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statutes:final [2015/05/17 17:57] – [ANNEXES] vojtechpikalstatutes: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. +====== STATUTE OF THE EUROPEAN PIRATE PARTY (PPEU) ======
-====== STATUSES ======+
  
 ===== 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 law and determine its statutes as follows:+agree to create an international non-profit association according to Luxembourgish law and determine its statutes as follows:
  
 ===== CONSTITUTION ===== ===== CONSTITUTION =====
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 === Article 1 – Name === === Article 1 – Name ===
  
-(1) The  official name of the association shall be "European Pirate Party" and  „European Pirates“, abbreviated "PPEU" or „PIRATES“. Both the full and  the abbreviated names may be used indistinguishably.+(1) The official name of the association shall be "European Pirate Party" and  „European Pirates“, abbreviated "PPEU" or „PIRATES“. Both the full and the abbreviated names may be used indistinguishably.
  
 (2) A list of official translations of the association's name which may be used by the member parties is included in Annex A. (2) A list of official translations of the association's name which may be used by the member parties is included in Annex A.
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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  Council may move the seat anywhere in Belgium by simple majority vote.  To move it to any other location the Council has to decide unanimously.+(2) The 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  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.+(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  involved.+(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  Pirates who are  members of any of the member parties. Important  decisions shall be based on democratic principles for the inner workings  of the Association.+(3) The  Association shall take into account the opinions of the individual  Pirates who are members of any of the member parties. Important decisions shall be based on democratic principles for the inner workings of the Association.
  
 (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  (including real estate transactions), both in Belgium and abroad, which  directly or indirectly increase or promote its objectives under the  condition that these activities adhere to the principles of this  organisation stated in this article.+(7) The Association may carry out all operations and conduct all activities  (including real estate transactions), both in Luxembourg and abroad, which directly or indirectly increase or promote its objectives under the  condition that these activities adhere to the principles of this organisation stated in this article.
 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  Members. All Members, except for natural persons, 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 //Board// of the association is immediately  informed in writing.+(1) The number of members is unlimited, but may not be less than five Ordinary  Members. All Members, except for natural persons, 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 //Board// of the association is immediately informed in writing.
  
 (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 which 
-    ii) are subordinate to another Ordinary Member Party or one eligible to become such member party, +    * (i) strive for similar political goals as expressed in the Pirate Manifesto
-    * iiicarry 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 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, +
-    * (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
-    (v) strive for similar political goals as the Association and are closely linked to it. +  b) The Pirate Group in the European Parliament and the European Pirate Youth Organisation and each Pirate Member of the European Parliament
-  * d) The Pirate Group in the European Parliament and the European Pirate  Youth Organisation and each Pirate Member of the European Parliament+
  
 (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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 (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  or a link to them, if they are published accessable for everyone online, +  * d) to send their yearly accounts and election results to the Association  or a link to them, if they are published accessable for everyone online, 
-  * (f) to conduct their financial organisation in a transparent and accountable manner and +  * e) to conduct their financial organisation in a transparent and accountable manner and 
-  * (g) to report every year to the Association on the party / organisation and policy developments.+  * f) to report every year to the Association on the party / organisation and policy developments.
  
 (5) They have the following rights: (5) They have the following rights:
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 === Article 13 – Membership Fees === === Article 13 – Membership Fees ===
  
-(1) A fee is requested of the Ordinate Member parties. The amount of which is set annually by the Council on proposal of the Board represented by the  Treasurer. The Treasurer will meet up with all the Ordinary Member Parties' Treasurers to discuss the obligations of the member parties in regard to the annual fee in advance of the  first Council meeting of the year. The  Ordinary 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.+(1) A fee is requested of the Ordinate 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 Member Parties' Treasurers to discuss the obligations of the member parties in regard to the annual fee in advance of the  first Council meeting of the year. The  Ordinary 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.
  
 (2) The annual Membership Fees of the Association's Ordinary Members consist of a basic fee and an additional part based on decision of the Council. (2) The annual Membership Fees of the Association's Ordinary Members consist of a basic fee and an additional part based on decision of the Council.
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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  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. (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  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.
  
-(7) Members must pay their annual contribution between the first of January and the date of the annual Council meeting. On request of the concerned Ordinary Member party the  Council may allow them under special circumstances with a 2/3-majority of the votes cast 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.+(7) Members must pay their annual contribution within 3 months after invoicing. On request of the concerned Ordinary Member party the Council may allow them under special circumstances with a 2/3-majority of the votes cast 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.
  
 (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 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) Council meetings are open to the public unless the Council itself decides otherwise for all or 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 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) The Council may validly decide to dissolve the association or amend the  statutes only in accordance with the provisions of Luxembourgish law of  21st April 1928 on non-profit associations (ASBL) and foundations, as  amended.
  
 (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 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.+(8) Save in the cases provided for in Articles 6 and 8 of the Luxembourgish law of 21st April 1928 on non-profit associations (ASBL) and  foundations, as amended, 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. (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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 (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  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 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, resignation or dismissal of a member of the Board must be deposited with the registry of the commercial court and published in the Annex to the Belgian State Gazette.+
  
 === 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, 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. (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.
 +
 +==== 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, conflict or communication as well as other matters relating to the conduct of the PPEU and its members.
 +
 +(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  referred to in the Law on Not-for-profit Associations are deposited within thirty (30) days of approval at the Registry of the Court of First Instance or, if the law so requires, the National Bank of Belgium.+(7) The Board shall ensure that the annual accounts and the other documents referred to in the law on not-for-profit associations are published within sixty (60) days on the PPEU wiki.
  
 === 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  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, 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 according to Art. 23 (2).
  
 (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 and published in the Annexes to the Belgian Official Gazette.+(3) Any decision amending the Statutes shall be submitted to the Company Registrar (RCS) and published according to the law.
  
 === 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 (aisbl) shall be transferred to the new legal entity upon the cessation of the activities of the aisbl.+(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  dissolved only by a decision of the Council acting in accordance with  Article 20 of the Law on Not-for-profit Associations. (4) Except in the event of judicial dissolution and automatic dissolution due to the requirements of the law, the association may be prematurely  dissolved only by a decision of the Council acting in accordance with  Article 20 of the Law on Not-for-profit Associations.
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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 in the Annexes of the Belgian  Official Gazette in line with the applicable legislation.+(8) All such decisions have to be duly filed and published according to the law.
  
 ===== 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, 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: +=== 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 467: Line 448:
 ===== ANNEXES ===== ===== ANNEXES =====
 ==== Annex A - List of Official Translations of the Association's Name ==== ==== Annex A - List of Official Translations of the Association's Name ====
 +[[statutes:translations|Translations]]
 ==== 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's office.//
  
 +[[ppeu:members#list_of_members|Members]]
 ==== Annex C - Pirate Manifesto ==== ==== Annex C - Pirate Manifesto ====
 The [[statutes:manifesto|PPEU Manifesto]] The [[statutes:manifesto|PPEU Manifesto]]
/var/www/wiki.ppeu.net/web/data/attic/statutes/final.1431885447.txt · Last modified: 2015/05/17 17:57 by vojtechpikal