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statutes:draft:membership

<hidden onHidden=“M10 ⇲” onVisible=“M10 ⇱” initialState=“visible”> The number of members is unlimited, but may not be less than ten Ordinary Members from at least one fourth of the EU countries. All Members, except for Supporting Members, shall be legal entities constituted according to the laws and customs of their country of origin. If a member does not possess legal personality according to the laws and customs of its country of origin, it must appoint a natural person to act in the name and on behalf of its organisation and its members as a common attorney-in-fact. In case of a change of representation, the Secretary General of the association is immediately informed in writing.

There are five categories of members:

  • Ordinary Members
  • Associate Members
  • Observer Members
  • Supporting Members
  • Special Members

Members shall maintain their name, identity and autonomy of action within the scope of their national and regional responsibilities. </hidden>

<hidden onHidden=“M20 ⇲” onVisible=“M20 ⇱” initialState=“visible”> Ordinary Members

Eligible as Ordinary Members are all parties which

  • are established as a political party in a country or state of the European Union,
  • are not subordinate to any other party in this country or state,
  • carry the term „Pirate“ or any translation of that term somewhere in their party name,
  • intend to participate in elections to the European Parliament,
  • maintain a democratic political base and a democratic internal structure,
  • are politically active,
  • accept and comply with the regulations of these Statutes and orders of its bodies and
  • accept the Common Manifesto.

They have the following obligations:

  • to comply with all the regulations of the Statutes of the Association and all orders of the bodies of the Association,
  • to cease and desist any actions which may harm the Association or are contrary to the objects and principles of the Association or go against the policies laid down in the Common Manifesto or damage the Association in any other way,
  • to regularly attend Council meetings of the Association,
  • to participate in the political discussion and decisions of the Association,
  • to stay politically active and participate in elections,
  • to send their yearly accounts and election results to the Association or a link to them, if they are published accessable for everyone online,
  • to conduct their financial organisation in a transparent and accountable manner,
  • to pay their designated fee as Ordinary Members in a timely manner and
  • to report every year to the Association on party and policy developments.

They have the following rights:

  • to vote in the Council on every matter,
  • to participate in the political discussions and to speak at Council meetings,
  • to participate in the development of the political agenda,
  • to participate in the decision making process,
  • to have access to all non-confidential documents of the Association,
  • to table resolutions and amendments as well as contribute other items to the agenda of Council meetings,
  • to participate in common campaigns,
  • to appoint delegates and arbitrators and propose candidates for the Board and
  • to have access to use of the Associations logo and other representational devices.

</hidden>

<hidden onHidden=“M30 ⇲” onVisible=“M30 ⇱” initialState=“visible”> Associate Members

Eligible as Associate Members are all parties which

  • are established as a political party or in another form, if their country or state does not allow them to become a party, in a country or state of at least a part of the geographical Europe without being a member state of the European Union,
  • are not subordinate to any other party in this country or state,
  • carry the term „Pirate“ or any translation of that term somewhere in their party name,
  • intend to participate in elections in their country or state, if legally possible and feasible,
  • maintain a democratic political base and a democratic internal structure,
  • are politically active,
  • accept and comply with the regulations of these Statutes and orders of its bodies and
  • accept the Common Manifesto.

They have the following obligations:

  • to comply with all the regulations of the Statutes of the Association and all orders of the bodies of the Association,
  • to cease and desist any actions which may harm the Association or are contrary to the objects and principles of the Association or go against the policies laid down in the Common Manifesto or damage the Association in any other way,
  • to regularly attend Council meetings of the Association,
  • to participate in the political discussion and decisions of the Association,
  • to stay politically active and participate in elections, if possible and feasible,
  • to send their yearly accounts and election results to the Association or a link to them, if they are published accessable for everyone online,
  • to conduct their financial organisation in a transparent and accountable manner,
  • to pay their designated fee as Associate Members in a timely manner and
  • to report every year to the Association on party and policy developments.

They have the following rights:

  • to vote in the Council on every matter, except for decisions involving the policies and structure of the European Union or its institutional system,
  • to participate in the political discussions and to speak at Council meetings,
  • to participate in the development of the political agenda,
  • to participate in the decision making process,
  • to have access to all non-confidential documents of the Association,
  • to table resolutions and amendments as well as contribute other items to the agenda of Council meetings,
  • to participate in common campaigns,
  • to appoint delegates and arbitrators and propose candidates for the Board and
  • to have access to use of the Associations logo and other representational devices.

If the state in which the Associated Member Party is established effectively becomes a member of the European Union, such Associated Member Party shall automatically become an Ordinary Member Party as from the date of the adherence of such state to the European Union. </hidden>

<hidden onHidden=“M40 ⇲” onVisible=“M40 ⇱” initialState=“visible”> Observer Members

Eligible as Observer Members are

1. all parties which

  • are established as a political party or in another form, if their region, country or state does not allow them to become a party, in a region, country or state of at least a part of the geographical Europe,
  • are subordinate to another Ordinary or Associate Member Party or one eligible to become such a member party,
  • carry the term „Pirate“ or any translation of that term somewhere in their party or organisation name,
  • intend to participate in elections in their region, country or state, if legally possible and feasible,
  • maintain a democratic political base and a democratic internal structure,
  • are politically active,
  • accept and intend to comply with the regulations of these Statutes and orders of its bodies and
  • accept the Common Manifesto.

2. all parties which

  • are established as a political party or in another form, if their region, country or state does not allow them to become a party, in a region, country or state outside of geographical Europe,
  • are not subordinate to another party or organisation,
  • carry the term „Pirate“ or any translation of that term somewhere in their party or organisation name,
  • intend to participate in elections in their region, country or state, if legally possible and feasible,
  • maintain a democratic political base and a democratic internal structure,
  • are politically active,
  • accept and intend to comply with the regulations of these Statutes and orders of its bodies and
  • strive for similar political goals as the Association.

3. All organisations which

  • carry the term „Pirate“ or any translation of that term somewhere in their organisation name,
  • maintain a democratic political base and a democratic internal structure,
  • are politically active,
  • accept and intend to comply with the regulations of these Statutes and orders of its bodies and
  • strive for similar political goals as the Association and are closely linked to it.

They have the following obligations:

  • to comply with all the regulations of the Statutes of the Association and all orders of the bodies of the Association,
  • to cease and desist any actions which may harm the Association or are contrary to the objects and principles of the Association or go against * the policies laid down in the Common Manifesto or damage the Association in any other way,
  • to stay politically active and participate in elections, if possible and feasible,
  • to send their yearly accounts and election results to the Association or a link to them, if they are published accessable for everyone online,
  • to conduct their financial organisation in a transparent and accountable manner and
  • to report every year to the Association on the party / organisation and policy developments.

They have the following rights:

  • to participate in the political discussions and to speak at Council meetings,
  • to participate in the development of the political agenda,
  • to participate in the decision making process,
  • to have access to all non-confidential documents of the Association,
  • to table resolutions and amendments as well as contribute other items to the agenda of Council meetings,
  • to participate in common campaigns and
  • to have access to use of the Associations logo and other representational devices.

A party which is eligible to become an Ordinary or Associate Member may decide to apply only for the status as Observer Member. It may at any time apply for another membership status, if it fulfils the necessary conditions. The procedure detailed under Art. 15 needs to be repeated to change the membership status. </hidden>

<hidden onHidden=“M50 ⇲” onVisible=“M50 ⇱” initialState=“visible”> Supporting members Eligible as Supporting Members are all individuals which

  • are not a member of any member party or organisation,
  • accept and intend to comply with the regulations of these Statutes and orders of its bodies and
  • accept the Common Manifesto.

They have the following obligations:

  • to pay their designated fee as a Supporting Member in a timely manner,
  • to comply with all the regulations of the Statutes of the Association and all orders of the bodies of the Association and
  • to cease and desist any actions which may harm the Association or are contrary to the objects and principles of the Association or go against the policies laid down in the Common Manifesto or damage the Association in any other way.

They have the following rights:

  • to participate in the political discussions and to speak at Council meetings,
  • to participate in the development of the political agenda,
  • to participate in the decision-making process,
  • to have access to all non-confidential documents of the Association,
  • to table resolutions and amendments as well as contribute other items to the agenda of Council meetings, if sponsored by another member,
  • to participate in common campaigns and
  • to have access to use of the Associations logo and other representational devices.

</hidden>

<hidden onHidden=“M60 ⇲” onVisible=“M60 ⇱” initialState=“visible”> Special Members

Special Members are the Pirate Group in the European Parliament and the European Pirate Youth Organisation, if they exist.

The Pirate Group in the European Parliament and the European Pirate Youth Organisation will automatically be treated like an Ordinary Member concerning their rights and like an Observer Member concerning their obligations.

Each Pirate Member of the European Parliament may also become a Supporting Member, if it is eligible. </hidden>

<hidden onHidden=“M70 ⇲” onVisible=“M70 ⇱” initialState=“visible”> Admission of new members

To be eligible to become a Member of the Association, any aspiring party, organisation or individual needs to send an application to the Secretary General of the Association to the address of the official seat. An email will suffice.

The application shall be distributed to all Board members and Council delegates. If the application is not from an individual aspiring to become a Supporting Member, the application shall be published on the official website of the Association.

The Secretary General sends a letter or email of acknowledgement of the application to the applicant, as well as the procedure that will be followed as regards its application. At the same time, the Secretary General sends general information on the Association, a copy of the Statutes and the Common Manifesto. The applicant is asked to confirm its consent to the contents of the Statutes and the Common Manifesto or to confirm that it shares in general the political goals of the Association, if the applicant applied for an Observer Member status which does not require to acknowledge the Common Manifesto. The applicant, if not an individual, should translate into English its own political programme and its Statutes, if the applicant is not a Supporting Member. If the applicant has less than 500 members, a summary of the structure of its party or organisation and its political programme in English will be sufficient. The applicant should further inform Association of the number of registered members, political representatives as well as the budget and accounts. The Association may request further information (e.g. a short history of the party of the applicant, competing Pirate parties, existing of a youth wing, informations about the electoral system of the state, country or region of the applicant etc.).

The Secretary General and the Treasurer will assess these and other relevant informations and send the received documents and his recommendation to the other Board members, the Council members and publish them on the Association's website, if the documents received are non-confidential and publication would not be a breach of privacy. The Treasurer will give a recommendation on the amount of the membership fee. Where there is an existing Ordinary or Associate Member in the same country or politico-geographic region as the applicant, that Member shall be consulted on the application and its views included in the supporting documentation.

If the Council members receive the recommendations and the adhering documents not later than a month before the next Council meeting, they shall vote on the application at the next Council meeting. The names of the applying parties, organisations or individuals on whose application the Council will vote shall be named in the agenda of the meeting sent to all Council members with the invitation to the next Council meeting. If this was not done, the non-attending Council members shall be allowed to send their vote on the applicants after the Council meeting.

The membership is granted, if the Council decides on it with a two-third majority. The Council need not give reasons for accepting or rejecting applications. As soon as the decision of the Council is valid and the new member has paid its membership fee, it may exercise all its rights and is bound to all obligations of its membership.

In Annex B to these Statutes all the member parties and member organisations are listed. A register of all the members will be kept at the registered office of the Association. This register lists the surname, first name, place of residence, date and place of birth of members or, in the case of legal persons or de facto associations, the name, legal form, address of the registered office, identity of the representative and, where applicable, the registration number in accordance with existing legislation and/or regulations. The list shall be updated every year by recording membership changes by name in alphabetical order. Any member of the association may consult the list of members at the association’s registered office free of charge. Third parties with an evident serious concern may request extracts, which shall be signed by the Secretary General and shall accordingly be brought to the attention of the persons concerned by letter or email from the Board.

Within one month of announcement of the statutes, a list must be deposited with the registry of the civil court for the place where the association is established, recording the name, legal form, address of the registered office, identity of the representative and, where applicable, the registration number in accordance with existing legislation and/or regulations of all the Ordinary members of the association in alphabetical order. The list shall be updated every year by recording membership changes by name in alphabetical order. </hidden>

<hidden onHidden=“M80 ⇲” onVisible=“M80 ⇱” initialState=“visible”> Modification of name and Mergers

A Member that changes name or merges with another political party/organisation must inform the Secretary General.

The Board shall assess the degree of continuity of the new party/organisation with the Association's member and will decide on the confirmation of the membership status. This decision shall be confirmed by the Council. Both decisions require a two-third majority.

In case of confirmation of the continuity of the membership status; the member will be considered having accepted the Association's decisions applicable to the former member and will be responsible for all it’s obligations vis-à-vis the Association, including financial.

In case of non-confirmation, the Council shall give reasons for the decision and the new party/organisation may submit a new application for membership.</hidden>

<hidden onHidden=“M90 ⇲” onVisible=“M90 ⇱” initialState=“visible”> Resignation, Exclusion, Suspension, Loss of Membership and Death /Dissolution/Bankruptcy

Any member, whatever their identity, may at any time resign from the Association. Their resignation must be notified to the Secretary General 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, but the member resigning remains bound by all outstanding debts contracted with the Association until the end of the financial year in which the resignation came into effect.

If a new Ordinary or Associate Member Party is superordinate to an existing Ordinary or Associate Member Party, the subordinate party shall automatically become an Observer Member Party.

If a Supporting Member becomes a member to any of the party members of the Association or the party in which the Supporting Member is a member becomes a member of the Association, the Supporting Member will lose their membership automatically at the time the other membership becomes valid.

Any member may also be suspended or excluded by the Council on at least one of the following grounds:

  • non-compliance with its obligations,
  • non compliance with the criteria for membership.

A suspended member is obliged to uphold its financial obligations to the Association. The suspended member may attend meetings of the Association but without voting rights. A suspended member can regain its membership if it complies with its obligations and the criteria for membership. Such compliance must be formally notified to the Secretary General who then may recommend to the Council to lift the suspension.

The exclusion of a member is also decided by the Council. The exclusion comes into effect immediately after the decision of the Council but the excluded member remains bound by all outstanding debts contracted with the Association until the end of the financial year in which the exclusion came into effect.

A proposal for suspension or expulsion of a member may be submitted by any Ordinary or Associate Member or the Board, but not more than once on the same grounds. All decisions on the suspension and exclusion of a member are taken by a three-quarter majority. The concerned members may not vote on such a decision. The names of the concerned parties, organisations or individuals on whose suspension or exclusion the Council will vote and the grounds on which the proposed suspension or expulsion is based shall be named in the agenda of the meeting and sent to all Council members with the invitation to the next Council meeting. If this was not done, the non-attending Council members shall be allowed to send their vote on the suspensions and exclusions after the Council meeting. The concerned member shall have the opportunity to plead its case during the Council meeting and hand out a statement which shall be published with the minutes of the Council meeting. The suspension or expulsion decision sets forth the grounds on which the suspension or expulsion is based but apart from that, the decision does not needs to be justified, but it shall give reasons. The Secretary-General sends a copy of the decision to the expelled member by registered letter, within 15 calendar days.

A member’s affiliation ceases automatically upon death, dissolution, disqualification, liquidation or in cases of temporary administration, court-ordered settlement or insolvency.

Resigning, deceased/dissoluted/bankrupt or excluded members and their successors or rightful claimants shall have no entitlement to the assets of the Association. They may not claim restitution or reimbursement of subscriptions paid or payments made. They may not demand or claim a report, statement of accounts, sealing or inventory. </hidden>

<hidden onHidden=“M100 ⇲” onVisible=“M100 ⇱” initialState=“visible”> Membership fee

A fee is requested of the Ordinate and Associate member parties and the Supporting Members. 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 and Associate Member Parties' Treasurers to discuss the obligations of the member parties in regard to the annual fee in advance of the annual Council meeting. The Ordinary and Associate Member Parties have to hand out to the Treasurer a copy of their last annual account in advance of the meeting. If no agreement can be reached, the member parties will pay the same fee as last year. Membership Fees are fixed in euro; they are payable without deduction of incurred costs.

The annual Membership Fees of the Association's Ordinary Member Parties is based on:

a) a basic sum calculated on the basis of the votes obtained by that party in the last European Elections

b) a basic sum per member of that party in the European Parliament.

The annual Membership Fee of the Association's Associated Members and those Ordinary Members who have not taken part in any elections to the European Parliament yet are based on the votes obtained by the last national elections. If an Ordinary or Associate Member has not taken part in national elections yet or is requesting it, the fee will only be calculated by a basic sum per member of that party.

Observer Members do not have to pay a fee. Supporting Members will have to pay a set minimum fee. All members may further contribute by giving donations to the Association.

Inflation shall be taken into account.

The basic calculation is made for the first budget following European Elections. The fee of any member may not exceed € 500.000,- per year.

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 within the association, until they have paid off their arrears. A list outlining the current Membership Fees’ situation will be distributed at each Council meeting by the Treasurer.

Members must pay their annual contribution between the first of January and the date of the annual Council meeting. On request of a member party the Council may allow them to delay their annual contribution for up to one year or relieve them of the payment or a part of it. The member party concerned may not vote on such a decision.

If a Member Party did not pay their due member fee for two consecutive years until the second year's annual Council meeting, they are deemed to have left the Association by resignation automatically. </hidden>

/var/www/wiki.ppeu.net/web/data/pages/statutes/draft/membership.txt · Last modified: 2013/07/21 19:15 by 127.0.0.1