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Changes made in Assembly on Sunday,
August 2, are marked in blue.
Changes made via online Referendum
in August are marked in
green.
Table
of Contents
Section
1: Foundations
Article 1:00 Preamble
1:00
The protocol and procedures of the European Democratic Education
Community (EUDEC) are to be ordained by the following articles,
subordinate to the Association's Articles of Association (Satzung)
and as ordained therein. All bodies herein ordained as bodies of
EUDEC must adhere to the protocol and procedures established herein.
Article 1:10 Community Aims
(a) To
support all forms of democratic education throughout Europe
(b) To
promote democratic education as a
sensible choice for democratic states
(c) To
establish, in legislation, the right to found and attend democratic
education institutions and
to provide aid and support to democratic schools and start-up groups
(d) To
facilitate exchange of information between democratic education
institutions in Europe and create connections between schools
for cooperation and mutual learning
(e) To
provide information and outreach programs for colleges and training
institutes to give future teachers a practical understanding of the
basics of democratic education and what it can mean for teachers,
pupils, educational environments and democratic states.
Article 1:20 Definitions
1:20.10
The EUDEC reaffirms the 2005 Resolution of the 13th
International
Democratic Education Conference (IDEC), Berlin, Germany:
(11)
In any educational setting, young people have the right
(12)
to decide individually how, when, what, where and with whom they
learn, and
(13)
to have an equal share in the decision making as to how their
organisations – in particular their schools – are run, and which
rules and sanctions, if any, are necessary.
1:20.20
Democratic education is defined by this organisation as education
conducted in keeping with the above Resolution.
1:20.30
Specifically, EUDEC identifies regular democratic meetings with
one-person one-vote as a fundamental necessity of democratic
education.
1:20.40
For all purposes within this document, Europe is defined as the total
area of all European states as
defined by the Council of Europe.
Section
2: Organisation
Article 2:10 Membership
a)
Full and Associate Membership
2:10.a10
MEMBERSHIP: The membership consists of individuals, schools and
organisations. Any individual may apply for membership (using a
written or electronic form), and all members fall into one of two
categories: full member or associate member.
2:10.a11
An individual or school has to fulfil two criteria to qualify for
full membership:
(i) they must support EUDEC's aims (see Article 1:10) to promote
democratic education as defined in Article 1:20, and (ii) reside, or
be located, in Europe.
2:10.a12
Any
individual, school or other organisation may become an associate
member (even
if they do not
qualify for full membership) if
they stand behind EUDEC's Aims (see Article 1:10) to promote
democratic education as defined in Article 1:20.
2:10.a20
When a new member has been admitted a EUDEC employee or officer
notifies them promptly of their admittance.
2:10.a25
GOOD STANDING: A member of EUDEC is considered to be in good
standing, unless their membership has expired (see 2:10.c12) or has
been disqualified by the Oversight Committee (see 3:30.h). A member
who is not in good standing does not have the rights of a member. A
member whose membership has expired can return to good standing by
paying their fees due. A disqualified member may be returned to good
standing only by the Assembly (see Article 3:10).
2:10.a30
VOTING RIGHTS: An individual with a full membership in good standing
(see above) is entitled to one vote on each question arising at any
general or Extraordinary Meeting of the members. A school with a full
membership in good standing can designate a maximum of three voting
representatives, each entitled to one vote on each question arising
at any general or Extraordinary Meeting of the members. (For more on
member schools, see (b) below.)
2:10.a40
RESIGNATION from MEMBERSHIP: Members may resign by submitting
a signed, written resignation by post,
fax or e-mail which is effective as soon as Council receives
it. Membership fees cannot be refunded.
2:10.a45
RESIGNATION from OFFICE: Any member may at any time resign from any
office of the Community or reject election to such office. In the
event that an elected member rejects office their candidacy is
stricken, and the results are calculated anew, ignoring that
candidate. A member resigning at a later point is officially removed
from office as soon as their notice of abdication reaches the Chief
Coordinator in writing. E-Mail constitutes, for this purpose,
sufficient written notice. Notice of abdication must be accompanied
by an explanation, which is subject to disclosure as per Article
2:30.
2:10.a50
RIGHTS of ASSOCIATE MEMBERS: Associate members have all rights of
membership, except for the right to vote and the right to be elected
for Office.
2:10.a60
CONTACT PERSON: Member organisations must have an official contact
person known to Council.
2:10.a70
CHANGE of MEMBERSHIP STATUS: One
year after a full member of any kind moves to a country that
is not in Europe, their membership is automatically turned into an
associate membership.
b)
Member Schools
2:10.b10
SCHOOLS' VOTES: Member schools must elect an official contact person,
and three (3) voting representatives. These officials must be elected
annually by an equal, fair and democratic vote open to all students
and staff at the school, and Council must be notified of the
representatives elected. Any individual elected by a member school as
a voting representative may also run for Council.
2:10.b20
When calculating a majority or proportion of the membership a member
school is counted as 3 members.
2:10.b30
RIGHTS of SCHOOL MEMBERS: Being an employee, student or parent of a
student at a full member school entitles an individual to all rights
of membership, except for voting in the Assembly, and except where
stated otherwise. However when participating in meetings other than
the Assembly, these school members are allowed their own vote and may
also run for Office.
c)
Fees
2:10.c10
All members pay an annual membership fee in accordance with the valid
Fee Schedule. This fee,
paid to EUDEC's head office, entitles members to one-year membership
in the Community, beginning on
the date the registration is received. Fees for the first year are
calculated proportionally to the duration of the membership.
Membership
becomes effective after payment has been received. Council may set a
lower fee for a specific organisation or member school on a
case-by-case basis, the decision and reasoning subject to disclosure
as per Article 2:30.
2:10.c12
EXPIRATION of MEMBERSHIP: All members receive notification from the
Council 1 month prior to the expiration of their membership, along
with an invoice specifying the current applicable fee, payment
guidelines and payment due date. Membership expires automatically 30
days after the payment due date if no payment for membership renewal
has been received. A member whose membership has expired is not
considered to be in good standing (see 2:10.a25).
2:10.c15
LAPSED MEMBERSHIP: Former members can renew lapsed memberships at any
time by paying the current applicable fee without having to resubmit
an application for membership.
2:10.c20
CHANGES in FEE SCHEDULE: The Fee Schedule is subject to change by the
General Meeting. Any motion to change the Fee Schedule must be
announced 30 days before the Meeting, at latest. Any later motion is
considered a Special Motion, requiring a special majority and subject
to Oversight Committee review (cf. 3:10.b).
2:10.c30
REGIONAL CHAPTER FEES: In regions where a Regional Chapter exists
(see Article 3:40) membership fees are shared with the Chapter. See
3:40.c for more details about membership and Chapters.
Article
2:15 Non-Discrimination
2:15.10
EUDEC will not discriminate as to ethnicity, colour, religion,
gender, marital status, national origin, age, special needs or sexual
orientation.
2:15.20
EUDEC is committed to promoting an anti-discriminatory culture by:
(21)
ensuring where reasonable that all people have an accessible
opportunity to participate in EUDEC,
(22)
ensuring where reasonable that all members have an accessible
opportunity to participate in discussion and decision making, and,
(23)
ensuring where reasonable that all policies, communications and
practices, while not intentionally discriminatory or intimidating,
have a non-discriminatory effect.
2:15.30
If a member believes any of EUDEC's activities or communications
contradict this article they must send a written complaint to
Council. Council must respond in writing within 14 days, subject to
disclosure (as per Article 2:30). Before or after this, the member
may also lodge a complaint with Oversight Committee (see Article
3:30).
Article 2:20 Communication
2:20
EUDEC uses the Internet for internal communications and public
relations. Unless specifies otherwise, EUDEC accepts E-Mail notice as
written notice. The official platform for online Community business
is an Internet forum or similar platform. If the platform is not
located directly at the www.eudec.org URL, a hyper-link to the
platform must be available directly at that URL. This platform must
be accessible both for reading and for posting by all members of
EUDEC, full or associate.
Article 2:30 Disclosure
2:30
Any matter subject to disclosure, as defined in this Guidance
Document, must be posted as soon as possible on the official Internet
platform and read out by the Ombudsman at the next Assembly. Unless
stated otherwise in this Guidance Document the deadline for initial
online disclosure is 21 days after the moment when the matter subject
to disclosure first becomes known.
Article
2:35 Transparency
2:35
All bodies of EUDEC must conform to the principle of organisational
transparency, recording in the minutes of their meetings all
decisions made and providing information on past decisions. This
requirement applies even where the content of discussion is
confidential.
Article 2:40 Voting and Meetings
2:40.10
All official meetings and votes of the EUDEC and its organs must
follow the procedures laid out in this Article. Any reference here to
“members” refers only to the members of the voting body. For many
organs – Assembly especially – more specific procedures are
described elsewhere in this Guidance Document. In case of
contradiction, the organ-specific procedures take precedence.
a)
Order
2:40.a10
All meetings are presided over by a Chairperson elected by the
meeting. The Chair may choose how to run the meeting, but Robert's
Rules of Order (Newly Revised) are to be used as a point of reference
and may be consulted as arbiter in disputes over the rules of order.
b)
Votes
2:40.b10
Matters
arising at any meeting are decided by a simple majority vote. All
members may vote on any
question.
The presiding chairperson can
abstain from voting but then vote after
the
votes have been tallied if a single vote can create or break an
equality of votes. In
case of an equality of votes the motion is defeated. When casting a
deciding vote the Chairperson explains their vote.
2:40.b15
In any vote an individual may cast a maximum of one vote, regardless
of circumstances that may give an individual an additional vote (such
as a full individual member who is also a school's voting
representative).
2:40.b20
Every matter is decided in the first instance by a show of hands
unless a poll be demanded by any member, in which case a poll takes
the place of the show of hands. In a poll the Chairperson may only
vote with the rest of the members.
2:40.b30
POLL PROCEDURES: Polls are conducted by two Poll Overseers, who are
elected by the meeting using a Single Transferable Vote ballot for a
single poll or a pre-determined set of polls as determined by the
Assembly.
2:40.b32
Members vote on a poll or a pre-determined set of polls using a
specially-prepared form on which they may state their preferences for
each of the motions in the poll. These forms are cast in a private
manner, under the supervision of the Poll Overseers. The Poll
Overseers receive a list of all eligible voting members present and
use this list to ensure that each member participates no more than
once in the poll.
2:40.b34
Votes are tallied after all eligible members present have been given
a fair opportunity to participate in the poll. Poll results are
counted twice, once by each Poll Overseer. Each tally must be
performed in the presence of either Chairman or Secretary of the
meeting. Other members may observe the tallying so long as they do
not cause any disturbance to it. The two tallies are compared and
repeated until they match. When the tallying is complete the results
are announced and noted.
2:40.b40
The final balance of votes regarding any proposal must be tallied and
entered into the minutes by the Chair or Secretary presiding.
2:40.b50
A member who declares conflict of interest does not vote concerning
the matter.
c)
Motions
2:40.c10
Voting proceeds on the basis of motions, which may be proposed on the
agenda or during the meeting. A motion not present on the agenda may
be put forth by a voting member, on the condition that it be seconded
by another present voting member.
2:40.c20
For each motion a single vote determines if the motion is adopted or
rejected.
2:40.c22
When there are two or more contradictory motions pertaining to the
same matter the motions and amendments are voted on from
last-proposed to first, each being carried or rejected. In the event
that more than one motion remains (has been carried) after this first
round of votes another vote takes place, in which each member may
only vote for one of the remaining motions. If a single motion
receives an absolute majority of votes cast, that motion wins.
2:40.c24
If no absolute majority is found the motions must be compared
pairwise, using the Schulze Method to determine an absolute winner.
(Information on the Schulze method can be found on the Internet.)
2:40.c26
Regardless of the method used to determine the winning motion a final
vote takes place to adopt or reject the winning motion. If this final
motion is rejected no motion is adopted regarding the matter at hand.
However, the meeting may at any time, by a simple majority vote,
decide to reopen a subject for renewed discussion and voting.
d)
Adjournments
2:40.d10
Any meeting may be adjourned to any
time by majority vote, and such business may be transacted at such
adjourned meeting as might have been transacted at the original
meeting from which such adjournment took place. No notice is required
of such adjournment. However,
motions for expulsion of Council members may not be adjourned to
another meeting. Votes on acceptance of membership applications must
take place at the beginning of the General Assembly if they were on
the agenda in advance.
e)
Elections with few candidates
2:60.e10
Whenever the number of candidates for an Election is equal to the
number of positions to be filled, voting may take place in the
following way:
(11)
In a first round of voting, members can vote YES or NO on each of the
candidates. If all candidates receive a majority of votes cast, all
candidates are elected.
(12)
If one or more candidates do not get a majority, a second round of
voting takes place using the Single Transferable Vote system, with
the provision that leaving a candidate unranked is interpreted as a
vote against that candidate. Candidates are then elected if and only
if they have reached the necessary quota of votes as
calculated at the beginning of the count.
(f)
Elections for a singular office
Whenever
an election takes place for a singular office (where only one person
can be elected), voting members are asked to vote for their first
preference. If a single candidate receives an absolute majority of
votes cast, that candidate wins. If no absolute majority is found the
candidates must be compared pairwise, using the Schulze Method to
determine an absolute winner. (Information on the Schulze method can
be found on the Internet.)
Article 2:50 Internal Procedures
2:50
All Committees, Workgroups, Chapters and other bodies, including
Council, established as bodies of EUDEC by Section 3 of this Guidance
Document, may craft internal procedures insofar as these pertain only
to the internal operation of the said body. These are subordinate to
the Guidance Document and to decisions of the Assembly and may not in
any way contradict them. Internal procedures must always be decided
by a simple majority of members of the body they apply to and may be
amended or repealed by a simple majority. Insofar as a procedure has
not been repealed it is binding to all members of the body in
question.
Article 2:60 Elections
2:60.10
Full Elections for Council (see Article 3:20), Oversight
Committee (see Article 3:30), and Auditors (see Article 3:60) take
place during the Annual General Meeting. The members present for the
first plenary session of the General Assembly elect two Election
Supervisors, who administer the elections and may not run for any
office in the elections they administer. The Supervisors are elected
using the Single Transferable Vote
model of elections, as described for the Elections themselves.
The Supervisors for the Election of the Oversight Committee (see
Article 3:30) may not be current members of Council.
2:60.15
The Elections are administered in strict accordance with the rules
set forth in this Article. Council may craft additional regulations
and guidelines for the administration of fair and equal Elections.
These are valid as soon as they have been available to members on the
official Internet platform for 21 days. The Oversight Committee may
suspend any Election regulation crafted by Council. Suspended
regulations, should Council still wish to use them, can be approved
only by the Assembly. The same applies to regulations not published
21 days in advance of the General Meeting. No motion on the agenda
must be present for the approval of these regulations.
2:60.20
All Full Elections take place using the Single Transferable Vote
model of representative elections. Information on this model is
available on the Internet. The technical application of the model is
determined by Council's regulations, or lacking applicable
regulations, by the Supervisors during the General Meeting.
a)
Offices and Terms
2:60.a10
Council and Oversight Committee are elected for a two-year term, on
an alternating rotation: Council is elected on odd years, the
Oversight Committee on even years. [Temporary provision: the first
Oversight Committee will be elected along with the second full
Council at the General Meeting of 2009. The Oversight Committee will
be up for full elections again at the Conference of 2010, and again
on even years to follow – 2012, 2014 etc.] Elections encompass all
seats of the respective body, whether vacant or occupied. No current
member of Council may run for Oversight Committee or vice versa.
2:60.a12
Two Auditors are elected every year for a one-year term. No current
member of, or candidate for, Council or Oversight Committee may be a
candidate for Auditor, nor may a candidate for Auditor run for
Council or Oversight Committee.
c)
Nominations
2:60.c10
A candidate can only be nominated if they are present and consent to
the nomination, or if they have consented in writing prior to the
meeting and their written consent is presented during the nomination.
d)
By-Elections
2:60.d10
If, for any reason, not all
position in Council or on the Oversight Committee are filled,
elections must take place to fill the vacancies for the remainder of
the current term. Council must give notice of the date and method of
election within 14 days of the vacancy via E-Mail and the official
Internet platform. Elections are held no less than 7 days, and no
more than 30 days, after Community members are given notice. An
exception can be made by Council if a General Meeting is less than 90
days away; in such cases the by-elections can take place during that
meeting, beside any other votes or elections or as part of them.
Otherwise by-elections take place on the Internet or, if necessary,
in an Extraordinary Meeting of the General Assembly, as determined by
the Council. Officers elected mid-term only remain in office until
the next full elections for their respective office.
2:60.d15
Candidacies for by-elections may be announced by the candidates
themselves up to 24 hours before the beginning of the elections and
may be retracted at any time up to 24 hours after election results
have been announced. If a winning candidate has retracted their
candidacy the results are recalculated, ignoring votes regarding the
retracted candidacy or candidacies.
2:60.d20
By-elections are administered according to Council's elections
procedures as per 2:60.a.
Article 2:70 Employees
2:70
Employees of the EUDEC who are members of the organisation have all
the rights of members, apart from running for, or holding the office
of, Council member (see 3:20), Auditor or member of the Oversight
Committee (see 3:30).
Article 2:80 Branding
2:80
For all intents and purposes Council represents EUDEC as regarding
the use of EUDEC's logo and any other branding materials. Recognised
Regional Chapters (see Article 3:40) are authorised to use and
approve brand use in their region. The approval awarded by Council or
by a Chapter can be retracted at any time. Council may delegate a
specific Workgroup with branding rights. Council decisions on
branding override Chapter and Workgroup decisions, and Assembly
decisions override all others.
Section
3: Organs of the Community
Article 3:10 Assembly of Members
3:10.10
The governing assembly of the Community is the Assembly of members.
All members may participate and vote in the Assembly, as defined in
Section 2. The Assembly determines the course of the Community
democratically in decisions codified in this Guidance Document and in
the records of the Community. All powers, responsibilities and
authority delegated by the Assembly, through this Guidance Document
or otherwise, remain subordinate to the Assembly's overarching
mandate. The Assembly always reserves the right to overrule any
decision made by any organ it has ordained, except for Regional
Chapters (see Article 3:40).
a)
General Meetings of the Assembly
3:10.a10
Council decides the time and place of General Meetings and Assemblies
of members.
For
any set meeting (regular or Extraordinary), an invitation containing
the time, location and a draft agenda
must be sent to all members by
prepaid mail or by E-Mail no less than 45 days before the beginning
of the meeting. No further public notice or advertisement is
necessary.
3:10.a20
A regular General Meeting is held a minimum of once (1) a year.
Notice of the time and place must be given at least 45 days before
the first day of the Meeting.
3:10.a30
The Annual General Meeting is held, if applicable, during the annual
or biennial EUDEC conference.
3:10.a40
At every Annual General Meeting, in addition to any other business
that may be transacted, the report of the Council, the financial
statement, the minutes of the previous elections meeting and the
report of the Auditors are presented.
3:10.a60
The following must be approved by the General Meeting:
(61)
changes to the Guidance Document or Articles of Association (German
Satzung),
(62)
any purchase or sale of real estate property,
(63)
any loan taken in the name of the Community,
(64)
membership of the organization in another organization or
association,
(65)
changes to the schedule of membership fees,
(66)
Council’s actions, based on annual reports submitted by the Council
and the Auditors,
(67)
the annual budget,
(69)
the annual financial report, accompanied by the auditors'
recommendation of the previous year and financial discharge of the
council, and
(68)
proposals to dissolve EUDEC
b)
Agenda
3:10.b10
All matters to be discussed at the General Meeting, regular or
Extraordinary, are made known to the membership by means of an agenda
produced by Council. A final agenda must be available to members on
the official Internet platform no later than twenty-one
days before the Meeting. Matters may only be decided if a proposal or
motion pertaining to them was presented in the final draft agenda,
apart from matters internal to the meeting or gathering itself.
Within the two-month period before the meeting at least two
preliminary draft agendas have to be released for comment and
amendments. Each agenda and agenda draft is sent to all members via
prepaid mail or E-Mail along with notification of the time and
location of the Meeting.
3:10.b40
The final cut-off date for all additions and changes to the
agenda is 28 days before the
date of the Meeting.
3:10.b50
During the Meeting, Council is responsible for presenting each of the
points on the agenda to the membership. When presenting proposals
made by members outside Council, Council may give a brief outline of
the discussion surrounding the matter before allowing the proposing
member to present their proposal.
3:10.b60
New motions may be put forth that were not on the agenda so long as
they are intended as an alternative or amendment to a motion on the
agenda (whether it has already been decided or not). It is also
always possible to put forth proposals about matters internal to the
meeting or gathering. However, new motions that are neither
meeting-internal nor alternatives to agenda proposals require an ad
hoc Assembly vote before they can be discussed. If the Assmebly
allows the discussion, the matter is a Special Motion and requires a
2/3 majority to pass. If a Special Motion is approved by the General
Meeting its decision does not come into effect until reviewed by the
Oversight Committee. If the Oversight Committee unanimously declare
the motion invalid it is repealed. Otherwise it goes into effect
immediately after review. A motion that has been declared invalid may
be proposed on the agenda of the next General Meeting.
c)
Extraordinary Meetings and Referenda
3:10.c05
Any member may at any time request an online Referendum. A request
can pertain to no more than one Referendum and requires a successful
petition of voting members in order to succeed (that is, in order for
the Referendum to take place). The initial request is submitted to
the Chief Coordinators (see 3:20.m). The Council notifies all EUDEC
members of the petition by E-Mail or paper post within 14 days.
Council provides at least one online method for members to declare
their support for the petition. The petition succeeds as soon as it
has received a number of supporters equal to or greater than an
absolute majority of EUDEC members, or alternatively 30% of the
voting members present at the previous Annual General Meeting.
Petition and Referendum votes are for all intents and purposes
identical with Assembly votes (and thus may only be cast by full
members in good standing). For the purpose of counting both voting
members present at the previous AGM and supporting votes for the
petition a member school is counted as three individual members.
3:10.c10
An Extraordinary Meeting may only be called by means of Assembly
resolution or online Referendum. The text of a Referendum calling an
Extraordinary Meeting must specify all agenda topics and the time and
location of the meeting. This procedure is not necessary if the
Guidance Document allows the petitioning member (or organ) to call an
Extraordinary Meeting. (e.g. 3:30.f10)
3:10.c20
An Extraordinary Meeting called by Referendum must take place no more
than 60 days and no less than 45 after the Referendum succeeds.
3:10.c25
A Referendum takes place no more than 30 days and no less than 7 days
after the petition to hold it succeeds. The Referendum may decide a
single motion that could otherwise be passed by the Assembly. The
method and duration of the Referendum is set by Council but has to be
approved by the member requesting the Referendum.
d)
Order
3:10.d10
The Chairperson or acting Chair of the General Meeting maintains
order at all times when the Meeting is in session. For this purpose
the Chair (or acting Chair) may at any time:
(11)
Warn participants who disturb the order
(12)
After two warnings entered into the minutes, remove a participant
from the meeting until the end of the current discussion
(13)
Set a time limit on any discussion, no shorter than 7 minutes
(14)
Set a time limit for each speaker, no shorter than 2 minutes
(15)
Change the order of discussions
3:10.d20
The Chairperson may determine time limits for discussions in advance
and announce these on the final agenda. The Assembly may, by a simple
vote, extend or change any time limit set by the Chair.
3:10.d30
A Secretary must be elected or agreed upon by Assembly for every
meeting for managing minutes, tallies, speakers' lists and any other
managerial tasks that may arise during the meeting.
3:10.d40
At every meeting two volunteers must be approved by majority vote for
counting votes.
3:10.d50
Proxy voting is not allowed in any votes of the General
Assembly.
Article 3:20 Council
3:20.10
The affairs of the Community are managed and administered by an
elected Council on behalf of the Community. Council's roles:
(11)
Council represents EUDEC publicly,
legally and politically, and carries out the decisions of the
Assembly.
(12)
Council acts as a deliberative
body that considers and executes EUDEC's strategy as defined by the
Assembly.
(13)
Council additionally coordinates
the activities of the Regional Chapters (see Article 3:40) and
Workgroups (see Article 3:50) and provides EUDEC's members and organs
with information.
(14)
Finally, Council prepares and
organises General Assemblies and is
responsible for the implementation of any other task necessary to
further the organisation's Aims and objectives.
3:20.20
Council consists of no less than 7 and no more than 11 members, all
of whom are elected for a term of two years at the Annual General
Meeting of members (see Article 2:60, as well as (a) below, for
Elections procedures). The exact
number of seats on Council is set for every term by the General
Meeting when Elections take place. This number remains set until
changed by the General Meeting.
3:20.30
At least three members of the Council must be age 18 or older (as
required by German law; cf. Articles of Association).
i)
Powers and Duties
3:20.i05
Council is obligated by all Assembly decisions and may never
contradict or override them, in word or in spirit.
3:20.i10
Council is the sole body entitled to represent EUDEC in all matters
legal or political (except such cases as another group is delegated
such entitlement: for one example, see 3:50.a40). In this role,
Council may enter into lawful contracts on behalf of EUDEC or
transact any business not subject exclusively to the Assembly's
authority. The Council sees that all necessary books and records of
the Community required by this Guidance Document, by the Articles of
Association (Satzung) or by any applicable statute or law are
regularly and properly kept.
3:20.i20
The Council may appoint any person or persons to perform any function
which they deem necessary to conduct efficiently the EUDEC’s
business. The Council is responsible for administration of all of
EUDEC's employment contracts.
3:20.i30
TEMPORARY COMMITTEES: The Council may set up such temporary
committees as they deem necessary to serve the needs of the Community
for so long as it serves a current, useful purpose. Temporary
committees are open to all members of EUDEC (full or associate) and
each elects a Chairperson who answers to Council and keeps the
Community informed of the committee's progress.
3:20.i40
SAFE-KEEPING of GUIDANCE
DOCUMENT: The Council is responsible for the safe-keeping of the
Guidance Document and for identifying and putting forth motions to
update and amend the Guidance Document and other internal documents
and regulations, proposes adjustments to the Articles of Association
following any relevant changes to the Guidance Document and advises
the Community on these matters.
[3:20.i45
TEMPORARY PROVISION: After the Assembly of August 2009 has ratified
any changes to the Guidance Document, Council may make any necessary
adjustments to the Articles of Association, so long as the purpose of
these is only to ensure compatibility between the two documents or to
ensure compatibility with German law.]
3:20.i50
SUPERVISION of CONTENT: The content of any event held by or in the
name of EUDEC is subject to approval by Council. This authority can
be delegated to a Regional Chapter or Workgroup ad hoc and retracted
at any time.
a)
Election
3:20.a10
ELIGIBILITY: The following are eligible for election to EUDEC
Council: Full individual members in good standing, students or
employees of full member schools in good standing, member school
voting representatives or anybody else nominated by a full member
school in good standing. An individual can only run if they have been
in EUDEC for 2 continuous months
and attended at least one General Meeting. For individuals who are
not full individual members (i.e., school members), the school's
membership is considered instead, and as such the school has to have
been a full member in good standing for 6 continuous months. As for
the requirement to have attended a General Meeting, candidates
present at nomination can count that Assembly towards this
requirement. Additionally, individuals who are not individual full
members of EUDEC must be eligible for full individual membership.
3:20.a20
Any candidate who accepts their election and is not an individual
full member of EUDEC must apply for full individual membership (as
per Article 2:10) within 7 days of the elections or be automatically
disqualified.
b)
Transition
3:20.b10
After full elections all members of the previous Council (at the time
of elections) shall be automatic Project Associates (as per 3:20.s)
until the first summit of the new Council. The leaving members of
Council shall thus assist the new Council in assuming its role and
shall help smooth the transition.
c)
Meetings
3:20.c01
VALIDITY: A meeting of Council is considered official and valid if
all members of Council are made aware that it is taking place, and
fair, democratic procedures have been followed in determining the
time and location.
3:20.c05
ATTENDANCE: Meetings of Council in person or online, when not
confidential (see 3:20.c06-07), are open to all members of the EUDEC,
who may attend as observers but not vote, and may not speak unless
permitted by Council (this does not apply to members of the Oversight
Committee). The minutes of all non-confidential Council meetings are
promptly made available on the official Internet platform. The
minutes of confidential meetings are limited to the purview of
Council alone (including future Councils).
3:20.c06
PRIVATE DISCUSSIONS: The first part of any Council meeting, no longer
than 20 minutes, may be made private and confidential. During private
discussions no one outside Council may be present unless specifically
invited by Council.
3:20.c07
CONFIDENTIALITY: Any discussion about the possible termination of an
employment contract or about the application for any individual's
membership in EUDEC or the termination thereof is confidential.
However, the reason for the meeting's confidentiality is not
confidential and Council informs members who would have liked to
attend (or read the minutes) as to the reason for the discussion's
confidentiality. Council is not obligated to name names when
providing this information. Council may decide by unanimous vote to
invite or interview an individual otherwise excluded from attendance.
Any decisions made in confidential discussions are not confidential,
and must be entered into the minutes along with any necessary
explanations.
3:20.c10
The Council meets in person in at least 3 official summits per year
(ideally once every 4 months) at a time and place made known to the
membership in advance. A draft agenda for the summit must be made
available for EUDEC members on the official Internet platform no
later than 14 days before the summit.
3:20.c20
TRAVEL FUNDS: The Council may decide to allocate available funds to
individual Council members for costs incurred for travel to Council
summits. Council designates a limited amount of funds available for
travel costs. The Chief Coordinator (see 3:20.m) is in charge of
ensuring that these funds are allocated fairly and equally. A Council
member may not request funds exceeding the total needed for the least
expensive travel option available, taking into account reasonable
travel time, ecological impact and convenience. The Chief Coordinator
collects all receipts for reimbursed travel expenses and submits them
to the Council Treasurer or responsible staff member. Council gives
full account of the allocation of travel funds in its yearly
financial report.
3:20.c50
An online Council meeting takes place at least once a month.
d)
Annual Agenda
3:20.d10
Within the 4 months following the Annual General Meeting (or
Conference), Council announces its Annual Agenda for the coming year,
illustrating the areas on which Council plans to focus in the coming
year. This Agenda is made available on the official Internet platform
and sent to all members via E-Mail.
e)
Absence
3:20.e10
Any member of Council who expects to be unavailable for an extended
period of time must give notice to Council. A member of Council may
take an official absence from office up to a total of 14 weeks per 12
months in office. During an official absence the member is not
required (but still allowed) to attend meetings and summits of
Council or to fulfil any other function mandated in this Guidance
Document or in any other document of the EUDEC. Any regular functions
or elected offices should be delegated for the duration of absence.
3:20.e20
Notice of official absence must be given to a Chief Coordinator (see
3:20.m) in advance of the planned absence, along with an estimate of
the duration of absence.
3:20.e40
Absence in excess of the time afforded by 3:20.e10 is not allowed
under any circumstances. Members of Council who do not step down in
case of such prolonged absence may be disqualified by the Oversight
Committee (see Article 3:30). The Chief Coordinator informs the
Oversight Committee of any absences taken in contradiction of this
section.
f)
Removal of Members
3:20.f10
In
the event that a Council member has missed three (3) consecutive
meetings of the Council (in person or online) without notice of
intent to be absent (as per 3:20.e20) Council is tasked with
notifying the Ombudsman. (The Ombudsman is the chairperson of the
Oversight Committee as per Article 3:30.) The Oversight Committee
must then discuss the continued office of said Council member. This
notification constitutes a demand that the Oversight Committee make a
decision.
3:20.f20
The Assembly may remove a member of Council from office if the member
has been suspended by the Oversight Committee (see 3:30.f10).
A special majority of two thirds of votes cast in the Assembly is
needed to finalise the disqualification.
h)
Voting
3:20.h10
Proxy voting is allowed in all meetings and on all matters decided by
Council. The procedures for proxy voting within Council may be
determined by Council without recourse to the Assembly.
j)
Remuneration of Council Members
3:20.j10
The Council members receive no remuneration for acting as such except
repayment of reasonable expenses incurred by them in the normal
course of their duties, such as travel expenses for attending Council
summits (see 3:20.c20).
k)
Council Officers
3:20.k10
The Council designates a Chair, Vice Chair, Chief Coordinator,
Secondary Coordinator, Treasurer, Region Coordinator, Workgroup
Coordinators and General Contact. The Officers are elected at a
meeting held soon after the Annual General Meeting and must be
members of Council. No person may serve as a Council Officer if they
have been disqualified as a member of the Council. Members of Council
are allowed to hold multiple Council Offices, and groups of two or
three members of Council may jointly run and be elected for any
single Office. However, the Chair, Vice Chair and Treasurer must be
three separate individuals, and, as required by German law, these
three must be 18 years of age or older.
3:20.k20
Council must fill vacancies in these Offices within 10 days.
l)
Duties of Chairperson
3:20.l10
When present the Chair,
or any Council member delegated by the Chair, presides
at all meetings of the Assembly of the Community, unless
any member wants to have an election for chairperson, in which any
member can run as candidate for chairperson.
During the absence or inability of the
Chair the Vice Chair, or such other Member as the Council may appoint
for the purpose, may exercise any such duty or power.
3:20.l20
The Chair, or the Vice Chair or other Council member in the absence
of the Chair, is the official spokesperson for releasing to the
public only such information as is authorised as official policy. The
Council can also appoint a person to act on their behalf to release
information to the public.
m)
Duties of the Chief Coordinators
3:20.m10
The Chief Coordinator takes the minutes of each meeting and presents
them at the subsequent meetings at the direction of the Council. The
Chief Coordinator is charged with coordinating the general management
and supervision of the affairs and operations of the EUDEC Community
and with additional coordination duties outlined throughout this
Guidance Document.
3:20.m20
The Chief Coordinator is responsible for the safe custody of all
Community records and must release no information from these records
except as authorised by the Council or as required by statute. At all
meetings of Council and of the Assembly the Chief Coordinator, or a
Secretary they have appointed, takes minutes, recording all matters
brought forth, all motions proposed and all votes and their outcomes
and sees that the minutes are made available on the official Internet
platform to all members within 14 days of the end of the meeting, the
summit or the gathering in which the meeting took place.
3:20.m30
The Chief Coordinator maintains the financial records of the
Community and is in charge of managing the Community's finances on a
day-to-day basis. The Coordinator presents the records to the
Treasurer and to the Auditors in full for auditing.
3:20.m40
The Secondary Coordinator is deputy to the Chief Coordinator. The
Chief Coordinator keeps the Secondary Coordinator abreast of their
work and delegates tasks to them as needed. Any task of the Chief
Coordinator may be delegated to the Secondary Coordinator at any
time, on a temporary or long-term basis.
n)
Duties of the Treasurer
3:20.n10
The Treasurer audits the Community's financial records and presents a
financial report at each Council summit and an annual financial
statement of the year’s transactions to members at the Annual
General Meeting. The Treasurer prepares an annual budget for
Council’s approval in advance of the beginning of each financial
year.
o)
Duties of the Region Coordinator
3:20.o10
The Region Coordinator maintains
contact with the Regional Advisors and informs Council about their
work. At every meeting of Council the Region Coordinator gives a
report, as appropriate, of the state of the Chapters and any news
they may have. (See Article 3:40) The
role of Region Coordinator may also be allocated to a Project
Associate.
p)
Duties of the Workgroup Coordinators
3:20.p05
Two or more Workgroup Coordinators are elected to maintain contact
and coordination with the Community's Workgroups (see 3:50). The
role of Workgroup Coordinator may also be allocated to a Project
Associate.
3:20.p10
The Workgroup Coordinators maintain contact with all Workgroups and
oversee their work. At every meeting of Council the Workgroup
Coordinators give a report, as appropriate, of the state of the
Workgroups and any news they may have.
3:20.p20
A Workgroup Coordinator may, if they see fit, delegate contact with a
given Workgroup to a peer in Council. This delegation may be ended at
any time by the Coordinator or by the delegated contact.
r)
Duties of the General Contact
3:20.r10
The General Contact receives enquiries from interested parties within
and without the Community and replies to them or forwards them as
appropriate. At every meeting of Council, the General Contact gives a
report, as appropriate, of any news pertaining to these enquiries.
s)
Project Associates
3:20.s10
Council may, at their discretion, appoint Project Associates at any
time. A Project Associate is appointed for collaboration with Council
on one specific project or more and is invited to take part in all
meetings of Council for the duration of their term. An appointment or
the retraction of any appointment must be announced to the Ombudsman
as soon as possible and be entered in the minutes.
3:20.s20
A Project Associate may be any natural person not currently on the
Oversight Committee.
3:20.s30
Project Associates are appointed for a term ending at the end of the
next Council summit or General Meeting. At the terminal meeting of
the Project Associates' term, Council may, by simple majority vote,
extend a Project Associate's appointment for an additional term. The
term of Project Associates can only be extended individually.
Article 3:30 Oversight Committee
3:30.10
The affairs of the Community and its Council are overseen by an
elected Oversight Committee. The Oversight Committee arbitrates
disputes and addresses members' complaints in accordance with the
word and spirit of the Articles of Association and this Guidance
Document. It may never contradict or override these documents in any
way, nor any decision of the General Assembly.
3:30.20
The Committee consists of 3 members, elected for a term of two years
by the Assembly of members. The Oversight Committee is headed by its
chairperson, the Ombudsman (see 3:30.g).
a)
Election
3:30.a10
No member of the Oversight Committee may be a member of Council or a
first-degree relative of any member of Council.
3:30.a20
Only an individual who is currently a full member of EUDEC in good
standing (see 2:10.a25) and who has been a full member of EUDEC for
at least ten (10) full months may be elected for the Oversight
Committee.
b)
Votes
3:30.b10
A vote to exercise the Committee's judicial power may take place,
following debate, at any such time as the Ombudsman calls a vote. A
vote also takes place, following debate, at any such time as Council
puts forward a specific question to vote by the Oversight Committee.
3:30.b20
The Oversight Committee may conduct its debates and votes over the
Internet, by conference call or in person. A vote may only be held if
notice has been given to all members of the Committee and fair
democratic procedure was followed to allow all members to take part
in the vote.
d)
Dissolution
3:30.d20
Assembly
can at any time remove the current membership of Oversight Committee
and, as soon as possible, hold elections for all seats on the
Committee anew. Such a procedures can be initiated only by two thirds
of votes cast in a General Meeting or Referendum. Such a resolution
may only be passed if fourteen days' notice has been given of
intention to pass such resolution. Elections for the new makeup of
the Committee can take place online or, if specified in the
resolution, at an Extraordinary Meeting.
e)
Powers
3:30.e10
The Oversight Committee may repeal any internal procedures made as
per Article 2:50. Such a decision must be based on the criteria for
disqualification outlined in 3:30.h40-43.
3:30.e20
The Oversight Committee may suspend the office of a Council member or
any other Officer of the Community, or the certification of any
Regional Chapter, Workgroup or other Committee, pending a final
decision by the Assembly. A suspension of a member or officer can
only be based on the criteria for disqualification as set forth in
3:30.h.
3:30.e25
The Oversight Committee may recommend the termination of any EUDEC
employment contract, pending a final decision by Council or Assembly.
Such a recommendation may only be made if it has been sufficiently
demonstrated that breach of contract has taken place.
3:30.e40
Whenever the Committee exercises any of the above powers the decision
must be explained by the Ombudsman or a member delegated by the
Ombudsman, subject to disclosure as per 2:30 within 14 days of the
decision.
f)
Matters Brought Before the Assembly
3:30.f10
At such a time as a matter must be brought before the Assembly by the
Oversight Committee for a final decision (as per 3:30.e or any other
part of this Guidance Document) Council must within 14 days of the
initial decision give notice of the date and method of the decision.
Notice must be given by an individual mailing to all members, by
paper post or by E-Mail. The debate and vote are held no less than 7
days and no more than 30 days after notice was sent out. The deciding
vote can take place on the Internet or in an Extraordinary Meeting of
the General Assembly, as determined by the Council. Unless specified
otherwise in this Guidance Document (as in 3:20.f20) this decision is
made by a simple majority vote as per Article 2:40.
g)
Ombudsman
3:30.g10
The Committee elects a Chairperson from its midst, who is Ombudsman.
The Ombudsman is elected at a meeting held soon after the Annual
General Meeting, and no person may serve as Ombudsman if, after
election, they have been disqualified as a member of the Committee.
3:30.g20
The Ombudsman is tasked with receiving complaints and petitions by
members of the Community. Upon receiving a petition the Ombudsman
must resolve the matter to the satisfaction of the petitioner or put
the matter to debate and vote by the Committee.
3:30.g40
The Ombudsman reports to Council and to the Community on any votes or
discussions of the Committee. All Committee decisions are subject to
disclosure as per Article 2:40.
h)
Disqualification
3:30.h10
A member of EUDEC can be disqualified on the following grounds only:
(12)
It has been sufficiently demonstrated that the member, by his, her or
its decisions, impedes EUDEC's Aims of Article 1:10 or the
declaration of Article 1:20, signed as part of the membership
application form, or any other procedure of membership in Article
2:10.
3:30.h20
The status of Council member, Workgroup chairperson, Regional Advisor
or Project Associate may only be revoked by disqualification based on
one or more of the following criteria:
(21)
The member has been disqualified as a member of EUDEC.
(22)
It has been sufficiently demonstrated that the member has acted
against the decisions codified in this Guidance Document or against
the interests of EUDEC as defined therein, or has not acted in
EUDEC's best interest.
(23)
The member has, while in official capacity on EUDEC business, in
their behaviour or presentation, represented EUDEC badly or in such a
manner unacceptable to common norms.
(24)
The member has failed to fulfil their official role as defined in
this Guidance Document.
(25)
It has been sufficiently demonstrated that the member has accepted
bribery, be it in the form of currency, payment in kind or personal
favours of any nature.
3:30.h30
A member of Council may be disqualified if it has been sufficiently
demonstrated that their absence exceeds the period of official
absence allowed in 3:20.e10 (14 weeks in every 12 months in office).
3:30.h40
Internal procedures created as per 2:50 may be repealed on the
following grounds:
(41)
The procedures contradict the Guidance Document, or any other
decision of the Assembly, in word or in spirit.
(42)
The Committee is convinced that the procedures are based on, or may
cause, unfair discrimination (which is discrimination based on
immaterial criteria).
(43)
The Committee is convinced that the procedures impede, rather than
enable, the effective work of the organ that created them, or any
other organ of EUDEC.
Article 3:40 Regional Chapters
3:40.10
Regional Chapters have the duty of publicly representing EUDEC on the
regional, national and local levels.
3:40.20
An established Regional Chapter is recognised in the records of the
Community. An official Regional Chapter may be established by members
of EUDEC within a geographical region, provided all members in that
region were allowed to attend the founding meeting and sufficient
effort was made to make the meeting known to them. In order to become
a recognised Chapter the Chapter must agree upon Terms of Reference
with Council. The Terms of Reference must clarify the legal,
financial and organisational relationship between EUDEC and the
Regional Chapter. Once Council has approved the Terms of Reference
the Chapter is entered in the records as a recognised Chapter.
Council may at any time revoke a Chapter's status if it has not yet
been recognised by the Assembly. During the Annual General Meeting
any newly-recognised Chapters are discussed, and a vote takes place
to award the Chapter recognition. Once a Chapter has been recognised
by the Assembly only the Assembly may revoke the Chapter's status.
a)
Tasks
3:40.a10
Regional Chapters are tasked with providing a translation of EUDEC's
Guidance Document, membership forms and announcements to members,
into the main administrative language of their region.
3:40.a20
If it is within the means of the Regional Chapter a Regional
EUDEC Website should be created and administered by the Chapter. The
website must conform to the style and quality of the central EUDEC
website and provide information in the region's dominant language(s).
b)
Regional Advisor
3:40.b10
Any certified Regional Chapter must have one Regional Advisor,
delegated by the Chapter from amongst its membership, to manage and
coordinate the contact with EUDEC's Council and Assembly. Regional
Advisors are tasked with updating Council, by means of contact with
the Region Coordinator (see 3:20.o).
3:40.b30
The Regional Advisor (or a Regional Contact appointed by the Advisor)
receives enquiries from interested parties in the Region and in its
dominant language(s) and answers these or redirects them to the
Council's General Contact if necessary.
c)
Membership
3:40.c10
CHAPTERS and MEMBERS' RIGHTS: All members of a recognised Chapter
have the same rights as a member of EUDEC, taking into account the
same differentiations between types of membership (full vs.
associate) and kinds of member (individual vs. school vs.
organisation) as are differentiated in this Guidance Document.
Chapters share their member information database with Council.
3:40.c20
MEMBERSHIP and CHAPTERS: Chapters are informed whenever a member in
their region is accepted or rejected by Council, and newly-recognised
Chapters receive a full list of members in their region. Chapters are
not obligated to accept applicant on the mere grounds of EUDEC
membership and geographical location, but may not accept the
application of an applicant who has been rejected by EUDEC Council.
3:40.c25
DOUBLE MEMBERSHIP: It is always permissable to be member in EUDEC
e.V. as well as in a recognised Chapter. It is never permissable to
be a member of two recognised Chapters simultaneously.
3:40.c30
MEMBERSHIP FEES and CHAPTERS: A member of EUDEC e.V. who is a member
of a recognised Chapter pays their membership fees to the Chapter,
unless the Chapter is organised as a dependent project of EUDEC e.V.
(as opposed to as a separate legal entity.) The Terms of Reference
between a recognised Chapter and EUDEC Council must determine how the
income from membership fees is divided, which party collects the fees
and how the funds are transferred. The Terms of Reference may give a
Chapter permission to charge additional fees from its membership,
beyond those mandated by the Fee Schedule, but these additional fees
may only be used for the Chapter itself.
Every
recognised Chapter may set membership fees that are higher or lower
than the fees set by Assembly. These fees are applicable for the
Chapter's region for all members of EUDEC and of its Chapters.
Article 3:50 Workgroups
3:50.10
Ongoing or limited projects undertaken by the Community are organised
in the framework of Workgroups, which are open to all members of
EUDEC.
a)
Recognition
3:50.a10
Council may recognise a singular or ongoing project as an official
Workgroup.
3:50.a20
Recognised Workgroups are registered by Council in the records of the
Community. Council may dissolve a Workgroup when appropriate, their
reasoning subject to disclosure as per 2:30.
3:50.a30
Each recognised Workgroup elects a chairperson from its midst who is
responsible for communication with Council and Assembly.
3:50.a40
On a case-by-case basis Council may ordain a particular Workgroup to
publicly, legally or politically represent EUDEC generally or within
the scope of a particular project. This authority may be revoked by
Council resolution without notice at any time. The decision to
delegate or revoke this authority must be explained, subject to
disclosure as per Article 2:30.
Article 3:60 Auditors
3:60.10
The Assembly of members appoints two Auditors to monitor, audit and
report on the bookkeeping of the Community. They are elected during
the annual Full Elections – see Article 2:60 for election
procedures.
3:60.20
An Auditor may not at any point or in any way also be a member of
Council or of the Oversight committee, nor may they be the Regional
Advisor of any Regional Chapter, at the same time as they are an
Auditor.
3:60.30
The Auditors prepare a report on the bookkeeping of the Community for
each Annual General Meeting. The Auditors have full purview of all
financial records of the Community. The Treasurer (see 3:20.n) and
Chief Coordinators (see 3:20.m) provide them with any information
they need. The Auditors present their report to the Assembly
immediately following the Treasurer's report and budget presentation.
Section
4: Conditions
Article 4:05 Conflicts of
Interpretation
4:05
Any conflicts of interpretation arising from this Guidance Document,
including but not limited to omissions and lacunae, may be determined
by resolution of Council, pending approval by the Oversight
Committee. Such decisions are subject to disclosure as per 2:30.
Article 4:20 Execution of Documents
4:20.10
Deeds, transfers, licences, cheques, bills of exchange or other
orders for the payment of money, notes or other evidences of
indebtedness issued in the name of the Community, contracts and
engagements on behalf of EUDEC, are signed by two members of Council.
Contracts in the ordinary course of the Community's operations may be
entered into on behalf of the Community by the Council.
4:20.20
Notwithstanding any provisions to the contrary contained in the
Guidance Document of the Community the Council may at any time, by
resolution, direct the manner in which, and the person or persons by
whom, any particular instrument, contract or obligations of the
Community may or shall be executed.
Article 4:90 Guidelines, Resolutions
and Amendments
4:90.05
This document has been approved by the General Assembly. Any
additions, amendments or alterations to this Guidance Document must
be approved by a two-thirds majority at a General Meeting or by
Referendum.
[4:90.10
Temporary Provision: until the end of the Annual General Meeting of
2010, changes can be made to the Guidance Document with a simple
majority, save to Articles 1:00, 1:10, 4:90, and paragraphs 2:10.a10,
2:10.a11, and all Articles which relate directly to the Articles of
Association.] |