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EUR Newsletter

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Art 1 Union

a) The Union – of which the official designation is “Europäische Union der Rechtspfleger (E.U.R.) – was founded on 6th October 1967 in Karlsruhe. It is a Union of organisations of superior judicial officials, who are concerned with jurisdiction – and/or tasks of administration. The Union shall totally respect the national independence of its members and shall be based on mutual collegial respect.

The designation of the Union shall be given by each country in its respective mother tongue. In any case the symbol of the Union “E.U.R” must be added.

b) The Union is a non-governmental organisation (NGO) with participatory status with the Council of Europe. It is subject to the European Convention about the recognition of the NGOs as a juristic person, registered in the European Treaties with the number 124, to Articles 21 to 79-IV of the local civil code maintained applicable in the departments of the Lower Rhine, Higher Rhine and Moselle (France) regarding associations and to the present Statute.

Art 2 The Objectives of the Union

The Union is in political and ideological respects neutral. The objectives of the Union are in particular:

Participation in creating, development and harmonizing of law on a European and international level,

b) The representation and acceptance of ideological and material interests of the members of the E.U.R. in respect of European and international level,

c) The realisation of issues of its members in confrontation with national governments, if a national organisation claims it,

d) The maintenance of cultural and collegial relations beyond the boundaries of individual countries and the support and promotion of Integration of European friendship of peoples,

e) Support of administration of justice by exchanging informations, by creating studier together and by founding partnerships. Written essays and documents, that were drawn up on the basis of objectives following the statute of the Union, are property of the Union. There is no Claim for compensation against the “E.U.R.”, except the paying of travel expenses and other proved expenses.

Art 3 The seat of the Union

The seat of the Union is located at the Maison des associations, 1a, place des Orphelins in 67000 Strasbourg (France).

The presidency may however decide upon another location for the seat for the hole or for part of the time of Office of the president.

Art 4 Full members

As a principle only one professional association in each European country shall belong to the Union as a full member. Other associations can join with the consent of the first member association.

The respective full members of the Union are listed in Appendix 1 to the statute.

Art 5 Other members

Similar associations in non-European countries may join the Union as associated members.

Exceptions may also be made to enable individuals to be admitted to the Union provided that they are or were active as defined by the objectives of the Union and provided that there exists no association in their country capable of becoming a member of the Union.

The member falling under a) and b) are listed respectively in Appendices II and III to this Statute.

Art 6 Acquisition of Membership

The presidency shall decide upon admission to the Union on the basis of a two-third majority. The admission of a further association from the same member country can only be authorized with the agreement of the association which already belongs to the Union.

All quarrels between the associations of one country, that were admitted as members into the Union und that have direct contact with the Union, are to be decided by the presidency on the basis of a two-third majority.

Art 7 Loss of Membership

Membership of the Union may be terminated trough withdrawal or expulsion. Withdrawal is permitted at any time. Members, who are guilty of a severe offence against the objectives of the Union, can be expulsed. A member, whose expulsion was suggested, is invited to be heard about the reproached accusations. If the member does not follow the Invitation, the expulsion can be done without any further formalities.

The file with the petition about the expulsion must be presented to the concerned member and to each of the vice-presidents in one of the three official languages of the Union, at least one month before the meeting of the presidency, where the petition of expulsion is on the agenda. If it is not done, the treaty is invalid and the petition must be refused.

The expulsion is done by the presidency on basis of a two-third-majority.

Art 8 The Organs of the Union

The Organs of the Union are:

The Congress

The Presidency

The Board

The Council of Sages

Art 9 The Congress

The Congress consists of the board and the representatives of all members in accordance with articles 4 and 5 of the statue. It is the sovereignty of the Union and decides its common policy. The special tasks are:

– Decisions about questions of fundamental importance

– The procedure of election of a new board following art. 21 of the statute

– The conferment of honorary membership of the EUR to meritorious persons. This conferment can be done on basis of two-third majority and following the proposition of the president or at least two vice-presidents.

Art 10 The Presidency

The presidency consists of the board and the vice-presidents. The presidency determines the guidelines by which the Committee should carry out management of the Union.

The meetings of the presidency are public for the delegates und members of each of the organisations, belonging to the Union, for delegates of organisations, that want to become members of the Union, and for invited persons or any other authorized persons.

The presidency decides on basis of two-third-majority, that questions concerning the agenda should be treated in non-public sessions. This is an Obligation for decisions about removals (art. 20) or expulsion (art. 7).

Art 11 The Board

The board consists of the president, the secretary general and the treasurer. In case of prevention of a member of the board it is replaced by another member of the board.

The important task of the board is the management of the Union following the decisions of the general assembly or the congress. The board is allowed to make decisions in unforeseeable Gases out of meetings of the presidency, about these decisions the board has to account to the presidency in the next meeting.

The president and the secretary general represent the Union together in judicial and non-judicial affairs.

The members of the board must belong to the full members; they are elected by the congress for a period of three years by an absolute majority vote. If this majority is not gained, there is a further part of election, now the simple majority is sufficient. Re-election is possible.

After the three years in office have elapsed the board remains in office until the new elections.

Candidatures are to be presented to the secretary general at least three months before the congress. He must tell the other members of the presidency about the candidatures.

Art 11 a) The Council of Sages

The standing Order decides the compositions and the tasks of the council of sages.

Art 12 The President

The president represents the Union and he takes the chair of all the meetings of its Organs. In case of prevention he is replaced by the most senior vice-president, in case there are two vice-presidents in the same position, by the oldest vice-president.

Art 13 The Vice-presidents

Each full member country delegates one vice-president to the Union. The choice of delegate is left to the respective country. If are following art. 6 of this statute – further organizations of a country admitted as a member of the Union, these organizations are considered as one.

It is their business to decide about the person of the vice-president of their country. In the presidency they represent one vote only. In case of prevention a vice-president can be represented by an authorized person.

Vice-presidents are not allowed to be members of the board.

Art 14 The Secretary General

The secretary general conducts the affairs of the Union according to the guidelines of the presidency. He keeps the minutes of the meetings of the presidency and the board.

The presidency can decide to have a permanent office at the seat of the secretary general. With his accordance the seat of the office can also be installed at another place or in another country.

Art 15 The Treasurer

The treasurer manages the property of the Union. By executing the decisions of the statutory Organs and according to the budget he makes the expenses. He shall keep an account of income and expenditure and provide receipts as records of this expenditure.

He must be able to place these receipts at the disposal of the president for means of checking. He must give an account of his expenditure of the last year of budget, which Starts with January 1 s and ends with December 31st, to the presidency. This account ends with the last day of the proceeding months of the congress or the general assembly.

To investigate the property of the account two representatives of the full members are announced by the presidency. These Controllers may not belong to the same member state as the treasurer.

The amounts for the members to contribute to the special works of the Union are determined by the presidency. The treasurer must present a calculation how to divide among the members. Following Art. 22 of the statute there must be paid attention to the number of members of each national organization that are organised in the Union.

Each national organisation has to pay the expenses of common management für its members in the presidency (board and vice-presidents).

The expenses für translations to and from languages that are not official languages are to be paid by the members who claimed the translation.

Expenses for translations into official languages are expenses of common management.

Travel expenses are to be refunded to the concerned people referring to the basis of their national conditions. Other expenses (printing matters, envelopes, translations, for which the expenses cannot be paid by the member states) are paid after presentation of the receipts.

Art 16 Other Officials and commissions

The presidency may appoint additional officials to Support the Committee. Their area of responsibility is determined by the Presidency. They carry out their tasks in cooperation with the presidency. The presidency can form commissions if there are important questions to be examined or investigated. The president appoints the chairman and the members of a commission in accordance with the presidency.

One member of the board is automatically member of the commission. The other members of the board are allowed to take part in the meetings of the commissions.

The chairman of the commission must inform the secretary general at latent one month before the beginning of a meeting about its time and place. The chairman of the commission must refer about the work of the commission to the presidency if there is a meeting of the Union.

Art 17 Practises of Functions

The functions of the board, the presidency, of the other responsible persons and of the members of the commissions are honorary. Travel expenses and other expenses are refunded after presenting the receipt.

Art 18 Right to Vote

Each full member has one vote. The other members have consultative Status.

Only members, who paid their contributions, have a right to vote, unless they are not partly or completely freed of it.

The associated members are to be heard, if their national affairs are concerned, or if questions of common interest are to be treated, that are exclusively beyond European frames. In these cases they have full right to vote.

Art 19 Elections and Ballots

Elections and ballots in the presidency are decided by an absolute majority of the votes of the present or represented members – unless concerning decisions that must be based on a two-third majority following this statute. The presidency constitutes a quorum, if half of the members are present or represented. Decisions, that afford a two-third-majority are Chose, that need the presence of at least half of the full members and need at the ballot at least two third of the votes.

Any member may request a secret ballot.

Art 20 Removal of Members of the Board and Responsible Persons

In serious cases members of the board or other responsible persons may be voted out by the presidency by a majority vote of 2/3. In the event of the dismissal of the entire board the most senior vice-president (following art. 12) is responsible for immediately calling new elections.

Art 21 Events of the Union

The Congress is the most important event of the Union. It takes place every three years and is combined with new elections.

Generally every year a general assembly of the presidency takes place. At latest all three years there must be such a meeting. If at least one third of the full member states Claims it, there must be an extraordinary assembly within three months. The reasons for this meeting must be pointed out in the invitation.

The invitations for these events are extended by the secretary general in accordance with the president to the members that are named in the art. 4 and 5 of the statute. Time and place of the next event is determined by the presidency. The invitation period is at least two months. The agenda must leave enough time for the meeting of the presidency and for the reports of the member states and the leaders of the delegations of the associated members. Amendments concerning the agenda must be presented to the secretary general at least one month before the meeting of the presidency. The presidency decides in the meeting. If amendments, that arrived late, can be accepted and if they can be items for voting.

The minutes must be presented to the members within three months after the event.

Art 22 Contributions

In principle each country bears the expenses which it incurs. The Union is however entitled to collect contributions from the full members if this is necessary to cover the costs occasioned by the work of the Union in accordance with this Statute.

In the calculation of the contributions the number of members and the financial strength of the individual associations shall be taken into account. The resolution is adopted by the presidency by a majority vote of 2J3.

A member can advance reasons that justify a complete or partly release of paying the contribution. In this case the presidency must investigate the case and has to decide on basis of absolute majority.

Art 23 Official Languages

The official languages are German, English and French. The meetings of the presidency shall be held in the mother tongue of the president. If this language is not one of the official languages, there must be a translation in at least one of the official languages. It is the business of the inviting country to care for as many translations as possible. Among these languages must be the official languages. The knowledge of languages of the participants of the meeting and the financial possibilities of the organizing country are to be respected. The correspondences among the members of the Union are to be done in one of the official languages. If there is a translation into German, English or French, the letters can be written in the mother tongue of the sender.

In the debates the language of the host country should be introduced as compulsory language.

Art 24 Alterations of the Statute

An alteration of the Statute may be decided by the Congress by a 2/3 majority.

Art 25 Standing Order

If necessary the board can elaborate a standing order and present it to the presidency.

Art 26 Dissolution of the Union

The dissolution of the Union can only be decided by the congress that must have been called for this reason. To pass this resolution there must be at least two thirds of the full members present. If this majority is not possible, there must be a new calling of the congress. A period of 30 working days is obligatory. Then the congress can constitute a quorum without consideration for the number of present persons. In any case the dissolution of the Union can only be decides on basis of a two-third-majority of the present members.

Art 27 Entry into force of this Statute

The statute enters into force with its adoption by Congress in Berlin on 2nd November 1989. At the same time the earlier Statute has lost its validity, together with its later amendments.

The statute was amended in Valadares, 25th September 1992, in Alicante on 29th September 1995 , in Cuneo, 9th and 10th September 2010 in Freiburg, 6th September 2013 and in Tanger on 28th September 2017.