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Statute

Amended version as adopted by the Governing Board on 27 October 2009.

§ 1 Name, Legal Form and Seat

1. The Foundation shall be known as the "Academy of European Law in Trier".

2. The Foundation shall be a foundation established under civil law and shall have legal capacity. It shall be subject to public supervision (rechtsfähige öffentliche Stiftung des bürgerlichen Rechts).

3. The seat of the Foundation shall be in Trier.


§ 2 Function

The function of the Foundation shall be to establish and operate the Academy of European Law Trier.


§ 3 Objectives

1. The task of the Academy of European Law Trier shall be to enable individuals and authorities involved in the application and implementation of European law in Member States and in other European States interested in close co-operation with the European Union to gain a wider knowledge of European law, in particular European Union law and its application and to make possible a mutual and comprehensive exchange of experiences.

2. The Academy shall pursue this objective by organising courses, conferences, seminars and specialist symposia, particularly for the purposes of continuing vocational training, by issuing publications and by providing a forum for discussions.


§ 4 Not-for-profit Status

1. The Foundation shall exclusively and directly pursue objectives of a non-profitmaking character within the meaning of the section of the Tax Code on "Objectives entitled to tax relief".

2. The funds of the Foundation shall be used solely for the purposes permitted under its Articles of Incorporation. No person may benefit from expenditure unconnected with the objectives of the Foundation or from disproportionately high remuneration. The Foundation may not use its funds for the direct or indirect support or promotion of any political party.


§ 5 Assets and Funds of the Foundation

1. The assets of the Foundation shall consist of:
  • The contributions of donors as evidenced by the document establishing the Foundation;
  • Contributions to the assets of the Foundation (Zustiftungen); the acceptance of such contributions shall require the approval of the Governing Board, provided that the contribution (Zustiftung) entitles the donor to a seat on the Board or adjusts voting rights.
2. The Foundation shall fulfil its functions through:
  • Revenue generated by the assets of the Foundation;
  • Grants from the European Union, the Federal Republic of Germany and other Member States of the European Union, the State of Rhineland-Palatinate and the City of Trier;
  • Grants from other public and private institutions;
  • Fees paid by conference participants;
  • Other income, donations or contributions.

§ 6 Organs

1. The organs of the Academy of European Law in Trier shall be:
  • The Governing Board (der Rat);
  • The Board of Trustees (das Kuratorium);
  • The Executive Board (der Vorstand);
  • The Management Board (die Geschäftsführung).
2. The Members of the Governing Board, the Board of Trustees and the Executive Board shall exercise their functions on an unpaid basis; the Members of the Management Board may exercise their functions on an unpaid basis.


§ 7 The Governing Board

1. The Governing Board shall consist of one representative of each Founding Donor and of each Member State of the European Union and the applicant states, in as far they are subsequent donors in accordance with Art. 5 (1) Nr. 2, as well as a joint representative for the states of the Federal Republic of Germany. The European Parliament, the European Court of Justice, the European Commission and the state in which the Academy has its seat may each nominate a special representative to the Governing Board. The Governing Board may, by a two-thirds majority, invite additional donors as well as other institutions, which in special ways support the Academy of European Law Trier to nominate (co-opt) representatives to the Governing Board; instead of inviting several representatives of European regions, the Governing Board may invite one representative of a supraregional association.

2. The office of representative shall not be personal in nature.

3. The Governing Board shall select from its members a President and a Vice-President.

4. The Governing Board shall be empowered to act once the Founding Donors have appointed their representatives.

5. Pending the adoption of rules of procedure, which may determine otherwise, the Governing Board shall take decisions by simple majority of the representatives present.

6. Representatives of the Founding Donors, the joint representative of the states of the Federal Republic of Germany and special representatives of the European Parliament, the European Court of Justice, the European Commission and the state in which the Academy has its seat have ten votes each on the Governing Board. Representatives of subsequent donors shall be allocated one vote per tranche of 50,000 EUR ; should the total amount contributed exceed the sum of 500,000 EUR , the Governing Board shall determine by a two-thirds majority on the total number of votes to be allocated to the Donor. The number of votes allocated to co-opted members of the Governing Board shall be laid down by a two-thirds majority of existing members of the Governing Board; they shall not exceed ten votes for all coopted members. Votes allocated to a Donor or to special representatives must be cast unanimously.

7. Decisions having financial implications may be taken by the Governing Board only with the agreement of the representative of the state in which the Academy has its seat.


§ 8 Duties of the Governing Board

1. The Governing Board shall lay down the general guidelines for the activities of the Academy.

2. The Governing Board shall appoint the Members of the Board of Trustees.

3. The Governing Board shall appoint the Members of the Executive Board and the Management Board and may also dismiss them; it shall represent the Foundation vis-à-vis those Members.

4. The Governing Board shall adopt the budget and shall receive the annual accounts from the Management Board.

5. The Governing Board shall adopt rules of procedure for the Foundation; these shall determine, inter alia, the requisite quorum and decision-making procedures to be followed by the organs constituting the Foundation in so far as there are no provisions to the contrary in the present Statute.


§ 9 The Board of Trustees

1. The Board of Trustees shall advise the Executive Board and Management Board particularly with regard to the planning of the programme of events. It shall be composed of individuals who are closely involved with European law in the institutions of the European Union and within legal and economic circles, particularly in the Member States.

2. Further details shall be regulated by the rules of procedure of the Foundation.


§ 10 The Executive Board

1. The Executive Board shall consist of a number of members to be determined by the Governing Board. The members of the Executive Board are to be appointed from nationals of the member states of the European Union.

2. The Executive Board shall represent the Academy's interests at a political level, in particular vis-à-vis the European Union, the Member States and the Donors. It shall promote relations between the Academy and the institutions of the European Union with the specific aim of broadening the links between the Academy and present and future Member States.

3. The Executive Board shall act in accordance with general instructions from the Governing Board. It shall report to the Governing Board and submit proposals.


§ 11 Management Board

1. The Management Board shall consist of a Director and up to three Deputy Directors.

2. The members of the Management Board shall be appointed from nationals of the member states of the European Union.


§ 12 Duties of the Management Board

1. The Management Board shall be responsible for the day-to-day operation of the Academy of European Law Trier in accordance with the general guidelines laid down by the Governing Board. It shall assist the Executive Board to carry out its duties. Executive Board and Management Board shall coordinate their activities with each other.

2. The Management Board shall prepare the meetings of the Governing Board, shall submit proposals and shall report to the Governing Board on the activities of the Academy.

3. The Management Board shall draw up the budget and shall submit details of income and expenditure to the Governing Board.

4. For judicial and extra-judicial purposes, the Academy of European Law Trier shall be represented by the members of the Management Board. The members of the Management Board shall represent the Foundation individually.


§ 13 Amendments to the Statute

Amendments to the present Statute shall be made by the Governing Board and shall require a two-thirds majority of its Members.


§ 14 Supervision of the Foundation

The Foundation shall be subject to public supervision in accordance with the Law on Foundations of Rhineland-Palatinate (rheinland-pfälzisches Stiftungsgesetz).


§ 15 Dissolution of the Foundation

In the event that the Foundation should be dissolved or discontinued, the assets of the Academy of European Law Trier shall revert to the Donors (Founding Donors and Subsequent Donors) in proportion to the amounts donated. Assets in this sense shall be understood as meaning paid-in capital contributions and the average value of contributions donated in kind. The remaining assets of the Foundation shall be used for the purposes set out in Article 2 or, if that should not prove possible, for other non-profitmaking purposes. No decision on the use of such assets may be implemented until approval has been received from the appropriate tax authority.


 




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