Statutes of the association of European administrative judges from 24th of March 2000 in the version from 19th May 2006, 23rd May 2008, 7th May 2010 and 8th June 2012
The Association of European Administrative Judges (hereinafter: The Association) shall pursue the following objectives:
- to advance legal redress for individuals vis-à-vis public authority in Europe and to promote the legality of administrative acts, thereby helping Europe to grow together in freedom and justice,
- to respect the legal cultures in the various Member States of the European Union and the Council of Europe on the way towards attaining this objective,
- to help broaden the knowledge of legal redress in administrative matters among administrative judges in Europe, and for this purpose, to have an intensive exchange of information on pertinent legislation and case law,
- to strengthen the position of administrative judges in Europe which is growing together, and
- to promote the professional interests of administrative judges at national and European level.
The association shall pursue these objectives in particular by:
- defending the interests of European administrative judges vis-à-vis the institutions of the European Union and the Council of Europe
- holding meetings of administrative judges
- publishing a newsletter for members of the Association.
The Association is a European apex organisation in which national associations of administrative judges from Member States of the European Union and the Council of Europe can become members.
If national associations of administrative judges don’t exist in a given country, an option is open between admission of organisations including ordinary as well as administrative judges and admission of individuals, providing that they are entrusted with the responsibilities of an administrative judge.
In each country where individual members join the Association, these shall appoint from amongst their midst, if need be, one person authorised to receive communications, one person authorised to exercise the right to vote, and one person responsible for the payment of membership dues.
Supranational associations of administrative judges shall be able/allowed to join the Association as associated members without a right to vote. Administrative Judges from countries where an association has already become member and individual academic lawyers, who are not administrative judges, may join the Association as observers without a right to vote.
Irrespective of the actual designation used in a given country to describe the function, an administrative judge-as defined for the purpose of this provision-shall be any person who has been appointed as an independent judge to ensure the legality of administrative acts and to review decisions taken by public authority.
Initially, the Association ‘s membership shall be composed of the founding members. New members shall be admitted by the Association’s General Assembly upon application.
In the case of individual members as described in paragraph (2) above, their membership shall cease when they establish an independent national association as described in paragraph (1) above or when they are expelled from the Association.
By means of a resolution of the General Assembly stating the reasons in writing, members may be expelled from the Association if their conduct causes injury to the Association’s interests or if they fail to pay their membership dues over a period of 3 years, despite written demands for payment and one subsequent warning that they will be expelled.Art.3: Executive bodies of the Association
The Association shall have two executive bodies: the General Assembly(Art.4) and the Board (Art.5).
Art.4: General Assembly
The General Assembly shall be composed of all voting members. Associated members shall have the right to attend and to speak at General Assembly meetings.
The General Assembly shall meet in ordinary session if possible every year, at least once every two years, and it shall meet in extraordinary session if this is requested by the board or third of the countries represented by members in the Association. At least one month before the date of the meeting, members shall receive the invitation to attend the meeting, accompanied by the agenda. Each country shall be entitled to request in writing that further items be added to the agenda until a fortnight before the date of the meeting at the latest.
Each member shall send one representative to the General Assembly; however, this representative may not be a member of the Board.
The General Assembly shall have a quorum if the majority of the home countries of members are represented.
In the absence of a quorum, the General Assembly shall meet again on the morning of the following day and shall then have a quorum even if the majority of its members are not present.
Each member shall have one vote. If several members come from the same European country, this country shall have one vote only; the members based in this country shall agree amongst themselves who will exercise the vote. Should the members concerned fail to come to an agreement, this shall be considered to be tantamount to an abstention. Members shall lose their right to vote if they are in arrears with the payment of all or part of their membership dues for over one calendar year; if there are several members from the same European country, they shall lose their right to vote if the membership dues for this country(Art.7(2)) is not fully paid for a period of over one calendar year.
The General Assembly is responsible for all matters which have not been assigned to the Board. The General Assembly’s responsibilities include in particular the adoption of resolutions to amend the statutes, the election and supervision of the Board, the fixing of membership dues, the election of two examiners of the cash balance, and the dissolution of the Association.
Resolutions of the General Assembly shall be adopted by simple majority. Resolutions to amend the statutes or to dissolve the Association shall require a two-thirds majority. The minutes of the General Assembly have to be protocoled and signed by its chair.
A representative of the European Commission and of the Council of Europe may attend the general assembly in an observer capacity, as well as, subject to its approval, other international jurist associations.
The board shall be composed of the President and two Vice-Presidents. The members of the Board shall be nationals of different Member States of the European Union or the Council of Europe. Before each new election of the Board, the General Assembly can resolve that the Board shall be composed of up two additional members, which the General Assembly can appoint as Vice-Presidents.
Board members shall be elected for a period of two years. They shall be eligible up to four reelections. New board members can be elected for the next or the next but one period in advance.The Board shall meet as required, however, at least once a year.
The Board shall have a quorum if over half of its members are present. Board resolutions shall require the majority of the members present. In urgent cases, resolutions supported by a majority of the Board members can also be adopted by circulating e-mails, fax transmissions, regular mail or by similar possible means.
The Board shall take decisions on all matters whose resolution cannot be postponed until the next meeting of the General Assembly.
The President shall execute the resolutions of the General Assembly and of the Board and deal with the Association’s day-to-day business. The President shall convene and chair the meetings of the General Assembly and of the Board.
The Board nominates a treasurer.
The board is allowed to nominate a general secretary who helps the board to perform its duties.
The association is represented according to Art. 26 BGB by its president alone or by one of its Vice-Presidents. Moreover, the respective President of the Administrative Court of Trier is empowered to do notifications to the "Vereinsregister".
Art.7: Assets of the association
The assets of the association shall comprise:
- Membership dues;
- donations and subsidies as may be made by member associations or by any public authority, and in particular by any European union authority, provided that it will be accepted by the board;
Returns resulting from association’s activities.
The Association shall collect annual membership dues. Payment of the membership contributions shall be due on 31st January of the current calendar year ; for new members on 31st January of the following year of admission.
The amount of the membership due shall be the same for all countries. However, the general assembly can empower the board to fix lower contributions for particular members. If several members come from the same country, they shall divide up amongst themselves the amount due from this country.
Art. 8: Financial year
The financial year runs form 1st January to 31st December.
Art.9: Seat and legal status of the Association
The seat of the Association shall be located to the academy of European law, 4, Metzer Allee, Trier (Federal Republic of Germany).
The association shall be subject to german law.
The association shall be registered into the german ”Vereinsregister”.
Art.10: Foundation and entry into force
The Association was founded on 24th of March 2000 in Trier. The statutes with the last amendments were adopted in the General Assembly on 23rd of May 2008 in Bari, on 7th of May 2010 in Freiburg and altered on 8th June 2012 in Lisbon.