statutes:final
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statutes:final [2015/06/21 00:43] – [Annex A - List of Official Translations of the Association's Name] vojtechpikal | statutes:final [2022/09/17 07:22] (current) – [Code of Conduct Council] alessandro | ||
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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 ===== | ||
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=== Article 1 – Name === | === Article 1 – Name === | ||
- | (1) The official name of the association shall be " | + | (1) The official name of the association shall be " |
(2) A list of official translations of the association' | (2) A list of official translations of the association' | ||
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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 === | ||
- | (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. |
- | (2) English | + | (2) English shall be the working language of the Association. Any initiatives and proposals can only be adopted, if they have been translated into English prior to the start of the decision-making-process on the level of the Association. |
===== Aims and Goals ===== | ===== Aims and Goals ===== | ||
=== Article 4 – Principles === | === Article 4 – Principles === | ||
- | (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. |
- | (2) The Association shall work as transparent as possible, regarding the protection of personal data and the right to privacy of the people | + | (2) The Association shall work as transparent as possible, regarding the protection of personal data and the right to privacy of the people involved. |
- | (3) The Association shall take into account the opinions of the individual | + | (3) The Association shall take into account the opinions of the individual |
(4) The Association shall adhere to all regulations necessary to being recognized as a Party at European level. | (4) The Association shall adhere to all regulations necessary to being recognized as a Party at European level. | ||
- | (5) The members of the Association shall adopt a common Pirate Manifesto (Annex C) which shall reflect the principles and policies of the European Pirate movement. | + | (5) The members of the Association shall adopt a common Pirate Manifesto (Annex C) which shall reflect the principles and policies of the European Pirate movement. |
- | (6) All decisions concerning choices and attitudes of PPEU member parties or political organizations in their own countries remain strictly under the sovereignty of national parties. | + | (6) All decisions concerning choices and attitudes of PPEU member parties or political organizations in their own countries remain strictly under the sovereignty of national parties. |
- | (7) The Association may carry out all operations and conduct all activities | + | (7) The Association may carry out all operations and conduct all activities |
The Association does not undertake industrial or commercial transactions and does not seek to procure a profit to its members. | The Association does not undertake industrial or commercial transactions and does not seek to procure a profit to its members. | ||
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=== Article 6 – Membership ==== | === Article 6 – Membership ==== | ||
- | (1) The number of members is unlimited, but may not be less than five Ordinary | + | (1) The number of members is unlimited, but may not be less than five Ordinary |
(2) There are two categories of members: Ordinary Members and Observer Members. | (2) There are two categories of members: Ordinary Members and Observer Members. | ||
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(1) Eligible as Observer Members are | (1) Eligible as Observer Members are | ||
- | * a) all parties which | + | |
- | * (i) are established as a political party or in another form, if their region, country or state does not allow them to become a party (or makes it very difficult for them), in a region, country or state of at least a part of the geographical Europe, | + | * a) All organisations |
- | | + | * (i) strive for similar political goals as expressed in the Pirate |
- | * (iii) carry the term „Pirate“ or any translation of that term somewhere in their party or organisation name, | + | |
- | * (iv) intend to participate in elections in their region, country or state, if legally possible and feasible, | + | |
- | * (v) maintain a democratic political base and a democratic internal structure, | + | |
- | * (vi) are politically active, | + | |
- | * (vii) accept and intend to comply with the regulations of these Statutes and orders of its bodies and | + | |
- | * (viii) accept the Pirate Manifesto. | + | |
- | * b) all parties | + | |
- | * (i) are established as a political party or in another form, if their region, country or state does not allow them to become a party (or makes it very difficult for them), in a region, country or state outside of geographical Europe, | + | |
- | * (ii) are not subordinate to another party or organisation, | + | |
- | * (iii) carry the term „Pirate“ or any translation of that term somewhere in their party or organisation name, | + | |
- | * (iv) intend to participate in elections in their region, country or state, if legally possible and feasible, | + | |
- | * (v) maintain a democratic political base and a democratic internal structure, | + | |
- | * (vi) are politically active, | + | |
- | * (vii) accept and intend to comply with the regulations of these Statutes and orders of its bodies and | + | |
- | * (viii) strive for similar political goals as the Association. | + | |
- | * c) All organisations which | + | |
- | * (i) carry the term „Pirate“ or any translation of that term somewhere in their organisation name, | + | |
* (ii) maintain a democratic political base and a democratic internal structure, | * (ii) maintain a democratic political base and a democratic internal structure, | ||
* (iii) are politically active, | * (iii) are politically active, | ||
* (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 | ||
- | | + | |
- | * 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. | ||
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=== Article 13 – Membership Fees === | === Article 13 – Membership Fees === | ||
- | (1) A fee is requested of the Ordinate | + | (1) A fee is requested of the Ordinate |
(2) The annual Membership Fees of the Association' | (2) The annual Membership Fees of the Association' | ||
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(6) Member parties who do not meet their financial commitments will lose all voting and speaking rights within the organs and bodies of the association as well as their right to propose candidates for positions | (6) Member parties who do not meet their financial commitments will lose all voting and speaking rights within the organs and bodies of the association as well as their right to propose candidates for positions | ||
- | (7) Members must pay their annual contribution | + | (7) Members must pay their annual contribution |
(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. | ||
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(1) The Council is the highest decision making body of the Association. | (1) The Council is the highest decision making body of the Association. | ||
- | (2) Council meetings are normally | + | (2) Council meetings are open to the public unless the Council itself decides otherwise for all or a part of the council meeting. This shall be the exception and may only be decided for reasons of protecting the data of an individual or for similar concerns. |
(3) The Council shall consist of delegates representing Ordinary Members, Pirate Group in the European Parliament and the Young Pirates of Europe (YPE) determined according to the Rules for the allocation of delegates and votes as provided for in Article 15. | (3) The Council shall consist of delegates representing Ordinary Members, Pirate Group in the European Parliament and the Young Pirates of Europe (YPE) determined according to the Rules for the allocation of delegates and votes as provided for in Article 15. | ||
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* 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. | ||
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(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 members. If Internal Regulations of the Board conflict with the Statutes, the Statutes shall prevail. | ||
- | (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 | + | (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 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 === | ||
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(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. | (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. | ||
- | (11) An election of the Board must take place at the first council meeting of the year. | + | (11) An election of the Board must take place once a year. The time between elections shall not exceed 15 months. |
(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. | (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. | ||
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(2) The Chairperson, | (2) The Chairperson, | ||
+ | |||
+ | ==== Code of Conduct Council ==== | ||
+ | === Art. 20a - Code of Conduct Council === | ||
+ | (1) Elections to the Code of Conduct Council are to be held at the same time as the PPEU board. 3 individuals are to be elected to the Code of Conduct Council. The appointment of the Council shall be done at a PPEU council meeting. | ||
+ | |||
+ | (2) The Code of Conduct Council has mediation and assistance in the event of disagreement, | ||
+ | |||
+ | (3) The Code of Conduct Council is independent in its work. | ||
+ | |||
+ | (4) Pirate affiliates, PPEU board and individual members can refer cases to the Code of Conduct Council and the Code of Conduct Council can also take action on their own initiative. | ||
+ | |||
+ | (5) The Code of Conduct Council makes recommendations and decisions that it recommends the PPEU board to execute. | ||
+ | |||
+ | (6) Upon choosing members of the Code of Conduct Council, special competence in human relations, independent working methods and general trust among members of the PPEU should be assessed. It is desirable that they have previously held confidential positions within their party or PPEU. Members of the Code of Conduct Council shall not perform any other held positions for the PPEU while they are members of the Code of Conduct Council. | ||
+ | |||
+ | (7) The appointment of a member of the Code of Conduct Council is in keeping with the appointment time of the PPEU board. | ||
===== Finances ===== | ===== Finances ===== | ||
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(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. | (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. | ||
- | (7) The Board shall ensure that the annual accounts and the other documents | + | (7) The Board shall ensure that the annual accounts and the other documents referred to in the law on not-for-profit |
=== Art. 22 – Reimbursement === | === Art. 22 – Reimbursement === | ||
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=== 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, auditing of the financial condition, annual accounts and their regularity from the point of view of the law on not-for-profit |
(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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(4) The accounts of the Association are to be audited annually or as often as the law necessitates. | (4) The accounts of the Association are to be audited annually or as often as the law necessitates. | ||
+ | |||
+ | (5) Until the conditions of the Art 23 (1) are met, the council shall elect one or more lay auditors. The regulations of Art. 23 (2) and (3) are applied accordingly. | ||
===== Change of Statutes and the Pirate Manifesto and Decision-making-Process ===== | ===== Change of Statutes and the Pirate Manifesto and Decision-making-Process ===== | ||
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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 (RCS) and published |
=== 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: | ||
- | * 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 === | + | === Art. 28 – Transitional Clause === |
(1) Within 6 months from the day when the PPEU is recognised by the EU as a Political Party at the EU level an extraordinary convention shall convene to revise all statutes and in particular to decide on new paragraphes regulating | (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 |
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