Statutes
You will find below the up-to-date English version of the AEAJ Statutes, adopted the 24 March 2000 in Trier and lastly modified the 12 May 2023 in Versailles.
The original legally binding version of the AEAJ Statutes is in German. Click here to download the original German version.
Art. 1: Objectives
1) The Association of European Administrative Judges
(hereinafter: The Association) pursues the following objectives:
- to promote the legal protection of individuals against
public authorities and the legality of administrative action in Europe, thereby
contributing to the integration of Europe in freedom and justice,
- in achieving this goal, to respect the legal cultures
of the Member States of the European Union and the Council of Europe,
- to contribute to expanding the knowledge of European
administrative judges about legal protection in administrative law disputes in
Europe and, to this end, to exchange information on legislation and case-law in
this field,
- to strengthen the position of administrative judges in
an ever closer Europe and to promote their professional interests at national
and European level.
(2) The Association shall pursue these objectives in
particular by:
1. representing the interests of European
administrative judges to the institutions of the European Union and the Council
of Europe,
2. holding meetings of administrative judges,
3. publishing a newsletter.
Art. 2: Membership
(1) 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.
(2) If there is no national association of
administrative judges in a particular country, a choice is open between
admitting organisations representing judges from ordinary courts as well as
from administrative courts, and admitting individuals entrusted with the duties
of an administrative judge.
(3) 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.
(4) Supranational associations of administrative judges
shall be able to join the Association as associated members without the
right to vote. Administrative judges from countries where an association is
already a member and legal academics, who are not administrative judges, may
join the Association as observers without a right to vote.
(5) For the purposes of this provision, an
administrative judge is, irrespective of its actual designation at the national
level, any person who has been appointed as an independent judge to ensure the
legality of administrative acts and to review the decisions taken by public
authorities.
(6) The initial membership of the Association is
composed of the founding members. New members are admitted by the General Assembly upon application.
(7) The membership of individual members in the
meaning of paragraph (2) shall cease upon the establishment of an independent
national association in the meaning of paragraph (1) or by exclusion from the
Association.
(8) Members shall be expelled by a reasoned resolution
of the General Assembly on account of conduct detrimental to the Association or
on account of non-payment of membership fees for a period of 3 years, despite
written reminder and subsequent warning on expulsion.
Art. 3: Organs
The organs of the Association are the General Assembly
(Art. 4) and the Board (Art. 5).
Art. 4: General Assembly
(1) The General Assembly consists of all voting
members. Associate members have the right to attend and speak.
(2) The General Assembly shall have an ordinary
meeting if possible every year, at least once every two years, and it shall
meet for an extraordinary meeting if this is requested by the Board or one
third of the countries represented by members of the Association. At least one
month before the start of the meeting, members shall receive the invitation to
attend the meeting, accompanied by the agenda. The letter of invitation and the
agenda shall be deemed to have been received by the member if they were addressed
to the last address known to the Association. Each country is entitled to
submit by written request new items to be added to the agenda until a fortnight
before the start of the meeting at the latest.
(3) Each member shall send one representative to the
General Assembly; however, this representative may not be a member of the
Board. Members may transfer their right to vote to another member or to the
General Secretary by written proxy.
(4) The General Assembly shall have a quorum if it has
been duly convened.
(5) Each member has one vote. If several members come
from the same European country, this country has only one vote; the exercise of
which the members from that country should agree upon. Should the members
concerned fail to come to an agreement, this shall be treated as an abstention
by that country. Members shall lose their right to vote if they are in arrears
with the payment of all or part of their membership fees 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 fees for this country (Art. 7(2))
are not fully paid for a period exceeding one calendar year.
(6) The General Assembly is responsible for all
matters which have not been assigned to the Board. The General Assembly
responsibilities include in particular the adoption of resolutions to amend the
statutes, the election and the control of the Board, the setting of membership
fees, the election of two financial auditors, and the dissolution of the
Association. Resolutions of the General Assembly are passed by simple majority.
Amendments to the Statutes and the dissolution the Association require a two-thirds
majority. The minutes of the General Assembly have to be protocoled and must be
signed by its chair.
(7) A representative of the European Commission and of
the Council of Europe may attend the General Assembly as an observer, as well
as other international jurist associations if this is approved.
Art.5: Board
(1) 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 election of the Board, the General Assembly
may decide that the Board shall include up to two additional members, which the
General Assembly may appoint as Vice-Presidents.
(2) Board members are elected for a term of two years.
They remain in office until a new Board member is elected. Re-election is
permitted up to four times. New Board members may be elected for the next or
the following term. The Board shall meet as needed, but at least once a year.
(3) The Board shall have a quorum if over half of its
members are present. Board resolutions (shall) require a majority of the
members present.
(4) In urgent cases, if supported by a majority of the
Board members, resolutions can also be adopted by circulating e-mails, fax
transmissions, regular mail or (by) similar (possible) means.
(5) The Board shall take decisions on all matters
which cannot be postponed until the next meeting of the General Assembly.
(6) The President shall execute the resolutions of the
General Assembly and the Board and deal with day-to-day business of the
Association. The President shall convene and chair the meetings of the General
Assembly and (of )the Board.
(7) The Board nominates a Treasurer.
(8) The Board may appoint a General Secretary to
assist it in carrying out its tasks.
Art. 6: Representation
The association is represented according to Art. 26 BGB
(German Civil Code) 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: Financial resources of the Association
(1) The financial resources of the Association are:
- membership fees;
- donations and subsidies from member associations or
any public authority, and in particular any European Union authority, provided
that it will be accepted by the Board;
- income
resulting from association's activities.
(2) The Association shall collect annual membership
fees. Payment is due on 31 January of the current calendar year; for new
members, on 31 January of the year following their admission.
(3) The membership fees are the same for all
countries. However, the General Assembly may authorize the Board to set lower
fees for certain members. If several members come from the same country, they
shall divide the contribution for that country among themselves.
Art. 8: Financial Year
The financial year runs from 1 January to 31 December.
Art. 9: Seat and Legal Status of the Association
(1) The seat of the Association is located at the
Academy of European Law (German: Europäische Rechtsakademie, ERA), 4,
Metzer Allee, Trier (Federal Republic of Germany).
(2) The association is established under German law.
(3) The association shall be entered in the German
registry of associations (Vereinsregister).
Art. 10: Foundation and Entry into Force
The Association was founded on 24 March 2000 in Trier.
The last modifications to the Statutes were adopted by the General Assembly on
23 May 2008 in Bari, on 7 May 2010 in Freiburg, on 8 June 2012 in Lisbon, on 15
October 2021 in Lyon and on 12 May 2023 in Versailles.