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--- 1st_council_meeting_2015:statutes_changes:polish [2015/06/16 22:29] – [Council] vojtechpikal
+++ 1st_council_meeting_2015:statutes_changes:polish [2015/06/20 22:48] (current) – [Board] vojtechpikal
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 (1) The Council is the highest decision making body of the Association.
-(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.
+(2) The Council shall consist of delegates representing Members as determined according to the Rules for the allocation of delegates and votes as provided for in Article 15.
+Members of the Board and other representatives may participate as well.
-(3) The Council shall consist of delegates representing Members as determined according to the Rules for the allocation of delegates and votes as provided for in Article 15.
+(3) The Council:
-Other representatives of Observer members and Non-Voting-Delegates from Ordinary Members, and Members of the Board may participate as well.
-(4) The Council:
   * a) co-ordinates initiatives and activities consistent with the Association's Manifesto and agreed common policy and the Statutes of the Association;
   * b) is responsible for the political agenda of the Association and adopts policy papers and resolutions;
   * c) elects and recalls the Board and other representatives of the Association, if stated in these statutes;
-  * d) decides on the admittance, suspension and exclusion of Ordinary and Observer Members;
+  * d) decides on the admittance, suspension and exclusion of Members;
-  * e) advises the Pirate Group in the European Parliament on their decisions on the admission of MEPs who do not belong to a Member of the Association, after consultation with the national Pirate party concerned;
+  * 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, after consultation with the national Member(s) concerned;
   * f) supports and evaluates the Board's activities;
-  * g) approves the budget, reports and accounts
+  * g) approves the budget, reports and accounts;
   * h) adopts and changes the Statutes of the Association;
-  * i) adopts Rules of Procedure
+  * i) adopts its Rules of Procedure;
-  * j) decides on all other topics assigned to the Council in the Statutes
+  * j) decides on all other topics assigned to the Council in these Statutes;
-  * k) approves all other fundamental decisions of the Association
+  * k) approves all other fundamental decisions of the Association.
+(4) The Council may validly decide to dissolve the association or amend the statutes only in accordance with the provisions of Belgian law of 27 June 1921 on non-profit associations (ASBL), international non-profit associations (AISBL) and foundations, as amended by the Act of 2 May 2002.
+(5) On the proposal of one-third of the Ordinary Members any member of the Board may be recalled by the Council by a two-thirds majority of the votes cast after debate in Council where the member is given adequate opportunity to present their case.
+== meetings ==
+(6) The Council will meet at least once in a calendar year(annual meeting), more often if requested by at least quarter of the Ordinary Members or by a decision of the Board(ordinary meetings).
-(5) The Council 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, as amended by the Act of 2 May 2002.
+(7) 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.
-(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.
+(8) Meeting may be in person or online. If the Council meeting is in person, remote participation of non-attending members shall be possible.
-(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.
+(9) The Board will prepare the meetings and invite all members by email at least one month before the date of the Council meeting. In urgent cases(extraordinary meetings) 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 law of 27 June 1921 on non-profit associations (ASBL), international non-profit associations (AISBL) and foundations, as amended by the Act of 2 May 2002, the meeting may legitimately consider items not announced on the agenda, provided that all members of the Council are present and/or  represented and so agree at the meeting by a simple majority vote of all the voting Ordinary Members.
+(10) Save in the cases provided for in Articles 8, 12 and 20 of the Belgian law of 27 June 1921 on non-profit associations (ASBL), international non-profit associations (AISBL) and foundations, as amended by the Act of 2 May 2002, the meeting may legitimately consider items not announced on the agenda, provided that all members of the Council are present and/or  represented and so agree at the meeting by a simple majority vote of all the voting Ordinary Members.
-(9) Counter-proposals directly related to items on the agenda shall be published on the website containing the agenda and send by email to all Members preferably one week in advance of the meeting, but the meeting may also adopt proposals handed in until the voting by a simple majority vote of all the voting Ordinary members. If they have been handed in a week in advance of the meeting, they are automatically admitted.
+(11) Counter-proposals directly related to items on the agenda shall be published on the website containing the agenda and send by email to all Members preferably one week in advance of the meeting, but the meeting may also adopt proposals handed in until the voting by a simple majority vote of all the votes. If they have been handed in a week in advance of the meeting, they are automatically admitted.
-(10) Minutes of all Council meetings will be published on an appropriate website of the Association at the latest six weeks after a Council meeting. The minutes shall entail all decisions of the Council and the votes of each Ordinary member, the Pirate Group in the European Parliament and the Young Pirates of Europe (YPE).
+(12) Minutes of all Council meetings will be published on an appropriate website of the Association at the latest six weeks after a Council meeting. The minutes shall entail all decisions of the Council and the votes of voting Members.
 === Article 15 - Allocation of Votes and Delegates ===
-(1) Each Ordinary Member has a minimum entitlement of one vote.
+(1) Each Ordinary Member has a minimum entitlement of 1 vote.
-(2) The Ordinary Member is entitled to one additional vote for each of the  following thresholds reached during the last National or European  elections: 150.000 votes; 400.000 votes; 800.000 votes; 1.200.000 votes;  1.600.000 votes; 2.000.000 votes and every additional million votes.
+(2) The Ordinary Member is entitled to one additional vote for each of the  following thresholds reached during the last National or European  elections: 150.000 votes; 400.000 votes; 800.000 votes; 1.200.000 votes;  1.600.000 votes; 2.000.000 votes and every additional million votes.\\
 The Ordinary Member is entitled to a supplementary vote for each of the  following thresholds reached during the last National or European  elections: 4%, 8%, 12%, 16% and 20%.
-(3) Each Ordinary Member has a minimum entitlement of two delegates.
+(3) Each voting Ordinary Member has a minimum entitlement of 2 delegates.
 (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.
@@ Line 249: / Line 254: @@
 (5) For those sovereign states with more than one Ordinary Member in the European Pirate Party the rules of §§ 1 and 2 are applied as follows:
   * a) Election results for regional parliaments are not used for the allocation system in the European Pirate Party.
-  * b) The additional voting rights based on absolute numbers of votes as allocated under Paragraph 1 apply to each Ordinary Member.
+  * b) The supplementary votes based on absolute numbers of votes as allocated under § 2 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:
+  * c) For the additional votes, the highest national or European election result %s of all Members are summed together and that sum is used for the allocation system.\\ These additional votes are distributed to the Ordinary Member with the highest electoral result %s; In the case these Ordinary Members are regional parties these additional votes are proportionally distributed among those Members based on the highest electoral results %s those Members have in the area where they run respectively.
-    * 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.
-(6) Where Ordinary Members participate in an electoral alliance or coalition,  their votes will be calculated in proportion to the Pirate votes in the  total votes of the alliance/coalition based on the seats gained  respectively by the alliance and the Ordinary Member.
+(6) Where Ordinary Members participate in an electoral alliance or coalition, their votes will be calculated in proportion to the Pirate votes in the total votes of the alliance/coalition based on the seats gained  respectively by the alliance and the Ordinary Member.
 (7) Adjustments to the number of delegates and votes shall be made immediately following elections, whose results change them.
@@ Line 260: / Line 263: @@
 (8) The highest result reached in the last National or European elections is used for calculating the number of votes and delegates.
-(9) In addition to Ordinary Members, the Pirate Group in the European  Parliament and the YPE have the right to four delegates each and to 2 votes each.
+(9) Any Ordinary member may 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.
-(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.
+(10) In addition to Ordinary Members, the Pirate Group in the European  Parliament and the YPE have the right to 4 delegates each and to 2 votes each.
 ==== Board ====
 === Article 16 - Composition and Powers of the Board ===
+== composition ==
-(1) The Board consists of one Chairperson, two Vice-Chairpersons, one Treasurer, and up to five Board members.
+(1) The Board consists of one Chairperson, two Vice-Chairpersons, one Treasurer, and up to five further Board members.
+== powers ==
 (2) The Board is responsible for the permanent political representation of the European Pirate Party, the execution of the Council's decisions and the activities of the European Pirate Party's office.
@@ Line 280: / Line 283: @@
 (7) The Board may table resolutions and amendments as well as contribute other items to the agenda of Council meetings.
-(8) Internal Regulations may be adopted by the Board to regulate its procedure and  the tasks of its members. If Internal Regulations are adopted, they shall be sent to all the members. If Internal Regulations of the Board conflict with the Statutes, the Statutes shall prevail.
+(8) Internal Regulations may be adopted by the Board to regulate its procedure and the tasks of its members. If Internal Regulations are adopted, they shall be sent to all the Board members. If Internal Regulations of the Board conflict with the Statutes, the Statutes shall prevail.
+== transition of powers ==
 (9) For the purposes of certain actions and duties or everyday management functions, the Board may transfer its powers to one or more members of the Board or even another person, who may or may not be a member of the  Association. The Board will have the faculty of special delegate. The  powers of the said person(s) shall be defined precisely by the Board; the Board may at any time revoke these powers with immediate effect.
@@ Line 287: / Line 291: @@
 === Art. 17 - Election of the Board Members ===
+=== nominations ===
 (1) Each candidate must be nominated by an Ordinary Member.
-(2) All nominations must specify the particular post for which the candidate is being proposed (i.e. Chairperson, Vice-Chairperson, Treasurer or a Board Member without a special function). Each Ordinary Member may nominate and support several candidates.
+(2) All nominations must specify the particular post for which the candidate is being proposed (i.e. Chairperson, Vice-Chairperson, Treasurer or a further Board Member). Each Ordinary Member may nominate and support several candidates.
 (3) All nominations shall be done at least a month prior to the meeting at which the election takes place.
+=== elections ===
 (4) All posts will be voted on separately, but if more than one person shall be elected for a certain position (e.g. two Vice-Chairpersons and the Board members without a special function), the election may be done in one round of voting.
-(5) If only one candidate is to be elected, the candidate who gains more than 50% of the votes cast and most of the votes in the first round, is the person elected.
+(5) The order of voting:
+  * Chairperson; Vice-Chairpersons; Treasurer; further Board Members
+=== election process ===
+(6) Method of voting will be approval voting, meaning that each voter may vote once for each candidate.
+(7) If only one candidate is to be elected, the candidate who gains more than 50% of the votes cast and most of the votes in the first round, is the person elected.\\
 Should no candidate gain more than 50% of the first round voting, a second round will be run between the two highest scoring candidates. The candidate who receives more than 50% of the votes cast and most of the votes in the second round is elected.
-(6) If several candidates are to be elected, the candidates who gain more than 50% of the votes cast in order of the highest result to the lowest are elected, until all positions are filled.
+(8) If several candidates are to be elected, the candidates who gain more than 50% of the votes cast in order of the highest result to the lowest are elected, until all positions are filled.\\
 If not enough candidates have reached 50% of the votes cast, a second round of voting will be held. In the second round only those candidates who got the highest number of votes will be eligible. The number of candidates shall be double the number of positions still needing to be filled. The candidates who gain more than 50% of the votes cast in order of the highest result to the lowest are elected in the second round, until all positions are filled.
-(7) The Council may decide on additional rounds of voting and the admission of new candidates, if a position could not be filled.
+(9) The Council may decide on additional elections and the admission of new candidates, if a position could not be filled.
-(8) Method of voting will be approval voting, meaning that every voter may have one vote per candidate.
+(10) If a candidate is elected as a Board member and they accept, they will automatically lose any mandate as a delegate in the Council after the meeting of the Council is over. They may not accept a new delegation while still in office.
-(9) The order of voting:
+(11) An election of the Board must take place at the annual council meeting.
-  * Chairperson; Vice-Chairpersons; Treasurer; further Board Members
-(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.
+(12) In case of resignation or recall 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.
-(11) An election of the Board must take place at the first council meeting of the year.
+(13) The Board must be elected anew completely, if the number of the active Board members in office drops below four.
-(12) In case of resignation or dismissal of a member of the Board, an election to replace the member will take place at the following Ordinary Council meeting. The person elected will stay in office for the period coinciding with the end of term of all the other Board members.
+(14) The Council may decide with a simple majority of the votes cast that a Board member is inactive. The remaining active Board members have to issue an invitation to an Extraordinary Council meeting. If no active Board members are left, any Ordinary Member may issue an invitation to an Extraordinary Council meeting acting by at least one of their official delegates. The Extraordinary Council meeting shall only convene to elect a new Board. No other topics may be decided upon. Except for an appropriately shortened time between the invitation and the date of the Council meeting, all other rules regulating Ordinary Council meetings shall apply.
-(13) The Board must be elected anew completely, if the number of the active Board members in office drops below four. The Council may decide with a simple majority of the votes cast that a Board member is inactive. The remaining active Board members have to issue an invitation to an Extraordinary Council meeting. If no active Board members are left, any Ordinary Member may issue an invitation to an Extraordinary Council meeting acting by at least one of their official delegates. The Extraordinary Council meeting shall only convene to elect a new Board. No other topics may be decided upon. Except for an appropriately shortened time between the invitation and the date of the Council meeting, all other rules regulating Ordinary Council meetings shall apply.
 === Art. 18 - Chairperson and Vice-Chairpersons ===
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 === Art. 19 - Treasurer ===
-(1) The  main focus of this function is to supervise the budget and the accounts  and to exercise financial control. All payments are made by the Treasurer or the person authorized to make payments.
+(1) The  main focus of this function is to supervise the budget and the accounts and to exercise financial control. All payments are made by the Treasurer or the person authorized to make payments.
-(2) The Treasurer will initiate legal ways to enlarge the financial means of the Association.
+(2) The Treasurer will initiate legal ways to enlarge the financial resources of the Association.
 (3) The Treasurer, and in his absence the Chairperson shall be empowered to accept, either provisionally or definitively, the gifts made to the  Association and to complete all formalities necessary in order to acquire them.
@@ Line 336: / Line 344: @@
 === Art. 20 - Representation ===
-(1) 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, and is legally bound by acts of such a person within the limits of their power of attorney.
+(1) The Board represents the Association in all judicial and extrajudicial 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, and is legally bound by acts of such a person within the limits of their power of attorney.
 (2) The Chairperson, the Vice-Chairperson, the Treasurer, and any person so appointed by the Board are individually authorised to legally represent the association and to sign contracts on behalf of the association.
 ===== Finances =====
 === Art. 21 – Financial Provisions ===
-(1) The financial year of the Association shall run from 1 January to 31 December of the same year.
+(1) The financial year of the Association shall run from the 1st of January to the 31st of December of the same year.
-(2) At  the end of each financial year, the Board shall adopt the annual  accounts for the past financial year and the budget for the next year in  the manner provided for by law and shall then submit them annually for  approval by the Council.
+(2) At the end of each financial year, the Board shall adopt the annual  accounts for the past financial year and the budget for the next year in  the manner provided for by law and shall then submit them annually for  approval by the Council.
 (3) After approval of the annual accounts and the budget, the Council shall vote separately on granting discharge to the members of the Board.
-(5) At least two weeks before the annual Council meeting, the accounts and  budget shall be communicated to the members of the Council, who may then  ask to inspect, without removal, any of the documents on which these  accounts and budgets are based.
+(4) At least two weeks before the annual Council meeting, the accounts and  budget shall be communicated to the members of the Council, who may then  ask to inspect, without removal, any of the documents on which these  accounts and budgets are based.
 (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.
@@ Line 357: / Line 364: @@
 (1) The  Council may decide to grant reimbursement of costs in relation with  offices and functions fulfilled for the Association, if the financial  situation of the Association allows. This decision will be made at the  annual Council meeting together with the adoption of the budget for the  next year.
-(2) The Association will only reimburse the travel costs or accommodation costs  or other costs relating to each meeting under presentation of original  receipts and tickets. The original tickets/receipts for any event,  including the Council meetings, must be send to the PPEU office before  the last day of February of the year after the event. After that date,  no reimbursement may be requested.
+(2) The Association will only reimburse the travel costs or accommodation costs or other costs relating to each meeting under presentation of original receipts and tickets. The original tickets/receipts for any event,  including the Council meetings, must be send to the PPEU office before the last day of February of the year after the event. After that date, no reimbursement may be requested.
 === 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  Associations and the status of transactions to be reflected in the annual accounts shall be entrusted to one or more auditors appointed by the Council from among the members of the Belgian Institute of Company  Auditors (Institut des Réviseurs d'Entreprises/Instituut der  bedrijfsrevisoren).
+(1) If, pursuant to the provisions applicable to it, the Association is so  required, auditing of the financial condition, annual accounts and their  regularity from the point of view of the Law on Not-for-profit Associations and the status of transactions to be reflected in the annual accounts shall be entrusted to one or more auditors appointed by the Council from among the members of the Belgian Institute of Company Auditors (Institut des Réviseurs d'Entreprises/Instituut der bedrijfsrevisoren).
 (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.
@@ Line 370: / Line 377: @@
 ===== Change of Statutes and the Pirate Manifesto and Decision-making-Process =====
 === 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 of the votes cast.
+(1) If not otherwise specified in these Statutes, all decisions taken by the Council or the Board will be decided by a simple majority of the votes cast. Abstentions will not be taken into account.
-(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 for the election of members of the Board. To fulfil the requirement of a written vote, an email or chat protocol will be enough. Abstentions will not be taken into account.
+(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 for the election of members of the Board. To fulfil the requirement of a written vote, an email or chat protocol will be sufficient.
 === 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 for deliberation at least four weeks prior to the meeting at which the Council will deliberate and decide on those  proposals. The proposed amendments to the Articles of Association must  be attached to the notice calling the meeting of the Council. A  reference to a website displaying the proposed changes of the Statutes would also be sufficient.
+(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 for deliberation at least four weeks prior to the meeting at which the Council will deliberate and decide on those proposals. The proposed amendments to the Articles of Association must be attached to the notice calling the meeting of the Council. A reference to a website displaying the proposed changes of the Statutes would also be sufficient.
 (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.
@@ Line 408: / Line 415: @@
 ===== 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, to be held in Brussels at which time these statutes shall enter 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 Parliament representing the Swedish Pirate Party shall call for a founding Council meeting of the association, to be held in Brussels at which time these statutes shall enter into force.
 (2) The founding Council meeting shall in all respects be carried out as a regular council meeting with the following exceptions:
@@ Line 421: / Line 428: @@
 (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
+  * a) by email to the Members of the European Parliament representing the Swedish Pirate Party
   * b) by sending a letter to the official seat of the Association according to these Statutes.