statutes:final
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statutes:final [2015/05/17 11:36] – vojtechpikal | statutes:final [2015/06/21 00:41] – [Annex B - List of Ordinary and Observer Members] vojtechpikal | ||
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agree to create an international non-profit association according to Belgian law and determine its statutes as follows: | agree to create an international non-profit association according to Belgian law and determine its statutes as follows: | ||
- | ====== | + | ===== CONSTITUTION |
+ | ===== General Provisions | ||
- | ==== Article 1 – Name ==== | + | === Article 1 – Name === |
(1) The official name of the association shall be " | (1) The official name of the association shall be " | ||
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(2) A list of official translations of the association' | (2) A list of official translations of the association' | ||
- | ==== Article 2 – Seat ==== | + | === Article 2 – Seat ==== |
(1) 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 47A Rue Gerard, 1040 Etterbeek, Brussels, Belgium. | ||
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(2) The Council may move the seat anywhere in Belgium by simple majority vote. To move it to any other location the Council has to decide unanimously. | (2) The Council may move the seat anywhere in Belgium by simple majority vote. To move it to any other location the Council has to decide unanimously. | ||
- | ==== Article 3 - Language | + | === Article 3 - Language === |
(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. | (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. | ||
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(2) English | (2) English | ||
- | ==== Art. 4 – Principles | + | ===== Aims and Goals ===== |
+ | === Article | ||
(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. | (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. | ||
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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 |
(1) Purpose of the organisation is to represent the European Pirate movement | (1) Purpose of the organisation is to represent the European Pirate movement | ||
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* e) 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 |
(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 | ||
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(2) There are two categories of members: Ordinary Members and Observer Members. | (2) There are two categories of members: Ordinary Members and Observer Members. | ||
- | (3) 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 |
(4) Within | (4) Within | ||
- | ==== Art. 7 – Ordinary Members | + | === Article |
(1) Eligible as Ordinary Members are all parties which | (1) Eligible as Ordinary Members are all parties which | ||
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* i) to have access to use of the Associations logo and other representational devices. | * i) to have access to use of the Associations logo and other representational devices. | ||
- | ==== Art. 8 – Observer Members | + | === Article |
(1) Eligible as Observer Members are | (1) Eligible as Observer Members are | ||
* a) all parties which | * 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, | + | * (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, | + | * (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, | + | * (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, | + | * (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, | + | * (v) maintain a democratic political base and a democratic internal structure, |
- | * vi) are politically active, | + | * (vi) are politically active, |
- | * vii) accept and intend to comply with the regulations of these Statutes and orders of its bodies and | + | * (vii) accept and intend to comply with the regulations of these Statutes and orders of its bodies and |
- | * viii) accept the Pirate Manifesto. | + | * (viii) accept the Pirate Manifesto. |
- | * (b) all parties which | + | * 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, | * (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, | * (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, | * (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, | + | * (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, | * (v) maintain a democratic political base and a democratic internal structure, | ||
* (vi) are politically active, | * (vi) are politically active, | ||
* (vii) accept and intend to comply with the regulations of these Statutes and orders of its bodies and | * (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. | * (viii) strive for similar political goals as the Association. | ||
- | * (c) All organisations which | + | * c) All organisations which |
* (i) carry the term „Pirate“ or any translation of that term somewhere in their organisation name, | * (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, | * (ii) maintain a democratic political base and a democratic internal structure, | ||
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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. | ||
- | * (d) The Pirate Group in the European Parliament and the European Pirate | + | * d) The Pirate Group in the European Parliament and the European Pirate |
- | (2) 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. | + | (2) 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. |
(3) Each Pirate Member of the European Parliament may also become an Observer Member, if it is eligible. | (3) Each Pirate Member of the European Parliament may also become an Observer Member, if it is eligible. | ||
(4) They have the following obligations: | (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, | + | * a) to comply with all the regulations of the Statutes of the Association and all orders of the bodies of the Association, |
- | * (c) 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, | + | * b) 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, |
- | * (d) to stay politically active and participate in elections, if possible and feasible, | + | * c) to stay politically active and participate in elections, if possible and feasible, |
- | * (e) to send their yearly accounts and election results to the Association | + | * d) to send their yearly accounts and election results to the Association |
- | * (f) to conduct their financial organisation in a transparent and accountable manner and | + | * e) to conduct their financial organisation in a transparent and accountable manner and |
- | * (g) to report every year to the Association on the party / organisation and policy developments. | + | * f) to report every year to the Association on the party / organisation and policy developments. |
(5) They have the following rights: | (5) They have the following rights: | ||
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(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 | (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 | ||
- | ==== Art. 10 – Procedure for admitting new Members | + | === Article |
(1) To be eligible to become a Member of the Association, | (1) To be eligible to become a Member of the Association, | ||
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(2) 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 | + | === Article 11 – Change of name and mergers === |
(1) A Member that changes their name or merges with another political party/ | (1) A Member that changes their name or merges with another political party/ | ||
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(4) In case of non-confirmation, | (4) In case of non-confirmation, | ||
- | ==== Art. 12 – Resignation, | + | === Article |
- | (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 to the registered office | + | (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 to the registered office of the Association. The resignation shall come into effect immediately or as otherwise specified in the letter of resignation, |
- | (2) If a new Ordinary Member Party is superordinate to an existing Ordinary | + | (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: | (3) Any member may also be suspended or excluded by the Council on at least one of the following grounds: | ||
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(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 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 |
(7) A member’s affiliation ceases automatically upon death, dissolution, | (7) A member’s affiliation ceases automatically upon death, dissolution, | ||
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(10) 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 |
(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' | (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' | ||
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(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. | (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. | ||
- | ====== Organs | + | ===== Organs ===== |
- | ===== Council | + | ==== Council ==== |
- | ==== Art. 14 - Composition and Powers of the Council | + | === Article |
(1) The Council is the highest decision making body of the Association. | (1) The Council is the highest decision making body of the Association. | ||
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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 law of 27 June 1921 on non-profit associations (ASBL), international non-profit associations (AISBL) and foundations, | + | (5) 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, |
- | 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 law of 27 June 1921 on non-profit associations (ASBL), international non-profit associations (AISBL) and foundations, | + | (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, |
- | 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 meetings. | + | (7) The Board may table resolutions and amendments as well as contribute other items to the agenda of Council meetings. |
- | Internal | + | (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. |
- | 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; | + | (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. |
- | Any appointment, | + | (11) Any appointment, |
- | ==== 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. | + | |
- | + | ||
- | Method of voting will be approval voting, meaning that every voter may have one vote per candidate. | + | |
- | + | ||
- | The order of voting: | + | |
- | + | ||
- | 1) Chairperson\\ | + | |
- | 2) Vice-Chairpersons\\ | + | |
- | 3) Treasurer\\ | + | |
- | 4) further Board Members | + | |
- | + | ||
- | 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. | + | |
- | + | ||
- | An election of the Board must take place at the first council meeting of the year. | + | |
- | + | ||
- | 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. | + | |
- | + | ||
- | 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 ==== | + | |
- | + | ||
- | The | + | |
- | + | ||
- | The Vice-Chairpersons shall support the Chairperson in their tasks and fulfill the Chairperson' | + | |
- | + | ||
- | ==== Art. 19 - Treasurer ==== | + | |
- | + | ||
- | The main focus of this function is to supervise the budget and the accounts | + | |
- | + | ||
- | The Treasurer will initiate legal ways to enlarge the financial means of the Association. | + | |
- | + | ||
- | The Treasurer, and in his absence the Chairperson shall be empowered to accept, either provisionally or definitively, | + | |
- | + | ||
- | The Treasurer will initiate, monitor and publish financial protocols to ensure openness and transparency. The Treasurer shall report to the Council once every three months. | + | |
- | + | ||
- | The Treasurer shall be responsible for accounting requirements and control | + | |
- | + | ||
- | The Treasurer is responsible for the grant application to the European Parliament and the implementation and execution of the financial rules. | + | |
- | + | ||
- | ==== Art. 20 - Representation ==== | + | |
- | + | ||
- | The Board represents the Association in all judicial and extra judicial acts. Represented by the Chairperson or the person substituting for them, it acts as plaintiff or defendant in all the judicial actions and decides whether or not to use recourse. The Board may appoint an attorney-in-fact, | + | |
- | + | ||
- | The Chairperson, | + | |
- | ====== Finances ====== | + | (7) The Council may decide on additional rounds of voting and the admission of new candidates, if a position could not be filled. |
- | ==== Art. 21 – Financial Provisions ==== | + | (8) Method of voting will be approval voting, meaning that every voter may have one vote per candidate. |
- | The financial year of the Association shall run from 1 January to 31 December of the same year. | + | (9) The order of voting: |
+ | * Chairperson; | ||
- | At the end of each financial year, the Board shall adopt the annual | + | (10) If a candidate is elected as a Board member |
- | After approval | + | (11) An election |
- | At least two weeks before | + | (12) In case of resignation or dismissal of a member of the Board, an election |
- | A surplus shall be added to the assets | + | (13) The Board must be elected anew completely, if the number |
- | The Board shall ensure that the annual accounts | + | === Art. 18 - Chairperson |
+ | (1) The Chairperson represents | ||
- | ==== Art. 22 – Reimbursement ==== | + | (2) The Vice-Chairpersons shall support the Chairperson in their tasks and fulfill the Chairperson' |
- | The | + | === Art. 19 - Treasurer === |
+ | (1) The | ||
- | The | + | (2) The Treasurer |
- | ==== Art. 23 – Audit ==== | + | (3) The Treasurer, and in his absence the Chairperson shall be empowered to accept, either provisionally or definitively, |
- | If, | + | (4) The Treasurer will initiate, monitor and publish financial protocols |
- | The | + | (5) The Treasurer |
- | The | + | (6) The Treasurer is responsible for the grant application |
- | The accounts of the Association | + | === Art. 20 - Representation === |
+ | (1) The Board represents | ||
- | ====== Change of Statutes | + | (2) The Chairperson, |
- | ==== Art. 24 - Decision-making-Process ==== | + | ===== Finances ===== |
+ | === Art. 21 – Financial Provisions | ||
+ | (1) The financial year of the Association shall run from 1 January to 31 December of the same year. | ||
- | If not otherwise specified in these Statutes, all decisions taken by the Council or the Board will be decided | + | (2) At the end of each financial year, the Board shall adopt the annual |
- | All votes will be public | + | (3) After approval of the annual accounts |
- | ==== Art. 25 – Change of Statutes ==== | + | |
- | Proposals | + | (5) At least two weeks before |
- | Decisions regarding amendments | + | (6) A surplus shall be added to the assets |
- | Any decision amending the Statutes | + | (7) The Board shall ensure that the annual accounts |
- | ==== Art. 26 – Change of the Pirate Manifesto ==== | + | === Art. 22 – Reimbursement |
+ | (1) The Council may decide to grant reimbursement of costs in relation with offices and functions fulfilled for the Association, | ||
- | The Pirate Manifesto combines | + | (2) The Association will only reimburse |
- | Any changes | + | === Art. 23 – Audit === |
+ | (1) If, pursuant | ||
- | ====== Duration | + | (2) The Council shall determine the number of auditors |
- | ==== Art. 27 – Duration | + | (3) The auditors shall jointly or severally have an unlimited right to scrutinise any transactions of the Association. They may inspect on the premises the books, correspondence, |
- | The Association | + | (4) The accounts of the Association |
- | The Association is not dissolved as a result | + | ===== Change |
+ | === Article 24 - Decision-making-Process === | ||
+ | (1) If not otherwise specified in these Statutes, all decisions taken by the Council | ||
- | In | + | (2) All votes will be public and published in the minutes of a meeting, including those for elections. They shall be done in writing, if appropriate. Votes done in writing are usually appropriate |
+ | === Article 25 – Change of Statutes === | ||
+ | (1) Proposals must be presented in writing by any means (electronic, | ||
- | Except | + | (2) Decisions regarding amendments |
- | It may be dissoluted by a four-fifth majority | + | (3) Any decision |
- | As from the moment | + | === Art. 26 – Change of the Pirate Manifesto === |
+ | (1) The Pirate Manifesto combines | ||
- | In the event that the Association is dissolved, the Council shall decide | + | (2) Any changes |
- | All such decisions have to be duly filed at the clerk’s office of the competent Commercial Court and published in the Annexes | + | ===== Duration |
+ | === Article 27 – Duration and Dissolution === | ||
+ | (1) The Association shall be set up for an unlimited period | ||
- | ====== Transitional Provisions ====== | + | (2) 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. |
- | ==== Art. 28 – Entry into Force ==== | + | (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 (aisbl) shall be transferred to the new legal entity upon the cessation of the activities of the aisbl. |
- | When and if at least 5 European Pirate Parties who are eligible | + | (4) Except in the event of judicial dissolution |
- | The founding | + | (5) It may be dissoluted by a four-fifth majority decision of the Council |
- | * Any European Pirate | + | (6) As from the moment the decision of dissolution is taken, the Association |
- | * Number of Delegates and votes given to each founding member | + | |
- | * 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 | + | (7) In the event that the Association is dissolved, the Council shall decide |
+ | * a) the appointment, | ||
+ | * b) the methods and procedures for the liquidation of the Association and | ||
+ | * c) the destination | ||
- | a) | + | (7) All such decisions have to be duly filed at the clerk’s office |
- | This shall be done by both of the following means: | + | ===== Transitional Provisions ===== |
+ | === Art. 28 – Entry into Force === | ||
+ | (1) 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 | ||
- | a) | + | (2) The founding Council meeting shall in all respects be carried out as a regular council meeting with the following exceptions: |
+ | * a) Any European Pirate Parties who are eligible | ||
+ | * b) 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. | ||
+ | * c) All functions related | ||
- | ==== Art. 29 – Transitional Clause ==== | + | (3) Any European Pirate Party who are eligible to become Ordinary Members have signed and ratified these Statutes have to send notification of any of these acts: |
+ | * a) signing of the Statutes, | ||
+ | * b) ratification of the Statutes or | ||
+ | * c) electing or choosing in any other way a delegate or candidate for the Board of the Association. | ||
- | Within 6 months from the day when the PPEU is recognised | + | (4) 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. | ||
- | At the convention Ordinary Members will have the right to send delegates with voting rights according to the current | + | === Art. 29 – 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 | ||
+ | * a) membership fee and | ||
+ | * b) voting | ||
- | If no agreement on a change can be reached, | + | (2) At the convention Ordinary Members will have the right to send delegates with voting rights according to the current |
- | ====== Annexes ====== | + | (3) If no agreement on a change can be reached, the current regulation in the statutes will continue to apply. |
+ | ===== ANNEXES ===== | ||
==== Annex A - List of Official Translations of the Association' | ==== Annex A - List of Official Translations of the Association' | ||
==== 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