Statutes of MEDEL

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(Pour le texte officiel français

voir ici
)

STATUTES
of MEDEL (EN)

(English
unofficial translation)

PREAMBLE:

Meeting
in Strasbourg on June 15th 1985, European magistrates and
associations of magistrates convened to constitute an association
with the denomination of MEDEL - "Magistrats Européens
pour la Démocratie et les Libertés
". Wishing
to transform this de facto association into an association with a
legal personality with the same goals, the undersigned have adapted
its statutes, in conformity with the laws in force in the
jurisdiction of Strasbourg.

Art.
1.

An
association denominated "Magistrats Européens pour la
Démocratie et les Libertés
", abbreviated as
MEDEL, has been created. Its seat is in
Strasbourg, Rue Finkmatt n° 12.

It
is inscribed in the Registry of associations of the Tribunal
d’Instance of Strasbourg and ruled by articles 21 to 79 of the
local Civil Code, maintained in force by the introductory law of June
1st 1924, as well as by the present statutes.

For
the purpose of the present Statutes the title of magistrate applies
to all persons who, in their principal capacity, apply by profession
the rule of law in the context of a contradictory procedure within a
permanent organism of legal origin the jurisdiction of which is
obligatory, all persons undergoing the training or apprenticeship
provided for by the law for access to this profession and all persons
who, having practiced the profession, have been relieved by reason of
retirement or other honorable reasons.

GOALS
OF THE ASSOCIATION

Art.
2.

The
goals of the association’s action are:


  1. The
    establishment of a common debate among magistrates from different
    Countries to support European community integration, in view of the
    creation of a European political union;

  2. the
    defense of the independence of the judiciary in the face of every
    other power as well as of specific interests,
  3. the
    democratization of the judiciary, in its recruitment and in the
    conditions for the exercise of the profession, in particular in face
    of the hierarchical organization.

  4. the
    respect, in all circumstances, of the legal values specific to the
    democratic state based on the rule of law.

  5. the
    assertion of the right of magistrates, as of all citizens, to
    freedom of assembly, association and expression, including the right
    to form trade unions, to meet and to take collective action;
  6. a
    judicial organization apt to guarantee a public service of justice
    responding to the principle of transparency, allowing for the
    citizens’ control over its functioning;

  7. the
    promotion of a democratic legal culture through exchanges of
    information and the study of common topics;

  8. the
    proclamation and the defense of the rights of minorities and of
    differences, and in particular the rights of immigrants and the most
    deprived, in a perspective of social emancipation of the weakest,

Art.3.

The
association will act with the federated associations, in each State
represented as well as at international level, and in particular
vis-a-vis the European institutions. It will act, in particular, in
favor of the adoption of an additional protocol to the European
Convention on Human Rights on the status of magistrates (declaration
of Bordeaux of October 15th 1984).

Art.
4

The
association abstains from all commercial activity.

MEMBERSHIP
OF THE ASSOCIATION:

Art.
5.

Effective
members are:


  1. magistrates
    who have signed the agreement of the June 15th 1985 and
    the other ones who have been admitted until today.

  2. magistrates
    who have signed this agreement;

  3. magistrates
    accepted by a majority vote of two thirds by the general assembly.

Only
magistrates who are members of a federated national association can
be members of MEDEL: an exception to this rule is made if no
organization represented in MEDEL exists in the country for the
jurisdictional order to which the magistrate belongs.
The
federated national associations share the goals of MEDEL. They engage
to promote them and spread them at all levels.

Art.
6.

The
quality of member is lost:


  1. by
    way of resignation,
  2. on
    account of the loss of the quality of delegate of a federated
    association,

  3. by
    way of exclusion pronounced by a two thirds’ majority of the
    General Assembly for any event of a nature to cause any material or
    moral prejudice to the association.

In
the event of an exclusion, the member involved will be invited to
provide explanations and present his defense.

Art.
7

Dues
are determined annually by the general assembly. They are in
proportion to the possibilities and responsibilities of the federated
members and associations.

ADMINISTRATION
AND FUNCTIONING

Art
8

The
General Assembly of the members up-to-date with payments shall meet
as Congress at least once a year, preferably on the occasion of the
congress of one of the federated associations. The General Assembly
is the sovereign power of the association, of which it defines the
general policy.

The
Board of Directors convenes the General Assembly with at least three
weeks’ notice. The notification includes the agenda.

The
Assembly attends the moral and budget reports; it approves the
accounts for the previous year and votes the budget for the following
year; it decides on the matters included in the agenda and it
provides for the designation or renewal of the members of the Board
of Directors; it designates an auditor to check the accounts.

Art.
9.

The
association is administered by a Board of Directors composed of at
least seven members elected by the General Assembly and proposed by
the national associations.

Art.
10.

The
Board of Directors decides by a absolute majority of the members
present or represented, and it deliberates validly if at least half
of its members are present or represented. The Board of Directors
meets at least three times a year, convened by the President or at
the request of two of its members

Art.
11.

In
case of impediment, members of the assembly and those of the Board of
Directors can be represented by a delegate provided with a power of
attorney, no member being allowed to carry more than two votes. Any
member of the Board can require a secret scrutiny.

Art.
12

The
Board of Directors designates, among its members, a bureau in charge
of the implementation of its decisions.

The
bureau includes at least three members, of different nationalities,
as President, Secretary and Treasurer; their mandate is of one year
and it’s renewable.

At
the expiration of one term, the Board of Directors and its bureau
continue their mission until their successors take office.

Art.
13.

The
members of the bureau are the spokespersons of the association. All
the members of the association are informed of the unanimously taken
decisions of the bureau.

Art.
14.

Minutes
are kept of the decisions of the General Assembly, the Board of
Directors and the Bureau. The minutes are sent to all members of the
Association.

Art.
15.

The
President is the legal representative of the association which he
represents in all acts of civil life. He may, on the advice of the
Board of Directors, delegate all or part of his powers to another
member of the board. The representative of the association must enjoy
the full exercise of his civil rights.

Art.
16.


  1. The
    resources of the association are made up of dues, grants, the
    product of donations and gifts, of resources created in exceptional
    cases.
  2. The
    financial year starts on January 1st and ends on December
    31st.
  3. Expenses
    are authorized by the treasurer in conformity with the budget and
    the decisions of the statutory organs. The treasurer can delegate
    his powers with the consent of the bureau.
  4. Accounts
    are kept of receipts and expenses, under the control of the auditor
    of accounts.

MODIFICATION
OF THE STATUTES

AND
DISSOLUTION OF THE ASSOCIATION

Art.
17.

The
statutes can only be modified following a proposal of the Board of
Directors or of one quarter of the effective members up-to-date with
payments. The Extraordinary General Assembly convened to decide on
these modifications must be composed of at least one quarter of its
members. If this proportion is not reached, the general assembly is
convened again, but after an interval of fifteen days. It can then
deliberate, whatever the number of members present.

A
majority of two thirds of the members present is necessary for the
adoption of the project.

Art.
18.

The
General Assembly convened to decide on the dissolution of the
association is summoned specifically for this purpose. It must
comprise at least one half plus one of its members. If this
proportion is not attained, the assembly is convened, but after an
interval of fifteen days. It can then deliberate, whatever the number
of members present. In all cases, the dissolution is decided only
through a two thirds’ majority vote of the members present.

Art.
19.

In
case of dissolution, the general assembly appoints one or more
liquidators entrusted with the liquidation of the assets of the
association. It attributes the net assets to one or more associations
pursuing a similar goal.

Art.
20.

The
President must inform the Tribunal d’Instance of Strasbourg
within three months of decisions concerning:


  • changes
    which have occurred in the composition of the Board of Directors,

  • modifications
    brought to the statutes,

  • transfer
    of the seat,

  • dissolution.

Art.
21.

Internal
regulations, if necessary, are adopted by the Board of Directors and
submitted for approval to the General Assembly.

Art.
22.

The
first Board of Directors whose mandate expires on December 31st
1988, is composed of the following persons:
Simonis
G.H. – Wettinck Ch. (Belgique) ; Belloch J.A. –
Mena J.M (Espagne) ; Froment B. – Guichard F. (France) ;
Stavropoulos G. – Rammos Ch. (Grèce) ; Senese S. –
Zanchetta L. (Italie) ; Van der Schans T. – Reiling D.
(pays-Bas) ; Pinto Dos santos F.J. – Torres M.
(Portugal) ; Stotzel H. – Strecher Ch. (R.F.A.),
who are all magistrates.

The
present statutes have been adopted by the constituent General
Assembly held in Paris on November 29th 1987.

(Pour le texte officiel français

voir ici
)

23 10 2004
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