1. Name
The association will have the name:
‘European Association of Lawyers for Democracy and Human Rights in the World’ ELDH
2. Objectives of the Association
2.1. The Association has the following objectives:
a. The promotion
· of peace, of disarmament, and of understanding between the peoples
· protection of environment
· the fight against racism and fascism
· the equal entitlement of women and men
· respect for the rights of children;
b. The fight against all discrimination especially on grounds of ethnicity, religious or other convictions, age, sexual orientation or personal lifestyle;
c. The realisation of human rights and democracy in their political, economic and social aspects within and outside Europe; to this end the formation of new economic relations shall be promoted, based on justice and on better guarantees for the independence of the legal process;
d. Assisting the progress of democracy within the different European institutions; for this purpose a European Charter of Fundamental Rights shall be drawn up, which should be binding on all legal process within Europe;
2.2. The objectives of the Association shall be realized through:
a. Academic and other international and also national events in accordance with the Association’s objectives;
b. Formulating draft legal instruments in order to influence (within the ambit of the Association’s objectives) the development of law and democracy in the States of Europe and the European institutions, as well as in the other regions of the world;
c. The development of relations between European lawyers as well as between lawyers of other continents and their organizations, and the development of relations with the INTERNATIONAL ASSOCIATION OF DEMOCRATIC LAWYERS and other national and international organizations which have as their goal the defense of human rights;
d. Support for concrete projects in other regions of the world with a view to the development and the progress of democratic and law-governed relations, in cooperation with the lawyers of the countries concerned;
e. Solidarity support for all victims of violations of human and peoples rights;
f. Support for measures through the States of Europe and through the EC for the creation of conditions for the migratory movements of the world which accord with human dignity.
2.3. The association is disinterested. It does not pursue its own economic goals, is non-profit-making and does not charge for its services.
3. Membership
3.1. Membership of the Association is open to all associations of lawyers of European countries which recognize the Association’s constitution and want to participate in the realization of its goals. Individual membership of lawyers from European countries is admitted under the conditions set out Clause 5. The declaration of membership must be in writing.
3.2. The Executive Committee will examine and decide upon membership applications until the next General Assembly, which may confirm the decision.
3.3. Membership will end:
a. By resignation, which must at the latest be announced 3 month before the end of the calendar year;
b. by expulsion for activities which are in opposition to the aims of the Association or in some other way violate the Rules of the Association, which question will be decided by the General Assembly upon the motion of the Executive Committee;
c. By expulsion for non-payment of membership fees, to be decided by the Executive Committee on a simple majority if the member concerned persists in non-payment after two months (and a written request setting out also the consequences of non-payment).
4. Income of the Association
4.1. The income of the Association will compromise membership fees, donations and other contributions.
4.2. The income of the Association is not permitted to be used other than for the realization of its constitutional aims. Members will not receive any reimbursement form the income of the Association.
No person may benefit from money from the Association which is not spent for the aims of the Association, nor from unjustified expenses. In particular, outgoings and expenses are not to exceed actual costs.
4.3. Membership fees are to be set by the Assembly, which will establish the framework in which these are to be paid.
4.4. At a termination of membership, there will be no reimbursement of membership fees, donations or contributions.
4.5. The business year will be the calendar year.
5. Organs of the Association
a. General Assembly
The General Assembly shall meet at least every two years. It may also meet in the form of a video conference. It shall be convened by the Executive Board within the meaning of § 6 of the Statutes with a 4-week notification period, stating the agenda, by written invitation or in another text form. It decides on applications for membership. It has the following tasks in particular:
· elections and dissolutions of the Executive Committee (including the 2 Co-Presidents and the 2 Co-Secretary-Generals);
· adoption of principal objectives and activities of the Association;
· modifications of the Constitution;
· adoption of methods and regulations concerning payment of membership fees.
decisions on the expulsion of members, where the Executive Committee cannot decide by itself.
At the General Assembly, the associations will be grouped by nationality. Each one of these group members will have the same number of votes. Other members will have only a right of participation and of speech.
Except for modifications of the Constitution, decisions will be taken by a simple majority of members present who have the right to vote. For adoption of an amendment to the Constitution, a majority of three quarters of voting members who are present is necessary.
The General Assembly will be convoked automatically at the request of a third of its members.
b. Executive Committee
The Executive Committee will consist of a minimum of ten members elected by the General Assembly, including two Co-Presidents and two Co-Secretary Generals of different gender. In case there are no candidates of different gender, there will be 1 President and/or 1 Secretary General..
In particular, it will have the following functions:
· Convocation of the General Assembly;
· Establishing a programme of activities;
· Deciding upon the annual budget;
· Deciding upon membership applications and terminations of membership until the General Assembly has made its decision.
The executive Committee will meet at least once a year.
c. Bureau
The Executive Committee appoints the Bureau from among its members, including the Co-Secretary Generals. The Bureau is responsible for the day to day affairs in the context of decisions taken by the Executive Committee.
In case of disagreement between them, the Executive Committee shall decide.
6. Legal Representation
The Association can be legally represented by each Co-President or by each Co-Secretary General.
Each of them shall be the Executive Director within the meaning of Section 26 of the German Civil Code (BGB). They are also solely responsible for applications to the register of associations.
7. Advisory Council
The Executive Committee may form an Advisory Council, which can be of elected lawyers who have shown particular merit in the progress of democracy and the defense of human rights. The members of the Advisory Council will advise the Executive Committee on its programme of activities.
8. Dissolution of the Association
The dissolution of the Association may only be decided upon by a General Assembly which has been convoked in accordance with the proper procedure of the Association, and by a majority of three quarters of the members present with a right to vote.
If there is to be a liquidation, the liquidators are to be the members of the representative bodies of the Association. The decision of liquidation regulates also the use of the assets of the Association. In case of liquidation or in case of removal of the objectives of general interest, the assets of the Association are to be used by the holders of the assets exclusively and immediately for objectives of general interest within the meaning of this statute. Decisions concerning the assets may not be made except with the agreement of the relevant statutory finance bodies.
9. Commencement
The Constitution will come into effect upon its adoption by the founding General Assembly
10.
The Executive Committee may amend the Constitution if this is a purely administrative modification.
11.
11.1.The seat of the Association will be Düsseldorf.
11.2. The Association pursues exclusively and directly goals which are scientific and in the public interest, in conformity with the German fiscal law.
11.3. The Association will be recognized by the financial authorities as being of common interest within the meaning of paragraphs 51 A.O. 1977 and as worthy of support within the meaning of paragraph 10b ESTG.
29 May 2021