BYLAWS
Consolidated bylaws
As approved by the General Assembly in Bari on 27.11.2021.
EUROPEAN LAWYERS’ UNION (U.A.E.)(1)
Non-profit association
Registered office: 9a, Cit Mont-Rose, L-8445 Steinfort, Luxembourg
Commercial Registry of Luxembourg No.
(1) In case of discrepancy, the French version shall prevail.
Article 1 – Denomination and registered office
- The Association is named “European Lawyers’ Union” (U.A.E).
- Its registered office is at 9a, Cit Mont Rose, L-8445 Steinfort, Luxembourg.
- The registered office of the Association may be moved by a decision of the Bureau, ratified by the Executive Committee.
Article 2 – Object
The object of the Association is to bring together Lawyers who are members of a Bar of the European Union, with a view to achieving a common objective to:
a) promote the professional practice of law within the European Union, as well as teaching and continuing professional development, the right of establishment and the free movement of services;
b) promote the harmonisation of legal statutes and the professional and ethical practice of lawyers of the Member States of the European Union, in order to achieve an integrated framework of the legal profession across the Union;
c) promote the practice of European Union Law and the Law derived from the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Article 3 – Categories of Members
1. The members of the Association are the persons or entities who are up to date with their membership fees and who fall in one of the following categories:
a) Active members of the Association: any member of a Bar in a State which is or has been a member of the European Union, including those who are registered as trainee lawyers with these Bars under the applicable national law, can be an active member of the Association.
b) Observer members: any Bar Association (European or otherwise), any member of a Bar Association in a State which is not or has not been a member of the European Union, and any association of lawyers, can be an observer member. Observer members do not have voting rights at general assemblies and cannot be elected to the managing bodies of the Association (Executive Committee or Bureau), nor can they chair a Commission or Delegation.
2. Persons who have made a significant contribution to the objectives of the UAE can be named honorary members of the UAE by decision of the Bureau, ratified by the Executive Committee. Honorary members are exempt from membership fees, but they do not have voting rights at general assemblies and cannot be elected to the managing bodies of the Association (Executive Committee or Bureau), nor can they chair a Commission or Delegation.
Article 4 – Management
The activities of the Association are carried out through the following bodies:
a) The General Assembly: this is the supreme body of the Association.
b) The Executive Committee, elected by the General Assembly, has the responsibility to carry out and, if necessary, interpret the decisions of the General Assembly. The Executive Committee elects the Bureau from within its members.
c) The Bureau, elected by the Executive Committee from within its members, is charged with the administration and daily management of the Association under the supervision of the Committee.
Article 5 – General Assembly
- The General Assembly is composed of the active members who are up to date with their membership fees. It determines with supreme authority the general activities, objectives and direction of the Association.
- It elects the Executive Committee.
- It is convened by the Executive Committee once a year.
- It can be convened extraordinarily as many times as required in the interests of the Association.
- Individual invitations to the General Assembly are made at least 15 days in advance by the Bureau and must be accompanied by an agenda. Invitations to the General Assembly can be sent out by any means (post, fax, email, etc.). The General Assembly meets in person or, if the circumstances so require, by videoconference.
Article 6 – Executive Committee
1. The Executive Committee is endowed with the broadest powers to ensure the mission of management and administration of the Association in all circumstances, with the exception of decisions expressly reserved for the General Assembly. In this regard, it may in particular, but without limitation:
a) Determine the guidelines and actions to achieve the goals of the Association, draft the budget and monitor its execution.
b) Set annually the amount of the membership fees and call for its payment.
c) Close the year end accounts and propose the allocation of results to the General Assembly.
d) Convene Ordinary and Extraordinary meetings of the General Assembly at least 15 days before the fixed date.
e) Monitor the application of the bylaws and draw up any regulations that may prove necessary for the proper functioning of the life of the Association.
2. The Executive Committee is composed of a minimum of 13 and a maximum of 27 elected active members, and of the honorary Presidents on the conditions provided in Article 6(13).
3. Only members who have been active for more than six months, and who are up to date with their membership fees, can be elected to the Executive Committee.
4. The Members of the Executive Committee are elected for three years by the General Assembly. Candidates to the Executive Committee must send their application directly to the Secretary-General at least 10 days before the date of the General Assembly and should be present in person, or connected to the meeting if the General Assembly meets by videoconference, save for exceptional circumstances (medical reasons, strike, etc.) which legitimacy will be considered by the Bureau, whose decision is final. The acceptance of the appointment entails the personal involvement in the running of the Association.
5. The members of the Executive Committee, whose appointment has expired, cannot put themselves forward as candidates for the following term if they have been unable to attend (in person or by video connection to the meeting, depending on its format) three consecutive meetings of the Executive Committee.
6. The Executive Committee meets at least twice a year and whenever the interests of the Association so require. It can meet in person or by videoconference.
7. The Executive Committee can also be consulted in writing (by email or any other technical means) whenever necessary.
8. The Executive Committee may create one or more Commissions focused on one area of the law composed of a president, a secretary and members of the Association.
9. Each Commission must meet at least twice a year, in principle at the Annual Congress and at the General Assembly.
10. The Executive Committee may also create one or more regional or interregional Delegations according to the same terms.
11. Each Delegation must meet at least twice a year.
12. The Executive Committee may appoint one of its members to be coordinator of the Commissions and Delegations to ensure a liaison between such Commissions and Delegations and the Committee.
13. Honorary Presidents are ex officio members of the Executive Committee insofar as they are up to date with their membership and actively participate in its activities, being subject to the same rules of attendance as elected members. Therefore, any Honorary President no longer up to date with his/her membership fees and/or who had not participated in more than consecutive 3 Executive Committee meetings would cease being an ex officio member of the Executive Committee, but would be able to be re-elected, like any other member of the Association.
Article 7 – Bureau
1. The Executive Committee designates from within its own members a Bureau, which is responsible for implementing its decisions. The Bureau is composed of a president, two vice-presidents, a secretary-general, a deputy secretary-general and a treasurer, who may be assisted by an assistant treasurer if the Executive Committee so decides upon proposal of the President.
2. Only members who have belonged to the Association for more than six months are eligible to be members of the Bureau.
3. The Bureau is elected for a term of two years.
4. If the term as member of the Executive Committee of a member of the Bureau is not renewed while his/her mandate as a member of the Bureau is in force, the Executive Committee may co-opt one of its members to replace him/her. This new member will carry out the function of the outgoing member until the end of the term of the outgoing member.
5. The outgoing President is an ex officio member of the Bureau for one year after the end of his mandate.
6. Each year following the election of the President by the Executive Committee, the Committee elects a First Vice-President, who shall automatically be appointed President at the meeting of the Executive Committee held further to the General Assembly of the following year. The candidatures should be sent at least 10 days before the date of the meeting and candidates for First Vice-President must present their candidature in person to the Executive Committee or be connected to the meeting if it is held by videoconference.
7. The Bureau presents an annual report of its activities to the General Assembly. The Bureau is responsible for examining any problems posed for the Association.
8. The President represents the Association and directs its work. The President chairs the meeting of the General Assembly and the Executive Committee. In case of impediment, the President is replaced by one of the Vice-Presidents or, if none are present, by the oldest member of the Committee.
9. The Secretary-General and the Deputy Secretary-General are responsible for drafting the Association’s documents and the minutes of the General Assembly and of the meetings of the Executive Committee.
10. The Treasurer is responsible for the collection of membership fees, the supervision of the membership lists and the bookkeeping of the Association. The Treasurer pays the expenses of the Association which have been previously approved by the President or the Secretary.
11. At the end of each financial year, the Treasurer presents the financial report to the Executive Committee.
Article 8 – Membership fees
1. The maximum annual membership fee is fixed at € 1,000.
2. The annual membership fee determined by the Executive Committee shall be paid before the end of January each year. The members of the Executive Committee and the Presidents of the Commissions and Delegations who have not paid their fees before the end of April are deemed to have automatically renounced their position.
Article 9 – Honorary Presidents and Committee of Wise Persons
1. The past presidents of the Association are designated Honorary Presidents.
2. A Committee of Wise Persons is composed of all the Honorary Presidents who are members of the Executive Committee. The Committee is especially in charge of reporting to the Executive Committee on any serious breach of the bylaws reported to it, as well as any conduct which, directly or indirectly, may adversely affect the Association. The Committee has full power to mediate in all circumstances.
Article 10 – Decision making and voting
1. Each active member who is up to date with his membership fees and who has been a Member of the Association for at least six months has the right of vote. No member can be the holder of more than two individual proxies, the validity of which will be fully examined by the Bureau of the Executive Committee.
2. The decisions of the General Assembly and of the Executive Committee are adopted by a simple majority of those present or represented.
Article 11 – Amendment of the bylaws
Amendments to the bylaws are made in compliance with the statutory provisions in force.
Article 12 – Dissolution of the Association
1. The dissolution of the Association is declared by the General Assembly convened for that purpose in accordance with the bylaws.
2. Upon the dissolution of the Association, its assets and other property will be donated to an association with a European vocation