statutes:final
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| statutes:final [2015/05/17 17:50] – vojtechpikal | statutes:final [2018/10/31 10:21] – Update bastian | ||
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| - | This page includes the current draft of the PPEU Statutes, taking into account the decisions at the Warsaw conference. | + | ====== |
| - | ====== | + | |
| ===== PREAMBLE ===== | ===== PREAMBLE ===== | ||
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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 ===== | ===== CONSTITUTION ===== | ||
| - | ==== General Provisions ==== | + | ===== General Provisions |
| === Article 1 – Name === | === Article 1 – Name === | ||
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| === 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 Luxembourg. |
| - | (2) The | + | (2) The Board may move the seat anywhere in Luxembourg. |
| === Article 3 - Language === | === Article 3 - Language === | ||
| Line 49: | Line 48: | ||
| (2) English | (2) English | ||
| - | ==== Aims and Goals ==== | + | ===== Aims and Goals ===== |
| === Article 4 – Principles === | === Article 4 – Principles === | ||
| Line 77: | Line 76: | ||
| * 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 |
| === Article 6 – Membership ==== | === Article 6 – Membership ==== | ||
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| (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, | ||
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| (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: | ||
| Line 256: | Line 255: | ||
| * k) approves all other fundamental decisions of the Association | * k) approves all other fundamental decisions of the Association | ||
| - | (5) 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 |
| (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. | (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. | ||
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| (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. | (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. | ||
| - | (8) Save in the cases provided for in Articles 8, 12 and 20 of the Belgian | + | (8) Save in the cases provided for in Articles |
| (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. | (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. | ||
| - | (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). | + | (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). |
| === Article 15 - Allocation of Votes and Delegates === | === Article 15 - Allocation of Votes and Delegates === | ||
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| (9) For the purposes of certain actions and duties or everyday management functions, the Board may transfer its powers to one or more members of the Board or even another person, who may or may not be a member of the Association. The Board will have the faculty of special delegate. The powers of the said person(s) shall be defined precisely by the Board; the Board may at any time revoke these powers with immediate effect. | (9) For the purposes of certain actions and duties or everyday management functions, the Board may transfer its powers to one or more members of the Board or even another person, who may or may not be a member of the Association. The Board will have the faculty of special delegate. The powers of the said person(s) shall be defined precisely by the Board; the Board may at any time revoke these powers with immediate effect. | ||
| - | |||
| - | (11) Any appointment, | ||
| === Art. 17 - Election of the Board Members === | === Art. 17 - Election of the Board Members === | ||
| Line 392: | Line 389: | ||
| === Art. 23 – Audit === | === Art. 23 – Audit === | ||
| - | (1) If, pursuant to the provisions applicable to it, the Association is so required, auditing of the financial condition, annual accounts and their regularity from the point of view of the Law on Not-for-profit | + | (1) If, pursuant to the provisions applicable to it, the Association is so required, auditing of the financial condition, annual accounts and their regularity from the point of view of the Law on Not-for-profit Associations and the status of transactions to be reflected in the annual accounts shall be entrusted to one or more auditors appointed by the Council from among the members of the Luxembourgish |
| (2) The Council shall determine the number of auditors and their remuneration. The auditors shall be appointed for a renewable term of three years. The Council may revoke their mandates at any time, but have to appoint new auditors at the same time. Any auditor appointed to replace an auditor who has resigned in the course of his term of office completes the latter’s term. | (2) The Council shall determine the number of auditors and their remuneration. The auditors shall be appointed for a renewable term of three years. The Council may revoke their mandates at any time, but have to appoint new auditors at the same time. Any auditor appointed to replace an auditor who has resigned in the course of his term of office completes the latter’s term. | ||
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| (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. | (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. | ||
| - | (3) Any decision amending the Statutes shall be submitted to the Belgian Minister of Justice | + | (3) Any decision amending the Statutes shall be submitted to the Company Registrar (RCSL) |
| === Art. 26 – Change of the Pirate Manifesto === | === Art. 26 – Change of the Pirate Manifesto === | ||
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| (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. | (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. | ||
| - | (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 | + | (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. |
| (4) Except in the event of judicial dissolution and automatic dissolution due to the requirements of the law, the association may be prematurely | (4) Except in the event of judicial dissolution and automatic dissolution due to the requirements of the law, the association may be prematurely | ||
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| * c) the destination to be given to the net assets of the Association. The net assets of the Association will have to be allocated to a non-profit purpose. They may be divided among the member parties according to their financial contributions. | * c) the destination to be given to the net assets of the Association. The net assets of the Association will have to be allocated to a non-profit purpose. They may be divided among the member parties according to their financial contributions. | ||
| - | (7) All such decisions have to be duly filed at the clerk’s office of the competent Commercial Court and published | + | (8) All such decisions have to be duly filed and published |
| ===== Transitional Provisions ===== | ===== 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 of the association, | ||
| - | (2) The founding Council meeting shall in all respects be carried out as a regular council meeting with the following exceptions: | + | === Art. 28 – Transitional Clause === |
| - | * a) Any European Pirate Parties who are eligible to become Ordinary Members and have signed and ratified these Statutes represented by delegate(s) at the Founding Council shall be considered a founding member. | + | |
| - | * 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 to the meeting normally carried out by the board shall be carried out by the Pirate Members of the European parliament. | + | |
| - | + | ||
| - | (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. | + | |
| - | + | ||
| - | (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. | + | |
| - | + | ||
| - | === 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 and in particular to decide on new paragraphes regulating | (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 | * a) membership fee and | ||
| Line 465: | Line 446: | ||
| (3) If no agreement on a change can be reached, the current regulation in the statutes will continue to apply. | (3) 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