ARTICLE 1 Legal form - Corporate purpose - Headquarters – Term – Legal name
The Trade Union Association EXPERT’S EUROPEAN COLLEGE OF SEAS AND called in the following: The Association, is a union association of general interest, with a social,cultural, scientific and economic nature, whose basis is to be found in the Preamble of the 1946 Constitution, which is referring to the constitution of 1958, and which sets “All persons are entitled to defend their rights and interests through trade union activities and to join the trade union of their choice”.
It is linked to Article L 411-2 of French Labour Code It is governed by Articles L 411 of French Labour Code, as well as memorandas of 25.08.1884 (JO of 30/08/1884) and number 45-68 of 25/11/1968 (BO / TEM N° 45-68).
The Association has for purpose: to bring together in an institutional framework EXPERTS from all disciplines and specialties related to maritime and river areas or related to ancillary function. ensure representation of MARITIME EXPERTS, first, and EXPERTS in general, to defend and support members in various forms in the European ethical framework, to answer to requests for amicable legal expertise or advice and consultation, which would be made by legal or natural persons. to establish among its members technical contacts to give to reports the maximum of value and objectivity. to provide training of EXPERTS by all means available, external and internal, to benefit to the largest number of people about the existence and influence of the College and the association of its experts.
The various elements of the object, defined above, being mentioned for information only. The HEADQUARTERS of the UNION ASSOCIATION UNION is located 16 place du Général De Gaulle 13001 Marseille. TERM of the association is UNLIMITED.
ARTICLE 2 Members - Membership - Resignation - Striking off
The Association is composed of, but not limited to: - Active members, experts included on a list of Court of Appeal or Highest Courts of Appeal or Administrative Tribunal; - Full members, experts recognized as such by the COLLEGE and consider suitable for inclusion in a judicial or institutional list; - Associate members, natural or legal persons, up to date with their subscriptions, which contribute to the development and influence of the COLLEGE; - Individual members, called to various functions by the executive board of the COLLEGE title which must then be ratified the General Assembly of the College. Their specificity is specified in the deliberation taken by the Executive Board at the time of their appointment. They are exempt from dues; - Honorary members who have particularly contributed to the influence and development of the Association; they are exempt from dues; - Honorary members, adjective always attached to a title and a function performed in the association by one of its active members who served for several years and with self-abnegation recognized by General Assembly of the Association, a responsible position in the office, or at the very least to Executive Board. These members are given an honorary rank title in the following form: Honorary President (Vice President, Treasurer, Administrator, …). - other categories of members can be created as needed without it being necessary to modify these statutes, a simple decision of the Executive Board is enough, the creation of these others categories is statutorily the responsibility of the council.
The membership in the association is made by application to the Executive Board which decides on this one as the final ruling instance and without having to justify its decision. He explained to the applicant as the case elements that he needs to form his opinion.
Upon acceptance, the member is liable for the entrance fee and for current year's contribution. Membership is lost by resignation requested by registered letter with acknowledgment of receipt addressed to the board of directors of the association, this resignation, accepted by the Council, takes effect only after payment of all amounts owed to the association, including current and prior contributions and that until 31 December following the effective date of account's clearance.
Membership is also lost by non-payment of fees for one year at least, that non-payment worth resignation letter. The rest of the procedure settles, as provided, in paragraph above. Membership is lost by radiation pronounced by the Council after hearing the member in closed consultation , in council meeting, after summons sent by registered letter with acknowledgment of receipt, sent at least one month before the meeting. The decision of council is irrevocable and is not to be formally justified. It is transactional settlement agreement between the parties. The accounts settle as planned above. The person, subject of this measure, can be assisted by a person of his choice, member of the college updated of his contributions. Adherence to these statutes is is tantamount to acceptance of the current text of this article.
ARTICLE 3 RESSOURCES - civil liability
The resources of the association consist of :
- contribution and donations from its members;
- donations and subventions received;
- outstanding contributions;
- amounts received in exchange for services provided by the association;
- the income of its own property;
- all others resources authorized by law.
The association's assets shall be its sole guarantee against commitments undertaken on its behalf or by its statutory or mandated representations, sentences that are pronounced against it, without any of its members may be held personally responsible, even those who take part in its administration, except in case of gross negligence.
ARTICLE 4 Administration - Operation.
The Association is administered by an Executive Board composed of members elected by the general assembly and by elected members - or temporarily co-opted - by the council.
The General Assembly elects, among the full members, from 6 to 14 directors, presented in closed party lists, the council in the person of its general secretary or president, at least 5 days before the general assembly's meeting. Regional groupings, established by the executive board as necessary, in certain localisations in the planet, composed of active members and holders settled in these aras, shall elect a "regional chairman" from among their membres, as soon as their population is at least equal to six membres.
Otherwise, the directors's board co-opts for a transitional period this regional president and his assistants until the regional life became dense enough to allow the election itself.
The Regional Presidents are ex officio members of director's board.
The council freely and sovereignly delineates borders of different régions.
The Council shall freely choose its president, its vice-presidents, general secretaries and treasurers which together constitute the association office. It also provides all other positions that seem necessary at the moment.
Similarly, it terminates a particular mandate which himself, has provided.
The term of mandates may not exceed three years and they are all renewable, the mandate of the President shall not be renewed more than once unless resolution setting of the general assembly for each additional renewal.
The Council, and by tacit delegation of the councilthe Office, outside the meetings of the council, administers the association.
He gets to do this a wider delegation of the general assembly for the benefit of the council and as well as its President. The President is alone authorized to commit the association, to be its representative, even in court, without it being necessary special and-or specific mandate. The Secretary and the Treasurer each receive tacit mandate from the President for their own expenses for records management and mail one hand, and finance staffs on the other hand.
The Council meets at least twice a year. If more frequent meetings are necessary, the president or the secretary are authorized to organize and fix the agenda. Otherwise, one quarter of the board members decide together a meeting and its purpose.
The General Assembly meets at least once a year at the request of the President or the Secretary. Its agenda is set by the executive board and can not be derogated without the approval of the Council.
The Office is authorized to give to the President a mandate to acquire properties, to alienate them, dispose of them, grant securities on these properties.
ARTICLE 5 Various dispositions.
As required, except to follow the requirements of the law and jurisprudence, the Executive Board is authorized to take the necessary decisions to provide for new and not provided situations by the statutes, it shall report to the first General Assembly to be held.
The President can delegate and give all mandates, these mandates and delegations remain valid for three months following the end of the President's term in order to allow the continuity of actions and life of the Association, except that these are canceled by his successor before the end of this period of three months.
ARTICLE 6 Rules of procedure
Rules of procedure of the College may be established by the President, if he considers it useful, and submitted for approval of the executive board. It would complement these statutes.
It enters into force upon its approval, without waiting ratification by the next General Assembly to be held.