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--- statutes:final [2018/10/31 10:21] – Update bastian
+++ statutes:final [2022/09/17 07:22] (current) – [Code of Conduct Council] alessandro
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 === 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.
@@ Line 44: / Line 44: @@
 === 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 =====
 === 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.
-(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.
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 === 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.
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 (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 a member party,
+    * (i) strive for similar political goals as expressed in the Pirate Manifesto
-    * (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 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,
     * (iii) are politically active,
     * (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.
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 === 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.
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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.
-(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.
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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) 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.
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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.
-(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.
 === 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.
-(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.
@@ Line 368: / Line 350: @@
 (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 =====
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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.
-(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 ===
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 === 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 Luxembourgish Institute of Company Auditors (Institut des réviseurs d'entreprises (IRE)).
+(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.
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 (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 =====
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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.
-(3) Any decision amending the Statutes shall be submitted to the Company Registrar (RCSL) and published according to the law.
+(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 ===