The Statute:
1. Name
The association will have the name:
'European Association of Lawyers for Democracy and Human Rights
in the World' ELDH
2. Objectives of the Association
2.1. The Association has the following objectives:
a. The promotion
· of peace, of disarmament, and of understanding between the
peoples
· protection of environment
· the fight against racism and fascism
· the equal entitlement of women and men
· respect for the rights of children;
b. The fight against all discrimination especially on grounds of
ethnicity, religious or other convictions, age, sexual orientation or personal lifestyle;
c. The realisation of human rights and democracy in their political,
economic and social aspects within and outside Europe; to this end the formation of new
economic relations shall be promoted, based on justice and on better guarantees for the
independence of the legal process;
d. Assisting the progress of democracy within the different European
institutions; for this purpose a European Charter of Fundamental Rights shall be drawn up,
which should be binding on all legal process within Europe;
2.2. The objectives of the Association shall be realized
through:
a. Academic and other international and also national events in
accordance with the Association's objectives;
b. Formulating draft legal instruments in order to influence (within
the ambit of the Association's objectives) the development of law and democracy in the
States of Europe and the European institutions, as well as in the other regions of the
world;
c. The development of relations between European lawyers as well as
between lawyers of other continents and their organizations, and the development of
relations with the INTERNATIONAL ASSOCIATION OF DEMOCRATIC LAWYERS and other national and
international organizations which have as their goal the defense of human rights;
d. Support for concrete projects in other regions of the world with
a view to the development and the progress of democratic and law-governed relations, in
cooperation with the lawyers of the countries concerned;
e. Solidarity support for all victims of violations of human and
peoples rights;
f. Support for measures through the States of Europe and through the
EC for the creation of conditions for the migratory movements of the world which accord
with human dignity.
2.3. The association is disinterested. It does not pursue its own
economic goals, is non-profit-making and does not charge for its services.
3. Membership
3.1. Membership of the Association is open to all associations of
lawyers of European countries which recognize the Association's constitution an want to
participate in the realization of its goals. Individual membership of lawyers from
European countries is admitted under the conditions set out Clause 5. The declaration of
membership must be in writing.
3.2. The Executive Committee will examine and decide upon membership
applications until the next General Assembly, which may confirm the decision.
3.3. Membership will end:
a. By resignation, which must at the latest be announced 3 month
before the end of the calendar year;
b. by expulsion for activities which are in opposition to the aims
of the Association or in some other way violate the Rules of the Association, which
question will be decided by the General Assembly upon the motion of the Executive
Committee;
c. By expulsion for non-payment of membership fees, to be decided by
the Executive Committee on a simple majority if the member concerned persists in
non-payment after two months (and a written request setting out also the consequences of
non-payment).
4. Income of the Association
4.1. The income of the Association will compromise membership
fees,
donations and other contributions.
4.2. The income of the Association is not permitted to be used other
than for the realization of its constitutional aims. Members will not receive any
reimbursement form the income of the Association.
No person may benefit from money from the Association which is not
spent for the aims of the Association, nor from unjustified expenses. In particular,
outgoings and expenses are not to exceed actual costs.
4.3. Membership fees are to be set by the Assembly, which will
establish the framework in which these are to be paid.
4.4. At a termination of membership, there will be no reimbursement
of membership fees, donations or contributions.
4.5. The business year will be the calendar year.
5. Organs of the Association
a. General Assembly
The General Assembly will meet at least every two years. It has to
be invited by the executive committee by letter which implies also the agenda at least 4
weeks in advance. It will decide upon membership applications. In particular, it will have
the following functions:
· elections and dissolutions of the Executive Committee (including
the President and the Secretary-General);
· adoption of principal objectives and activities of the
Association;
· modifications of the Constitution;
· adoption of methods and regulations concerning payment of
membership fees.
decisions on the expulsion of members, where the Executive Committee
cannot decide by itself.
At the General Assembly, the associations will be grouped by
nationality. Each one of these group members will have the same number of votes. Other
members will have only a right of participation and of speech.
Except for modifications of the Constitution, decisions will be taken
by a simple majority of members present who have the right to vote. For adoption of an
amendment to the Constitution, a majority of three quarters of voting members who are
present is necessary.
The General Assembly will be convoked automatically at the request
of a third of its members.
b. Executive Committee
The Executive Committee will consist of a minimum of ten members
elected by the General Assembly, including the President and the Secretary - General. They
will hold office for two years. The first period of office commences with the foundations
of the Association. At the end of the period of office, a General Assembly shall be
convened for the election of a new Executive Committee.
In particular, it will have the following functions:
· Convocation of the General Assembly;
· Establishing a programme of activities;
· Deciding upon the annual budget;
· Deciding upon membership applications and terminations of
membership until the General Assembly has made its decision.
The executive Committee will meet at least once a year.
c. Bureau
The Executive Committee will appoint from its members the Bureau.
The Bureau will be responsible for day to day affairs in the context of decisions taken by
the Executive Committee.
6. Legal Representation
The Association will be legally represented by the President;
failing that, by the Secretary General.
7. Advisory Council
The Executive Committee may form an Advisory Council, which can be
of elected lawyers who have shown particular merit in the progress of democracy and the
defense of human rights. The members of the Advisory Council will advise the Executive
Committee on its programme of activities.
8. Dissolution of the Association
The dissolution of the Association may only be decided upon by a
General Assembly which has been convoked in accordance with the proper procedure of the
Association, and by a majority of three quarters of the members present with a right to
vote.
If there is to be a liquidation, the liquidators are to be the
members of the representative bodies of the Association. The decision of liquidation
regulates also the use of the assets of the Association. In case of liquidation
or in case
of removal of the objectives of general interest, the assets of the Association are to be
used by the holders of the assets exclusively and immediately for objectives of general
interest within the meaning of this statute. Decisions concerning the assets may not be
made except with the agreement of the relevant statutory finance bodies.
9. Commencement
The Constitution will come into effect upon its adoption by the
founding General Assembly
10.
The Administrative Council may amend the Constitution if this is a
purely administrative modification.
11.
11.1.The seat of the Association will be Düsseldorf.
11.2. The Association pursues exclusively and directly goals which
are scientific and in the public interest, in conformity with the German fiscal law.
11.3. The Association will be recognized by the financial authorities
as being of common interest within the meaning of paragraphs 51 A.O. 1977 and as worthy of
support within the meaning of paragraph 10b ESTG.
Paris, 1. may 1993
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