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9 Other General Provisions for PPEU

9 Other General Provisions for PPEU

EGPStatutes:
Definitions
1.1 “Full Members” means those members specified in Article 4.3.1.
1.2 “Members” means the entire membership of the European Green Party as specified in Article 4.
1.3 “Allocated Votes” means the total number of votes assigned at each Council meeting to Full Members, determined according to their size and other criteria under a formula detailed in the Rule Book, and to the Green Group in the European Parliament and the Federation of Young European Greens as specified in Article 5.3 and further detailed in the Rule Book.
1.4 “Rule Book” means the detailed rules for the functioning, management and operations of the European Green Party and the composition of its bodies adopted in accordance with these Statutes.
1.5 “Europe” means the territory within the outer borders set by the Council of Europe.
1.6 “Parties” means political parties registered or recognised as such in their home country.
2.5 The European Green Party, acting through the Committee, shall keep detailed financial accounts and shall report at least once a year to the Full Members on the state of the finances. The financial year of the organisation shall be from 1st January to 31st December.

Legal liability and representation
9.1 The Committee is legally liable for actions of the European Green Party within the limits of the laws of the country where the official seat of the European Green Party is situated in accordance with Article 2 hereof.
9.2 Contracts on behalf of the European Green Party normally require a single signature of a Co-Chair, the Secretary-General or the Treasurer.
9.3 The persons specified in Article 9.2 hereof may represent the European Green Party and defend its interests in court and act as its legal representatives in any jurisdiction.
9.4 The European Green Party may appoint a special proxy holder, and is legally bound by acts of such person within the limits of their power of attorney.
11.1 The Council shall adopt a Rule Book containing detailed rules for the functioning, management and operations of the European Green Party and the composition of its bodies in accordance with these Statutes.
11.4 Any omissions to the present Statutes are covered by the law of 27 June 1921 governing non-profit organisations, international non-profit organisations and foundations.
11.5 Matters related to the application of the present Statutes shall be determined by the courts of Brussels or by arbitration and the laws of Belgium shall apply.
11.6 In the event of divergence or of doubt between these statutes in French and the original version in English, the English language version prevails.
Rule Book:
Article 23 Gender balance
23.1 The European Green Party promotes and encourages female and male participation on all political levels. As long as female participation has not reached 50% the European Green Party will make an extra effort to achieve equal gender balance throughout the Party and the bodies of the Party. This can be achieved by extra reimbursement incentives and/or a special programme to promote participation of women at the European political level.
23.2 As a general principle the European Green Party adheres to a 50%+ gender ratio rule in favour of women in all its elected and appointed bodies and representations.
23.3 To promote participation of women at the European political level every Member is entitled to a minimum of a 2 person gender balanced delegation. If the party fails to comply with the gender balance rule for delegations the Member is not entitled to any reimbursement.
EFAThe Bureau, represented for the purpose by its chairman or by the person substituting for him as indicated below, shall act on behalf of the association as a plaintiff and as a defendant.
In respect of third parties the association, without prejudice to special delegation of powers by the Bureau certified by signature as indicated below, shall be legally bound only by either the signature of the chairman or the joint signatures of two members of the bureau, who need not produce any evidence of their powers for the benefit of third parties.
For the purposes of certain actions and duties or everyday management functions, the Bureau may transfer its powers to an executive, one or more member of the bureau or even another person, who may or may not be a member of the association.
The Bureau may, by simple decision, delegate the power to represent the association at law or otherwise to one or more persons, who may or may not be directors and who shall if appropriate act jointly.
The powers of the said person(s) shall be defined precisely by the Bureau, which shall also determine the salary or remuneration payable and the term of office; the Bureau may at any time revoke these powers with immediate effect. Every four years an evaluation of the work of the said person(s) shall be done.
If the work of the executive is entrusted to more than one person, the association shall be validly represented in all its executive actions by a single person responsible for the work of the executive, who need not produce any evidence of a prior decision among them.
Only special and limited powers for certain legal transactions or for a series thereof shall be permitted. Those to whom these powers are entrusted shall bind the association within the limits of the powers entrusted to them, without prejudice to the responsibility of the members of the bureau in the event of excessive delegation of powers.
Without prejudice to special delegation by the Bureau, actions which bind the association, other than the actions of the executive, shall be performed either by signature of the chairman or by the joint signatures of two members of the bureau, who need not produce any evidence of their powers for the benefit of third parties.
Neither the members of the bureau nor the persons to whom the work of the executive has been entrusted shall incur any personal obligations by virtue of their post; their liability shall be limited to the performance of their duties.
The treasurer, and in his absence the chairman, shall be empowered to accept, either provisionally or definitively, the gifts made to the association and to complete all formalities necessary in order to acquire them.
The general assembly may, on the proposal of the Bureau or otherwise, adopt internal rules.
Amendments to the internal rules may be drafted by the Bureau but must be submitted for approval to the general assembly, which shall decide by a simple majority of the members present or represented.
Without contradicting the binding provisions of the law or of the statutes, these internal rules may comprise any measures in connection with the application of the statutes and the regulation of social matters in general, and they may impose on the members, whatever their identity, or their successors in title, anything which is deemed to be in the interests of the association.
All matters not expressly provided for or regulated in these statutes shall be governed by the Act of 27 June 1921 or legislation replacing that Act after the foundation of the association, general legislation, the internal rules and relevant practice.
EL./.
PESArticle 40 - Representation of the PES
40.1. The PES shall be legitimately represented in all its acts, including legal matters, either by the President or by any other representative acting within the limits of his/her mandate.
40.2. The Secretary General may legitimately represent the PES individually in all acts of daily management, including legal matters.
Article 41 – Limited liability
41.1. Members of the PES, members of the Presidency and people in charge of daily management are not bound by the obligations of the PES.
41.2. The liability of the members of the Presidency or of people charged with the daily management of the PES is limited to the strict fulfilment of their mandate
EUDAny points not expressly covered by this statute shall be governed in accordance with standard legal practice relating to non-profit organisations and associations.
ELDRThe Association shall be validly represented with respect to all acts, including court proceedings, by either the President or any two members of the Bureau acting jointly, who shall not be obliged to offer proof to third parties of a prior decision of the Bureau.
The Secretary-General shall individually represent the Association with respect to all acts of daily management, including court proceedings, and shall not be obliged to offer proof to third parties of a prior decision of the Bureau.
The Association is also validly represented by an attorney-in-fact, within the limits of his power-of-attorney.
The Council shall adopt and may amend the Internal Regulations of the Association. The Internal Regulations regulate the functioning of the Association and its bodies in general and may not conflict with the Articles of Association.
The members of the Association, the members of the Bureau and the persons entrusted with the daily management of the Association will not be personally liable for the obligations of the Association.
The liability of members of the Bureau or persons entrusted with daily management is limited to the proper performance of their mandate.
These Articles of Association shall be written in French and English. The French version is the official version of the Articles of Association and shall take precedence.
English and French shall be the two working languages of the Association.
Anything not provided for in these Articles of Association will be regulated by the Act.
EDPThe official languages of the European Democratic Party are all the official languages of the member parties. The three working languages are French, Italian and English. Official documents are translated into the three working languages.
All that is not provided in the present statutes, is referred to the internal regulation or to the law.
EPPAll legal acts on behalf of the association not falling within the scope of the day-to-day management or of a special delegation of powers, must be signed by the President or by two members of the Presidency.
NewropeansA rule of procedure may be defined, in particular to settle any details not defined by statute concerning the internal management of the association and its administration.
PPI./.
Jack Allnuts./.
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/var/www/wiki.ppeu.net/web/data/pages/statutes/related_info/provision.txt · Last modified: 2013/07/21 19:16 by 127.0.0.1