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  Association des Magistrats de l'Union Européenne > Statutes lundi 20 novembre 2017  
     
  ARTICLE 8: INTERNAL RULES  

The internal rules are established by the Board of directors. It is intended to fix the various points not envisaged by the statutes and useful for the achievement of the Association's objectives.

It includes in particular the list of the founder members, the Board of directors, the Committee and designates the renewable members at the end of three years.



  ARTICLE 7 - RESOURCES - ACCOUNTANCY - EXPENDITURE  

  • Resources 

The resources of the Association include the contributions and any resource and subsidy that the Association can legally hold.

  • Accounts Department - Expenditures

The accountancy is kept under control of the Treasurer.
The expenditures are ordered by the President. Their payment is carried out by the Treasurer.



  ARTICLE 6. BODIES AND OPERATION  

Art. 6-1- THE ASSEMBLY GENERAL • The Assembly General approves the accounts, votes the budget and reaches a decision about the general objectives.
• It meets at least once a year summoned by the President or the Committee and includes all the members of the Association, up to date of their contribution. It can meet by full right at the request of the third of its members or half of the members of the Board of directors.
• The members of the Association will receive, by email, 8 days in advance their convocation which will have to mention the agenda, prepared by the Committee.
• The Assembly General deliberates whatever the number of the present members or represented members.
• The presidency of the Assembly General belongs to the President or in his absence to one of the Vice-presidents. This duty can be delegated to another member of the Board of directors.
• The Assembly General can invite any person whose presence will be considered useful.
• Decisions are taken by simple majority of the members, present or represented. No one can be holder of more than two proxies.
• Only the members of the Association up to date of their contribution take part in the vote with deliberative voice. The associate members attend the Assembly with a consultative power.
• It will be carried out, after the Assembly has gone through the agenda, with the replacement or the renewal of the members of the Board of directors whose mandate expires. The vote is done with a show of hands, unless a member requires the secret vote.
Art. 6-2- THE BOARD OF DIRECTORS
The Association is managed by a Board of directors made up of 15 elected members, of 3 fully-fledged members and 2 honorary members:
15 elected members:
- They are founder members, benefactor and active members of the Association elected for 3 years by the Assembly General and renewable per third every year (the first 2 outgoing thirds on the 4th and the 5th year are chosen at random);
- The election is done with a show of hands, unless a member requires the secret vote. To be elected, the members will have to be titular of a seniority of at least a year within the Association, except formal exemption of the Committee;
- The elected members ensure, for the benefit of the Association, the following duties and permanent operational responsibilities:
1. Chief Editor of the review, or person in charge with the publications;
2. Person in charge with the "conferences" organization;
3. Person in charge with the "data-processing" (Webmaster of the Internet website);
4. Person in charge with the "general secretary’s office";
5. Treasurer
- The list of the duties above being non-restrictive and being able to vary according to the circumstances and the evolution of the activities of the Association, each duty to be filled by a voluntary member of the Association is described in a file clarifying the nature of the tasks to be carried out, their particular constraints and the approximate workload they represent, so that the voluntary candidates for these duties have a vision as clear as possible of what they require in terms of time, competences and implications.
- The Committee can propose a new duty to the Assembly General which ratifies this creation and the appointment of his holder elected by a simple majority, this holder becoming by full right, member of the Board of directors, and under the conditions defined above.
3 fully-fledged members:
- Mister the European Commissioner for Justice, or his representative;
- Mister the Minister of Justice, Lord Chancellor, or his representative; - Mister the Director of the French National School for the Judiciary (E.N.M.) or his representative.
2 honorary members:
- Mr. Gilbert AZIBERT, Chief Public Prosecutor at the Court of Appeal of Bordeaux;
- Mr. Yves-Pierre LE ROUX, Judge at the Court of Appeal of Bordeaux.
The Board is invested with the widest capacities to decide and authorize any operation having for goal the realization of the aim of the Association. It is in particular in charge of the elaboration of the internal rules.
The Board can invite any person whose presence will be considered useful.
The Board of directors meets as often as the interest of the Association requires it, summoned by the President or on request of the quarter of its members, and at least once a year.
The Board of directors can deliberate validly only if half of its elected and honorary members are indeed present or are represented. The validity of the votes requires the majority of the members present and represented. However, each present member cannot be holder of more than one proxy.
The President has casting vote in the event of equality of the votes.
The tasks of members of the Board of directors are carried out on a purely voluntary basis. The Board of directors can decide to refund its members the expenses caused by the exercise of their activities, on presentation of written proof and after prior agreement of the President or the Treasurer.
Any member of the Board of directors who will have missed without valid excuse two consecutive meetings could be regarded as resigning after being informed by mail.
Art. 6-3. THE COMMITTEE
The Board of directors elects a Committee made up of at least 4 persons among its elected members and honorary members.
The Committee is composed of:
- A President
The President animates the Association and has the widest capacities to represent the Association, both in France and abroad, with regards to authorities and third parties. He leads the discussions of the Committee, the Board of directors and the Assembly General, which he chairs. He supervises and ensures the observance of the statutes and the internal rules. He signs all acts, all decisions or all deliberations extracts interesting the Association and is responsible for the opening of the bank accounts. He can delegate whole or part of his powers. The President of the Committee is the President of the Association.
- A Vice-president (or several Vice-presidents)
- A Secretary and, if it is necessary, an associate Secretary
The Secretary is in charge of all that is related to the correspondence and the files. He writes the official reports of the Board’s deliberations and ensures the transcription on the registers. In the event of absence or of illness, he is replaced by a member of the Board appointed by the President who has then the same powers.
- A Treasurer and, if it is necessary, an associate Treasurer
The Treasurer is charged with all that concerns the management of the Association’s patrimony. He perceives all receipts and carries out all payments under the monitoring of the President. He keeps the accountancy of all the operations in order. In the event of absence or of illness, he is replaced by a member of the Board appointed by the President who has the same capacities then.
The members of the Committee are elected for a three years mandate by the members of the Board of directors. They must have a seniority of at least a year as members of the Board of directors.
The votes are done with a show of hands unless a member requires the secret vote.



  ARTICLE 5. MEMBERS ADMISSION  

Art. 5-1 - The Association is composed of founder members, honorary members, benefactor members, associate members and active members.
1. Art. 5-2 - Has the quality of:
- "Founder member", any person having been member before March 29th, 2004;
- "Honorary member", any person contributing or having contributed by his activity or his scientific and/or cultural knowledge to legal co-operation. They are exempted from contributions. The title of honorary member is awarded on decision of the Committee;
- "Benefactor member", any person contributing materially or financially to the operation of the Association;
- "Associate member", any magistrate from a Member State of the European Union or from an applicant country exempted from contributions. An associate member can attend the Assembly General, be consulted, but is neither entitled to vote, nor to be eligible. The title of associate member is awarded on decision of the Committee;
- "Active member", any person who undertakes to pay an annual contribution.
Art. 5-3 - Any person interested in the questions of legal co-operation can also be member.
Art. 5-4 - The Committee rules on any request for membership.
Art. 5-5 - The membership is lost on the day of :
- Death, 
- Resignation noticed to the President of the Association in writing,
- Exclusion pronounced by the Committee for infringement with the present statutes, non-observance of the internal rules or for serious grounds doing the Association a moral wrong or a loss.

Art 5-5-1 The membership can be lost in the event of non-payment of the contribution. Any member who is not up to date of his contribution loses his voting right and becomes ineligible for any task within the Association.



  ARTICLE 4. DURATION REGISTERED OFFICE  

The duration of the Association is unlimited.
Its registered office is fixed at François LALES, etc.
It could be moved on decision of the Committee.



  ARTICLE 3. The Association is affiliated neither with a trade union nor with a political party.  



  ARTICLE 2 - AIM - MEANS OF ACTION  

Art. 2-1 - The Association has the aim of promoting the development of relations between magistrates of the Member States of the European Union or the applicant countries in order to facilitate and to accelerate legal co-operation in civil and criminal matters.

Art. 2-2 - The Association also aims at improving reciprocal knowledge of the legal systems of the Member States or applicant countries in order to reinforce the practical operation of the legal co-operation.

Art. 2-3 - The Association organizes in particular:

- Symposium, seminars and conferences on legal co-operation;

- Exchanges and meetings between magistrates from the Member States;

- Training courses within the various authorities of the European Union (the European Court of Justice, European Court of First Instance, International Criminal Tribunal - European Legal Network, Anti-Fraud Office, Liaison magistrates, EUROJUST, Committee of Permanent Representatives, COREPER, EUROPOL), of the respective chancelleries (example: in the French Ministry of Justice, the Service of the European and International Affairs and the Secretariat General for European Affairs) and other international organizations (the Council of Europe, European Court of Human Rights, Interpol).

Art. 2-4 - The communication of the Association is made in particular by means of :

- A newspaper,

- An Internet website,

- A forum

Art. 2-5 - The Association wishes most largely to make the French National School for the Judiciary (E.N.M.) a partner in its activities and work, as well as the institutions of the European Judicial Training Network and all other training organizations for magistrates in the European Union and the applicant countries.



  ARTICLE I CONSTITUTION - DESIGNATION  

The undersigned persons, as well as the persons who will join thereafter these statutes, constitute an association, following the French Law of 1901 and having for designation : " European Judges and Prosecutors Association ".

The Association is made up members, citizens from the States of the European Union and applicant countries having quality of :
- Magistrates,
- Judges
- And prosecutors,
on duty or in training (example: training judges in France).

By convenience, they will be indicated in these statutes under the generic term of "magistrates".



 
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