Draft of the Statutes for PPEU:
This draft was compiled by Martina, Jens and others based on
- the latest Google-DOC-Version of the current statutes draft
- the decisions made on the past statutes conferences
- the 3 mumble-conferences after the last conference in Kiev
This draft is aimed at being the subject of a decision like a Letter Of Intent for pirate parties who wish to advance in the process towards the founding and prefer an as small as possible solution.
To achieve this at the Warsaw conference, we propose to decide on the few remaining key questions which make up the essence of the regulation as follows.
Additionally, a Transitional Clause (Art.24) determines an extraordinary convention after
the day when the PPEU is recognised by the EU as a Political Party at the EU level.
That way we can adapt to that future phase of the organization on that later point in time.
The key questions to be dealt with in Warsaw are:
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- voting weights in Council (minimum 1 vote, plus steps following election vote numbers)
- rights of members from non-EU countries "Associates" (vote on all subjects , except...)
- Membership fee (small basic fee, e.g. 100 €, plus adapted fees set by the council, multiplication by voting weight)
- majorities (Change of Statutes, 2/3 of valid votes in the council)
- Court of Arbitration (stripped in this draft)
- TC: Board details: tasks and number of officers, election and proposal details
- TC: Council details: scope and composition, number of persons
- <missing point>
-> continue in the Pad http://eu.piratenpad.de/statutes-key-issues
###Start of Draft###
TABLE OF CONTENT
PREAMBLE
GENERAL PROVISIONS
Art. 1 – Name
Art. 2 – Seat
Art. 3 – Language
Art. 4 – Principles
Art. 5 – Objectives
MEMBERS
Art. 6 – Membership
Art. 7 – Ordinary Members
Art. 8 – Observer Members
Art. 9 – Procedure for admitting new Members / List of members
Art. 10 – Change of name and mergers
Art. 11 – Resignation, Exclusion, Suspension, Loss of Membership and Death /Dissolution/Bankruptcy
Art. 12 - Limited Liability
Art. 13 – Membership Fees
ORGANS
tbd Art. 14 - Council
tbd Art. 15 - Board
Art. 16 - Representation
FINANCES
Art. 17 – Financial Provisions
Art. 18 – Reimbursement
Art. 19 – Audit
CHANGE OF STATUTES and MANIFESTO
Art. 20 – Change of Statutes
Art. 21 – Change of the Common Manifesto
DURATION AND DISSOLUTION
Art. 22 – Duration and Dissolution
TRANSITIONAL PROVISIONS
Art. 23 – Entry into Force
Art. 24 – Transitional Clause
Annex A - List of official translations of the association's name which may be used by the member parties
Annex B - List of Members of the organisation
Annex C - Details of the procedure for admitting new members
Annex D - classification of decision topics
PREAMBLE
We, the Undersigned,
Convinced that, while remaining proud of their own national identities and history, the peoples of Europe are determined to transcend their former divisions and, united ever more closely, to forge a common destiny,” ([1], Preamble of European Constitution)
Based on the Uppsala and Prague Declarations,
Aspiring to be recognized as a Political Party at EU Level,
Promoting the unviolable and unalienable rights of the human being, freedom, democracy, equality and the rule of law.
Supporting the evolution of democracy on every level and assuring transparency for political processes and decision-making,
Focussing on the long-term welfare of European citizens instead of big money,
Emerging from the struggle for a free, open and participative internet as a truly transnational and international movement,
Uniting the forces of Pirates and Pirate Parties from all over Europe to influence European policy together, but with respect for the autonomy of its members,
Hoping to contribute to prosperity and peace all over Europe,
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:
GENERAL PROVISIONS
Article 1 – Name
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.
A list of official translations of the association's name which may be used by the member parties is included in Annex A.
Article 2 – Seat
The seat of the European Pirate Party is situated at 47A Rue Gerard, 1040 Etterbeek, Brussels, Belgium.
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.
Article 3 - Language
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.
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.
Art. 4 – Principles
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.
The Association shall work as transparent as possible, regarding the protection of personal data and the right to privacy of the people involved.
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.
The Association shall adhere to all regulations necessary to being recognized as a Party at European level.
The members of the Association shall adopt a Common Manifesto which shall reflect the principles and policies of the European Pirate movement.
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.
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.
The Association does not undertake industrial or commercial transactions and does not seek to procure a profit to its members.
Art. 5 - Objectives
Purpose of the organisation is to represent the European Pirate movement towards the European institutions and to work in the interest of its members by, amongst other things:
- Facilitating coordination and cooperation between its members.
- Assisting its members to promote the Pirate movement in Europe.
- Taking as its principles the Pirate manifesto, as will be annexed to the statutes.
- Functioning as a link between European Pirate Parties and Pirate MEPs.
- Encouraging and support its members in organizing events focused on European topics.
Members
Art. 6 – Membership
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 Secretary General of the association is immediately informed in writing.
There are two categories of members: Ordinary Members and Observer Members.
Art. 7 – Ordinary Members
Eligible as Ordinary 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 (or makes it very difficult for them) in a country or state of the European Union OR in a country or state which territory lies at least partly in 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 to the European Parliament or their national 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 objectives 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 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 propose candidates for the Board
- to have access to use of the Associations logo and other representational devices.
Parties from a country or state of the European Union
- to vote in the Council on every matter,
Parties from a country or state which territory lies at least partly in the geographical Europe without being a member state of the European Union,
- to vote in the Council on every matter, except for decisions involving the policies and structure of the European Union or its institutional system
Annex D contains regulations about the classifaction of decision topics.
Art. 8 – 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 (or makes it very difficult for them), 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 (or makes it very difficult for them), 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.
4. The Pirate Group in the European Parliament and the European Pirate Youth Organisation and each Pirate Member of the European Parliament
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.
Each Pirate Member of the European Parliament may also become an Observer Member, if it is eligible.
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 objectives 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 participate in common campaigns and events and
- to have access to use of the Associations logo and other representational devices.
A party which is eligible to become an Ordinary Member may decide to apply only for the status of an Observer Member. It may at any time apply for another membership status, if it fulfils the necessary conditions. The procedure is detailed under Art. 10 (Procedure for admitting new Members) and needs to be repeated to change the membership status.
Art. 10 – Procedure for admitting 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 exact details of the procedure are listed in Annex C.
The membership is granted, if the Council decides on it with a two-third majority. The Council shall 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.
Article 11 – Change of name and mergers
A Member that changes their 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.
Art. 12 – Resignation, Exclusion, Suspension, Loss of Membership and Death /Dissolution/Bankruptcy
Any member, whatever their identity, may at any time resign from the Association. Theresignation 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.
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 need 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.
Art. 13 – Membership Fees
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 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 are based on decison of the Council.
The membership fee will be multiplied by the number of additional and supplementary votes of each Ordinary Member and added to that fee.
Under special circumstances and on request of the concerned Ordinary Member the Council may decide with a 2/3-majority to reduce or remit the due membership fee.
After the conditions listed in Art. 24 (Transitional Clause) are fulfilled, the Association will make a new decision about the details of determining the membership fees.
Observer Members do not have to pay a fee. All members may further contribute by giving donations to the Association.
Inflation shall be taken into account.
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 membership fee for two consecutive years until the second year's annual Council meeting, they are deemed to have left the Association by resignation automatically.
Organs
Art. 14 - Council
[[:Council elects Board-Members and their substitutes in fixed positions
:Ordinary Members propose candidates for the Board
:Council decides only about fundamental positions
:Council meetings: once a year with delegates present at one real place and in-between Online-meetings (every 3 Months, meaning 3x per year)
:Online-Meetings: Statute Amendments need not only one Ordinary member supporting them, but 1/4 of the Ordinary members. Board members may not be elected then, but it may be assesed that the conditions for a substitution are fulfilled]]
§ 1 Allocation of Votes
(1) Each Ordinary Member has a minimum entitlement of one vote.
(2) The Ordinary Member is entitled to one additional vote for each of the following thresholds reached during the last National or European elections: 150.000 votes; 400.000 votes; 800.000 votes; 1.200.000 votes; 1.600.000 votes; 2.000.000 votes and every additional million votes.
The Ordinary Member is entitled to a supplementary vote for each of the following thresholds reached during the last National or European elections: 4%, 8%, 12%, 16% and 20%.
§ 2 Allocation of Delegates
(1) Each Ordinary Member has a minimum entitlement of two delegates.
Ordinary Members are entitled to 2 additional delegates if their total number of votes is 4 or more, or to 4 additional delegates if their total number of votes is 8 or more.
{=> Explanation: (votes != delegates, votes are calculated, see above)
(splitting of votes: without is simpler)
1-3 votes -> 2 delegates
4-7 votes -> 4 delegates
8+ votes -> 6 delegates}
§ 3 Allocation of votes and delegates for Multiple Ordinary Members
(1) For those sovereign states with more than one Ordinary Member in the European Pirate Party the rules of paragraphes 1 and 2 are applied as follows:
Election results for regional parliaments are not used for the allocation system in the European Pirate Party.
The additional voting rights based on absolute numbers of votes as allocated under Paragraph 1 apply to each Ordinary Member.
(2) For the additional voting rights based on National and European % election results, the following system is used to give effect to the provisions of § 1 and § 2:
The highest national or European % election result of both Members are calculated together and that sum is used for the allocation system. The additional voting rights are distributed to the Ordinary Member with the highest % electoral result.
In the case of Ordinary Members which are regional parties these additional voting rights are proportionally distributed among those Members based on the highest % electoral results those Members have in the area where they run respectively.
§ 4 The allocation of votes for Ordinary Members in an electoral alliance or coalition
Where Ordinary Members participate in an electoral alliance or coalition, their votes will be calculated in proportion to the Pirate votes in the total votes of the alliance/coalition based on the seats gained respectively by the alliance and the Ordinary Member.
§ 5 Effective Date
Adjustments to the number of delegates and votes shall be made immediately following elections, whose results change them.
§ 6 Highest result counts
The highest result reached in the last National or European elections is used for calculating the number of votes and delegates.
§ 7 Votes for the Young Pirates and the Parliamentary Group of Pirates
In addition to Ordinary Members, the Pirate Group in the European Parliament and the YPE have the right to four delegates each and to 2 votes each.
§ 8 Any Ordinary member may also choose to use the lower result for the allocating of votes and delegates.
§ 9 Any member shall be able to split up their votes according to the opinion gathered inside their party. This can only be done with one place behind the decimal point.
In all votings the abstentions will be counted as a no, but count for the quorum.
Save in the cases provided for in Articles 8, 12 and 20 of the Law of 27 June 1921, 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.
The Council may validly decide to dissolve the association or amend the statutes only in accordance with the provisions of Articles 8 and 20 of the Law of 27 June 1921.
Art. 15 - Board
[[:How shall they be elected? When, where and by whom? Who may propose candidates?
The Board consists of two Chairpersons, one Treasurer, one Secretary General and up to five additional Board members.
The Chairpersons represent the association to the public. The Chairpersons shall ensure that the Board convenes on regular intervals.
The Secretary General represents the association to its members by monitoring the fulfillment of members' obligations, informing members of Board decisions and organising the council meetings.
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.
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.
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.
Treasurer
The main focus of this function is to supervise the budget and the accounts and to exercise financial control. All payments are made by the Treasurer or the person authorized to make payments.
The Treasurer will initiate legal ways to enlarge the financial means of the Association.
The Treasurer, and in his absence the Chairperson 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 Treasurer will initiate, monitor and publish financial protocols to ensure openness and transparency. The Treasurer shall report to the Council once every three months.
The Treasurer shall be responsible for accounting requirements and control of donations, as described in Articles 6 - 10 of Regulation (EC) No 2004/2003 and other relevant legislation.
The Treasurer, together with the Secretary-General, is responsible for the grant application to the European Parliament and the implementation and execution of the financial rules.
The Treasurer shall comply as fully as possible with the regulations referred to in section (X) irrespective of whether the Association is regarded as a political party at European level by the EU.
Art. 16 - Representation
The Council represents the Association in all judicial and extra judicial acts. Represented by the Chairperson or the person substituting for him, it acts as plaintiff or defendant in all the judicial actions and decides whether or not to use recourse. The Board may appoint an attorney-in-fact, and is legally bound by acts of such person within the limits of their power of attorney.
The Chairpersons, the Treasurer and the Secretary General are individually authorised to legally represent the association and to sign contracts on behalf of the association.
Finances
Art. 17 – Financial Provisions
The financial year of the Association shall run from 1 January to 31 December of the same year.
At the end of each financial year, the Board shall adopt the annual accounts for the past financial year and the budget for the next year in the manner provided for by law and shall then submit them annually for approval by the Council.
After approval of the annual accounts and the budget, the Council shall vote separately on granting discharge to the members of the Board and, if appropriate, the Auditor(s), if any have been appointed.
At least two weeks before the annual Council meeting, the accounts and budget shall be communicated to the members of the Council, who may then ask to inspect, without removal, any of the documents on which these accounts and budgets are based.
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.
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.
Art. 18 – Reimbursement
The Council may decide to grant reimbursement of costs in relation with offices and functions fulfilled for the Association, if the financial situation of the Association allows. This decision will be made at the annual Council meeting together with the adoption of the budget for the next year.
The Association will only reimburse the travel costs or accommodation costs or other costs relating to each meeting under presentation of original receipts and tickets. The original tickets/receipts for any event, including the Council meetings, must be send to the PPEU office before the last day of February of the year after the event. After that date, no reimbursement may be requested.
Art. 19 – Audit
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).
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.
The auditors shall jointly or severally have an unlimited right to scrutinise any transactions of the Association. They may inspect on the premises the books, correspondence, minutes and generally any documents of the association.
The accounts of the Association are to be audited annually or as often as the law necessitates.
Change of Statutes and the Common Manifesto
Art. 20 – Change of Statutes
Proposals for modifications of the Statutes may be introduced by the Board, Ordinary Member Parties or by the PIRATES Group at the European Parliament or the Young Pirates of Europe.
Proposals must be presented in writing by any means (electronic, paper or otherwise) to the Secretary General who will transmit them to the Members of the Council for deliberation at least four weeks prior to the meeting at which the Council will deliberate and decide on those proposals. The proposed amendments to the Articles of Association must be attached to the notice calling the meeting of the Congress. A reference to a website displaying the proposed changes of the Statutes would also be sufficient.
An attendance quorum of at least two-thirds of the members entitled to vote are present or represented is required for decisions regarding amendments to the Statutes. Where this quorum is not reached, a new meeting of the Council shall be called no earlier than 15 calendar days after the first meeting. The second meeting of the Council shall be entitled to take valid decisions irrespective of the number of members with voting rights present or represented.
Decisions regarding amendments to the Statutes shall be taken with a majority of two-thirds of the votes cast, except for decisions on the Principles (Art. 4) and Objectives (Art. 5) where consent of all the Ordinary Council Members is necessary.
Any decision amending the Statutes shall be submitted to the Belgian Minister of Justice and published in the Annexes to the Belgian Official Gazette.
Art. 21 – Change of the Common Manifesto
The Common Manifesto combines the identified common policies of the member parties entitled to vote in a document representing the common policies of the Association and is an integral part of these Statutes.
Any changes to the Common Manifesto will be following the same procedure as those to the Statutes.
Duration and Dissolution
Art. 22 – Duration and Dissolution
The Association shall be set up for an unlimited period of time.
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.
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.
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.
It may be dissoluted by a four-fifth majority decision of the Council with an attendance quota of two-thirds of the members entitled to vote present or represented. If the quota is not reached, a new meeting of the Council shall be called no earlier than 15 calendar days after the first meeting. The second meeting of the Council shall be entitled to take valid decisions irrespective of the number of members with voting rights present or represented.
As from the moment the decision of dissolution is taken, the Association is required to mention at all times that it is ‘in dissolution’.
In the event that the Association is dissolved, the Council shall decide by a simple majority of the votes cast on (i) the appointment, powers and remuneration of the liquidators, (ii) the methods and procedures for the liquidation of the Association and (iii) 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.
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.
Transitional Provisions
Art. 23 – Entry into Force
This Treaty enters into force, when and if at least 5 European Pirate Parties who are eligible to become Ordinary Members have signed and ratified these Statutes and elected or in any other way chosen their delegates and candidates for the Board.
All members have to notify any member or potential member 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.
This shall be done by both of the following means:
a) by email to the official mailing list of the Association and
b) by sending a letter to the official seat of the Association according to these Statutes.
Art. 24 – 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 a) membership fee and b) voting allocation for the Council.
At the convention Ordinary Members will have the right to send delegates with voting rights according to the current statutes.
If no agreement on a change can be reached, the current regulation in the statutes will continue to apply.
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