annual | + | (4) The accounts |
- | ==== Art. 22 – Reimbursement ==== | + | (5) Until the conditions of the Art 23 (1) are met, the council shall elect one or more lay auditors. The regulations of Art. 23 (2) and (3) are applied accordingly. |
- | The Council may decide to grant reimbursement | + | ===== Change |
+ | === Article 24 - Decision-making-Process === | ||
+ | (1) If not otherwise specified in these Statutes, all decisions taken by the Council or the Board will be decided by a simple majority | ||
- | The Association | + | (2) All votes will be public and published in the minutes |
+ | === Article 25 – Change of Statutes === | ||
+ | (1) Proposals must be presented in writing by any means (electronic, paper or otherwise) to the Board which will transmit them to the Members of the Council | ||
- | ==== Art. 23 – Audit ==== | + | (2) Decisions regarding amendments to the Statutes can only be taken if there is an attendance quota of two-thirds of the members entitled to vote present or represented and shall be taken with a double majority of two-thirds of the votes cast by two-thirds of the Ordinary Members taking part in the voting, except for decisions on the Principles (Art. 4) and Objectives (Art. 5) where consent of all the Ordinary Council Members is necessary. |
- | 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 | + | (3) Any decision amending |
- | The | + | === Art. 26 – Change of the Pirate Manifesto === |
+ | (1) The Pirate Manifesto combines | ||
- | The auditors shall jointly or severally have an unlimited right to | + | (2) Any changes |
- | The accounts of the Association | + | ===== Duration and Dissolution ===== |
+ | === Article 27 – Duration and Dissolution === | ||
+ | (1) The Association | ||
- | ====== Change | + | (2) The Association is not dissolved as a result |
- | ==== Art. 24 - Decision-making-Process ==== | + | (3) In the event that European legislation provides for a different legal status for political parties and the Council of the Association decides to adopt such a status, the financial and other assets of the Association shall be transferred to the new legal entity upon the cessation of the activities of the Association. |
- | If not otherwise specified | + | (4) Except |
- | All votes will be public and published in the minutes | + | (5) It may be dissoluted by a four-fifth majority decision of the Council with an attendance quota of two-thirds of the members entitled to vote present or represented. If the quota is not reached, |
- | ==== Art. 25 – Change of Statutes ==== | + | |
- | Proposals | + | (6) As from the moment |
- | Decisions regarding amendments to the Statutes can only be taken if there is an attendance quota of two-thirds of the members entitled to vote present or represented and shall be taken with a double | + | (7) In the event that the Association |
+ | * a) the appointment, | ||
+ | * b) the methods and procedures | ||
+ | * c) the destination to be given to the net assets | ||
- | Any decision amending the Statutes shall be submitted to the Belgian Minister of Justice | + | (8) All such decisions have to be duly filed and published |
- | ==== Art. 26 – Change of the Pirate Manifesto | + | ===== Transitional Provisions ===== |
- | The Pirate Manifesto combines | + | === Art. 28 – Transitional Clause === |
+ | (1) Within 6 months from the day when the PPEU is recognised by the EU as a Political Party at the EU level an extraordinary convention shall convene to revise all statutes and in particular to decide on new paragraphes regulating | ||
+ | * a) membership fee and | ||
+ | * b) voting allocation for the Council. | ||
- | Any changes to the Pirate Manifesto | + | (2) At the convention Ordinary Members |
- | ====== Duration and Dissolution ====== | + | (3) If no agreement on a change can be reached, the current regulation in the statutes will continue to apply. |
- | + | ||
- | ==== Art. 27 – Duration and Dissolution ==== | + | |
- | + | ||
- | The Association shall be set up for an unlimited period of time. | + | |
- | + | ||
- | The Association is not dissolved as a result of the death, dissolution or resignation of a member, provided the number of members is not less than five Ordinary Members. | + | |
- | + | ||
- | In the event that European legislation provides for a different legal status for political parties and the Council of the Association decides | + | |
- | + | ||
- | Except | + | |
- | + | ||
- | It may be dissoluted by a four-fifth majority decision of the Council with an attendance quota of two-thirds of the members entitled to vote present or represented. If the quota is not reached, a new meeting of the Council shall be called no earlier than 15 calendar days after the first meeting. The second meeting of the Council shall be entitled to take valid decisions irrespective of the number of members with voting | + | |
- | + | ||
- | As from the moment the decision of dissolution is taken, the Association | + | |
- | + | ||
- | In the event that the Association is dissolved, the Council shall decide | + | |
- | + | ||
- | All such decisions have to be duly filed at the clerk’s office of the competent Commercial Court and published in the Annexes of the Belgian | + | |
- | + | ||
- | ====== Transitional Provisions ====== | + | |
- | + | ||
- | ==== Art. 28 – Entry into Force ==== | + | |
- | + | ||
- | When and if at least 5 European Pirate Parties who are eligible to become Ordinary Members have signed and ratified these Statutes the Members of the European Parlament representing the Swedish Pirate Party shall call for a founding Council meeting of the association, | + | |
- | + | ||
- | The founding Council meeting shall in all respects be carried out as a regular council meeting with the following exceptions: | + | |
- | + | ||
- | * Any European Pirate | + | |
- | * Number of Delegates and votes given to each founding member at the founding Council meeting shall be the same as for a regular council meeting in accordance with these statutes. | + | |
- | * All functions related to the meeting normally carried out by the board shall be carried out by the Pirate Members of the European parliament. | + | |
- | + | ||
- | Any European Pirate | + | |
- | + | ||
- | a) signing of the Statutes, b) ratification of the Statutes or c) electing | + | |
- | + | ||
- | This shall be done by both of the following means: | + | |
- | + | ||
- | a) by email to the Members of the European Parlament representing the Swedish Pirate Party b) by sending a letter to the official seat of the Association according to these Statutes. | + | |
- | + | ||
- | ==== Art. 29 – Transitional Clause ==== | + | |
- | + | ||
- | Within 6 months from the day when the PPEU is recognised by the EU as a Political Party at the EU level an extraordinary convention shall convene to revise all statutes and in particular to decide on new paragraphes regulating a) membership fee and b) voting allocation for the Council. | + | |
- | + | ||
- | At the convention Ordinary Members will have the right to send delegates with voting rights according to the current statutes regulating voting rights in the council. | + | |
- | + | ||
- | If no agreement on a change can be reached, the current regulation in the statutes will continue to apply. | + | |
- | + | ||
- | ===== Annexes ===== | + | |
+ | ===== ANNEXES ===== | ||
==== Annex A - List of Official Translations of the Association' | ==== Annex A - List of Official Translations of the Association' | ||
+ | [[statutes: | ||
==== Annex B - List of Ordinary and Observer Members ==== | ==== Annex B - List of Ordinary and Observer Members ==== | ||
+ | //The list of members should be deposited at the association' | ||
+ | [[ppeu: | ||
==== Annex C - Pirate Manifesto ==== | ==== Annex C - Pirate Manifesto ==== | ||
The [[statutes: | The [[statutes: |
/var/www/wiki.ppeu.net/web/data/pages/statutes/final.txt · Last modified: 2022/09/17 07:22 by alessandro