Law No. 206 of 11 November 1998 approving the Ombudsman institution affiliation to the International Ombudsman Institute and the Institute of the Ombudsman to the European PARLIAMENT for the ISSUING, published in Official Gazette No. 445 23 November 1998, the Parliament of Romania adopts this law.
Article 1 shall approve the affiliation of the Ombudsman institution, as a full member at the International Ombudsman Institute, based in Alberta, Canada, and the European Ombudsman Institute, based in Innsbruck, Austria.
Article 2 the amounts needed to pay annual contributions to these organizations ensure that the budget of the Ombudsman institution.
This law was adopted by the Senate at its meeting on 29 September 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT PETRE ROMAN this law was adopted by the Chamber of deputies at its meeting on 12 October 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, ANDREI CHILIMAN INTERNATIONAL OMBUDSMAN INSTITUTE STATUS-passed in November 1992 to October 1996-fined-1. Name name of the Association is "International Ombudsman Institute" (I.I.O.).
2. The seat of the Association is located at the Law Center at the University of Alberta, 111-88-th Street and Taft Avenue, Edmonton, Alberta. The Association may establish and other branches or agencies in Canada or abroad, depending on the necessities, by decision of the Board of Directors.
3. the stamp of the Association the Association's Stamp will be in the form determined by the Board and will bear the name of the Association, entered the year of its establishment, as well as the words "Incorporated-Canada".
3A. The official languages English, French and Spanish, as well as any other language that the Board considered necessary to promote the goals of the Association and its members ' interests will be the official languages used in progressively by I.I.O. for the conduct of its activities, including current operations as well as for publications.
4. Goals the goals of the Association are: to promote the concept of ombudsman) and his institution, as well as encouraging its development throughout the world;
b) development and implementation of programs that allow for the exchange of information and experience between ombudsmen throughout the world;
c) development and implementation of educational programs for the Ombudsman, for their staff and for other interested persons;
(d) encourage and support research) and studies in the field of the Ombudsman institution;
e) collection, storage and dissemination of information and research data about the institution of the Ombudsman;
f) granting scholarships, University scholarships, grants and other forms of financial support for people around the world in order to encourage the development of the concept of the ombudsman, as well as to encourage the study of and research into the institution of the Ombudsman;
g) planning, organizing and supervising the international conferences of the Ombudsman;
h) initiating other actions considered necessary to achieve the objectives above.
5. membership of the Association has five) categories of members: voting members, associate members, honorary members, life member libraries and individual members.
b) member with voting rights is an institution represented by the person holding the position of ombudsman, whatever name it carries (Parliamentary Commissioner or any other name), called or chosen under an act of the legislature, including a human rights agency or an ombudsman with unique specialization, whose role consists in: (i) investigation of complaints addressed by any person or group of persons in respect of a decision or a recommendation with an act or omission committed in matters of administration by a public servant, an employee or by a member or a Committee belonging to an organ located under its jurisdiction;
() to investigate complaints against government departments and agencies or cvasiguvernamentale;
(iii) that, in the wake of the investigations carried out, to make recommendations to the organs under its jurisdiction;
(iv) the exercise of a legislative function in addition to the official or on his behalf, acting independently of organs under its jurisdiction;
(v) submission of reports in front of the legislature, either directly or through a Minister, on the results of its activities or with respect to any specific problem resulting from the investigations carried out, but shall not include the person or institution with a unique specialization (vi) has under its jurisdiction by both public agencies and private bodies or lies within the competence of a member with voting rights , unless the Board gives its approval in this regard, according to art. 5 g).
B1) rights and duties of the members with voting rights: (i) the voting members have the right to participate in the overall activity of I.I.O. both at regional and international levels;
(them) where a member with voting rights shall be considered infringed his rights, he may complain to the Board of Directors, and where it is dissatisfied with the decision he may attack at the first ordinary meeting of the members entitled to vote;
(iii) in the implementation of any activities related to I.I.O. purposes, members with voting rights must comply with the I.I.O. status, professional and nonpartisan character of I.I.O. goals, fulfilling his activity without unreasonable expense and without administrative fees.
c) associate members are individuals or agencies concerned or involved in the activities of the ombudsman-type, which are not eligible for membership with voting rights (organizations or agencies such as libraries, universities, government departments, as well as those who may be excluded in accordance with article 5 (b)), item (vi).
d) honorary members may be appointed for life by the Board from among persons who have made outstanding services or the Office of ethics ombudsman.
e) libraries can become members and are entitled to receive I.I.O. 's publications
f) individual members individuals who cannot benefit from membership with voting rights or those forming part of an institution's ombudsman apparatus and are interested in the activities of the ombudsman can become members and are entitled to receive the publications of the Association. The institution that hosts the next International Conference of the Ombudsman has the right to decide in relation to inviting individual members at this Conference. The host institution will establish fees for participation in the Conference.
g) classification of Affiliate Commission members named by the Board of Directors to decide on requests to join as a member. In the event of a dispute in relation to the category of membership to which he is entitled shall be the candidate who makes application for membership, the Board of Directors shall have jurisdiction for the resolution of the appeal. The candidate has the right to attack the judgment during the meeting of the members referred to in article 1. 7) art. 7 (b)), to which members have the right to decide by voting on the amendment of the criteria for any category of membership, in which case you cannot change the candidacy and classification.
h) voting Members, associate members and honorary members on their lives will be invited from all of the Ombudsman's international conferences sponsored by the Association. Fees will be determined by the host institution, together with the Board of Directors.
I) withdrawal of membership Any member may withdraw at any time, by written notice addressed to the Board of Directors. The Board of Directors may withdraw the membership person who fails to maintain the required standards status.
6. The Board of Directors of the Association and Heritage activities) are managed by the Board of Directors.
b) Board of Directors is composed of: (1) one member appointed by the University of Alberta, in collaboration with the Faculty of law of the University of Alberta, Edmonton, Alberta;
(2) a member of the institution that will host the next International Conference of the Ombudsman;
(3) each 3 or 4 members elected from each region on the basis of the following criteria:-a maximum of 3 members, when the number of members with voting rights is less than 30;
-maximum 4 members, when the number of members with voting rights is 30 or higher.
c) Regions are recognized as follows: sub-Saharan Africa;
-Australia and the Pacific;
-Latin America and Caribbean;
-any other region established by the Board of Directors.
d) (1) the term of Office of Directors shall not exceed four years, unless his re-election, according to rules adopted by the respective region;
(2) any place vacant in a region will be completed as soon as the respective region, according to the rules adopted by it;
(3) the persons named in article 9. 6 b) (1) to (3) must submit their agreement to the Executive Secretary;
(4) a director may be removed from Office by the vote of the members with voting rights in the region.
e) Director whose term expires during the annual or special meetings will remain in Office until its conclusion.
f) directors who are acting in this quality may exercise all the powers of the Association, except those intended to be exercised by the members entitled to vote at meetings, in accordance with Canadian law of associations ("Canada Corporations Act"), or with these terms of reference. However, in their capacity of members with voting rights, the directors may exercise all the powers of the Association, conferred by the Canadian law of associations ("Canada Corporations Act") or the present Statute, to be exercised by the members entitled to vote at their meetings.
g) directors have the following duties: (1) to authorize the expenditure incurred on behalf of periodically the Association and to delegate, by the resolution of one or more officials of the Association, the right to make employment and pay salaries to employees;
(2) to carry out in furtherance of the objectives of the expenditure of the Association;
(3) to enter into a contract of trust "with a corresponding fiduciary company, for the purpose of creating a Trust Fund for capital and interest over which the Association may dispose in their own interest;
(4) require the ratification on the part of the majority of the members with voting rights (the periodic meetings held once in four years or in the interval between meetings, through correspondence, vote once a year) in the case of proposals amending the contributions for members with voting rights or for associate membership in the next financial year. However, in the interval between meetings of the voting members, the Board of Directors may fix a fee for a certain category of members, under such conditions as to ensure differentiation between paying members;
(5) to authorize the Member of a political party affiliations as a candidate who meets the conditions of membership even in a situation where it could not pay the membership fee; He may be granted a partial or total exemption from payment of the subscription fee, by decision of the Executive Committee, in accordance with article 5. 10 h).
h) Board of Directors will take such action as it considers necessary to give the Association an opportunity to receive donations and benefits in order to achieve its objectives.
I) periodically, the Board of Directors will be able to: (1) obtain sums of money on the loan amount and the I.I.O., on the conditions it considers appropriate, by obtaining loans, advances, through the issuance of cheques or by other means;
(2) to issue bonds or other securities of I.I.O.;
(3) to pledge or sell such debentures or other securities for the amounts and prices that you consider suitable;
(4) to establish any form of pledge, mortgage or other assurances of any property, movable or immovable, of any real or personal rights or obligations, present or future, in whole or in part, in I.I.O., to guarantee all the other titles of the bonds I.I.O. times or any amounts contracted loan times obligations, present or future , of the Association;
(5) to delegate the powers above, in whole or in part, one or more officials of the time of one or more I.I.O. on directors the Board of Directors may appoint for that purpose, to the extent and in the manner determined by the Board of Directors.
j) Directors shall not be remunerated for their services, but may receive consideration corresponding to the costs of participation in the annual meetings or to those of the Board of Directors, pursuant to its resolution.
If the President, Vice President or any Vice President regional cannot fulfil their functions as a result of the lack of funds necessary for the institution's own budget, to cover the costs of transportation, accommodation, subsistence and other expenses in relation to exercising the functions of President, Vice President or Vice President, the Board of Directors may authorize the granting of a reasonable allowance for the amount of expenses that the Board considered necessary.
7. Meetings of voting members and directors of the regular Meeting of the members) voting will be organized on the occasion of each International Ombudsman Conference. In years when there are these international conferences, members with voting rights will give the powers of representation of the Governing Board, on the basis of a written examination, which delegates will be submitted to the Executive Secretary.
(b) Special Meetings of members) with the right to vote may be convened whenever the Board considers necessary, on its own initiative or at the request in writing of at least one quarter of the members with voting rights.
c) immediately after each meeting of the members with voting right, the Board of Directors will meet for organizational problems, election officials and representatives to agree on other measures.
d) Board of Directors will meet on an annual basis, within and between regular meetings of the members with voting rights, in a place in Canada or abroad, to be determined by it. For meetings organized abroad is required the written consent of the Board of Directors, which shall be submitted to the Executive Secretary.
(e) Special Meetings of the Council) directory will be convened by the Executive Secretary, at the request of the President, the Vice President or at least one fourth of the number of Directors, expressed in writing. They will take place at the date, time and place set out in the notice convening it.
f) each Member with voting rights or, where appropriate, each director will receive written notice of the date and the venue of the forthcoming meetings of the members with voting rights or, where appropriate, of Directors at least 30 days before the date thereof, unless the meet directors, in accordance with paragraph (c) above).
g) at every meeting of the members with voting rights or, as the case may be, the Board of Directors, will be chaired by the Chairman or, in his absence, by the Vice-Chairman or, in their absence, a Chairman of the meeting elected a majority of the votes cast by the members present or, where appropriate, by the Board of Directors. The secretariat will be provided by the Executive Secretary or, failing him, by a person appointed by the Chairman of the meeting.
(h)) at meetings of the voting members may participate in several ombudsmen from a single institution, although votes are spread across institutions; in this case however, the institution that will have one vote.
8. Officials of the Association) officials Association are the President, Vice-President, Executive Secretary, Treasurer, and other officials on the Board of Directors shall establish periodically by resolution. Officials will be individuals with full capacity of exercise.
b) official representatives of the Association, with the exception of the Executive Secretary will be elected at the annual meeting of the Board of Directors. Official representative's term of office begins on a date with the conclusion of the meeting at which he was elected and shall cease at the end of the meeting at which it was designated his successor.
c) the Board of Directors may dismiss any official representative, official, employee or trustee elected or appointed by it, whenever it deems this is in the interest of the Association, without violating the measure of dismissal but any rights provided for by contract in favour of the person destituite.
d) Board of Directors has the right to fill any vacancy, for any function, regardless of the reasons that have led to this situation.
e) Board of Directors will appoint an Executive Secretary, whose duties shall be determined by the Board of directors by resolution.
Conditions of employment in the post of the Executive Secretary are approved by the Board of Directors, on the recommendation of the President. Hiring is done on a contract basis.
The Executive Secretary can be discharged of his duties by the Board of Directors for failure to comply with the terms of the contract of employment.
In addition, the Board of Directors may appoint officers and Trustees, by resolution, on the recommendation of the Executive Secretary.
f) due Remuneration of representatives, officials and officials of the proxies will be fixed by the Board of Directors, by resolution. No official representative will not be excluded from the payment of such compensation on grounds of overlapping with the post of director of the Association.
g) for a term of Association's official representatives, excluding the Executive Secretary, is one year, up to the date of election or appointment of their successors. They may be re-elected according to or extend the term of Office of one year.
h) officials may resign at any time, on the basis of a notification in writing addressed to the Board of Directors, the Chairman or Executive Secretary of the Association. The resignation will take effect from the date of receipt of the notification or at any later date specified in it. The acceptance of the resignation shall not be necessary in order for it to produce effects, unless there is an express provision to that effect.
I) no official representative, official or appointee of the Association will not have the right or authority to borrow money in the name of and on behalf of the latter, making operations that employ Association, to establish any form of security or mortgage over his movable or immovable property, unless the Board of Directors has delegated the Executive Secretary these competences in the terms and within the limits laid down by the General or special empowerment.
j) the Board of Directors may propose to the President that he ended his term of Office shall remain a consultant for a period not exceeding one year.
9. The duties of official representatives
the President, when) is present, shall preside at all meetings of the members with voting rights, the Board of Directors and of the Executive Committee. He is charged with the general supervision of the activities and operations I.I.O.
b) Vice-president meets the obligations and exercise the powers of the President in the absence of or as a result of its indisponibilitatii, as well as any other duties determined periodically by the Board of Directors.
c) Treasurer has in custody and the funds of the Association and keep track of the complete and accurate revenue and expenses in the books of the Association, carries out all cash deposits and other effects in the name and on behalf of the Association, the designated depositaries accounts periodically by the Board of Directors. He will make payments from the funds of the Association, on the basis of invoices, the order of the Board of Directors, and will draw up a statement of account on all transactions conducted as Treasurer and of the financial situation of the Association, which he will submit to the President and directors on the occasion of meetings of the Board of directors or upon their request. It also performs any other obligations established periodically by the Board of Directors. As security for the performance of their duties strictly in the exercise of its function and that the possibility of compensation for the Association in the event of death, resignation or withdrawal or dismissal from Office, for all publications, documents, bills, money or any other assets of the Association in possession and under our control, he will deposit an amount in cash, as well as one or more titles , the value of which can be accepted by the Board as being satisfactory.
d) Executive Secretary: (1) lead the Secretariat I.I.O.;
(2) the Executive Committee proposes special I.I.O. projects to be approved by the Board of Directors;
(3) reply by I.I.O. publications;
(4) the day you list sources of funding on projects;
(5) respond to the recruitment of new members;
6. apply I.I.O. Status in accordance with local legislation. On the recommendation of the Board of Directors, the Executive Committee he obeys all proposals to amend the statutes, to be approved by the General Assembly;
(7) provide administrative support and recommend necessary for any ombudsman in connection with the preparation and holding of conferences, workshops and other activities, as well as consulting in connection with the activities of I.I.O.;
(8) identify appropriate resources for specific projects, negotiate and conclude agreements for financing of projects;
(9) communication between I.I.O. and its members, as well as with national and international organizations;
(10) develop and maintain relationships with individuals and organizations advocating for the promotion or defence of human rights;
(11) take the necessary measures to ensure this I.I.O. internationally and, in particular, is campaigning to promote the concept of ombudsman, in collaboration with organizations involved in defending and promoting human rights;
(12) see to the registration vote expressed by the members with voting rights and principals, of the minutes of meetings of voting members, of the Board of Directors and of the Executive Committee, in one or more registers kept for this purpose; cares for sending all the planned notifications in conjunction with meetings of the Governing Board, the Executive Board and of the members with voting rights, keeping all the records of the Association in accordance with the provisions laid down by law; keep stamp Association and see to its implementation on all acts concluded on behalf of the Association;
(13) subject to the Board of Directors and the Executive Committee an annual report on the work of the I.I.O., which contains the report on the work of the Executive Secretary. Every four years, on the occasion of the International Ombudsman Conference, submit a report to the General Assembly;
(14) meets all obligations specific to the Office of the Executive Secretary, as well as other duties determined periodically in his task by the Board of directors or President;
(15), as the Board of Directors:-;
-The Commission for special projects;
(16) it is de jure member Governing Board Executive Committee and in the General Assembly but without the right to vote.
e) all other officials elected by the Board of Directors are invested with authority and obligations established periodically by the Board of Directors.
f) if the Chairman and Vice-Chairman are unable to learn-and powers, the Board of Directors will appoint, by resolution, a member of his own to meet its obligations for a period determined by the President.
9A. the representatives of the regions and regional I.I.O.
the incorporation of I.I.O. Regions) are delineated in order to achieve the following purposes: (i) promotion of regional participation in the activities of I.I.O.;
() the decentralization of activities I.I.O.
b) a region that includes all the members of the constitutional regions, in accordance with article 5. 10 g).
c) once created, each region will conduct its own constituent operations, within a reasonable time. Voting members in the region will elect a representative, called the "regional Vice President" from among regional directors.
d) where a regional Vice President is elected by the Board of Directors to the position of President, Vice-President or Treasurer, he will have to resign from the post of Vice President, and the members with voting rights in the region can elect a new regional Vice President.
It's one of the Regional Vice Presidents) will be Deputy President I.I.O. for that region and it will have the following obligations, at regional level: (i) to represent I.I.O. and to promote its objectives;
(them) to coordinate the activities of I.I.O.;
(iii) to co-ordinate the operations of obtaining funding, financing and resource identification;
(iv) to comply with the duties of the President within the limits of the competences delegated by the President, with the approval of the Board of Directors.
f) Each regional Vice President shall establish, within a reasonable time and in cooperation with the members of the Board of directors from the respective region and with the members with voting rights in the region, the procedure whereby the members of the regional Board of Directors to be elected democratically. If the procedure cannot be agreed upon within the region, the Executive Committee will serve as a mediator and will facilitate the achievement of an agreement on the procedure.
g) Executive Committee of the Association will provide operational support to the regions and regional constituent members who so request, in order to optimise resources, focusing on the activities of the region.
10. the Executive Committee of the Executive Committee of the Board) is composed of the President, Vice President, Executive Secretary, Treasurer. Members of the Executive Committee will decide on the activities of the Association which require resolution in the interval between meetings of the Board of Directors of the Association.
b) Executive Committee of the Board will have full authority to exercise all powers of the Board of Directors during the period when it is not in session, except in the following powers: (1) amendment of the adoption or repeal of the statutes of the Association; (2) fill in a vacancy in the case of the members with voting rights; (3) the amendment or repeal of any resolution of the Board of Directors; (4) the amendment or repeal of any restrictions imposed on the Executive Board periodically by resolution of the Board; (5) as laid down in art. 6 g) (1) and (2) and article 3. 6 (i) (1) to (5) inclusive, except where the amount does not exceed $ 5,000 S.U.A. all activities of the Executive Committee shall be reported to the Board of Directors at its next meeting.
c) vacant Seats in the Executive Board shall be filled by the Board of Directors.
d) the Executive Committee shall meet at intervals laid down or at the request of the President, Vice-President or Executive Secretary, made available to all its members by written notice. These meetings may take place in Canada or abroad. For meetings held outside of Canada, you need the written consent of the Executive Committee, submitted to the Executive Secretary.
e) Executive Committee fixes its own rules and procedures; a majority shall constitute a quorum. For any measure decided by the Executive Board vote is needed so the majority of its members.
f) any member of the Executive Committee may be replaced or removed by the Board of Directors, at any time, and to hold the Office of director shall automatically terminate and the Member of the Executive Committee.
g) at the request of the ombudsman institution, the Executive Committee may redistribute that institution by another region, because of the nature of politics, cultural, linguistic or geographical, subject to acceptance by the region.
The ombudsman institution will forward a copy of the application to the region of its constituents, and the Executive Committee will be asked for this region's opinion before making a decision.
h) where the Executive Committee get satisfactory evidence in relation to the existence of insurmountable financial difficulties which hinder the ombudsman institution, be it the one newly-created or already existing, to pay an annual membership fee, in whole or in part, it may grant an exemption for the institution of provisional payment, full or partial, for a period of one year This exemption, which may be extended by the Executive Committee at the presentation of new evidence relating to the existence of these further financial difficulties.
11. Notifications a) where it is necessary to send notices, they will be drafted and sent by mail, telegram, telex or telefax of each person entitled to receive such notice to the last recorded address in the records of the Association. In its notice of the holding of a meeting must indicate the place, date and time, and, in the case of a meeting with the special character, the nature of the issues that will be debated.
b) whenever it is made for notification under the law of the Canadian associations ("Canada Corporations Act") or of this Constitution, the person or persons entitled to receive such notices may waive in writing under the signature of his own, the right to be notified, regardless if this waiver is made before or after the date referred to in writing, except in cases where the law provides otherwise.
(c) a person in Attendance) a meeting shall constitute waiver of right to be instiintata about the Organization of that meeting, unless it participates in the declared goal of making objections in connection with the adoption of any measures as a result of the fact that the meeting has not been convened or organized offices.
d) any measure which may be taken at a meeting of the members with voting rights or, as the case may be, the Board of Directors, members of the Executive Committee or other committees can be decided and without such organization meeting, where a written agreement regarding the content of such measures, which shall be signed by all the members entitled to vote times where appropriate, the directors or members of the Executive Committees of other times, and deposited with the Executive Secretary of the Association. Reminders will be sent at least 14 days before the date of the meeting. Emergency meetings may be arranged depending on necessities provided to be announced in writing 48 hours before.
12. The Board of Directors may require Guarantees of some or all official representatives to lodge a surety for the amount you will consider necessary.
13. Quorum and majority for decisions of a quorum for the Organization) of any meeting of the members with voting rights or, as the case may be, the Board of Directors will be the majority of the members with voting rights or, as the case may be, the Board of Directors.
(b)) to pass any motion in any meeting of the members with voting rights or, as the case may be, the Board of Directors is required majority of the members with voting rights present or, where appropriate, to the Board of Directors, except that the Canadian law of associations ("Canada Corporations Act") or this Statute provides otherwise.
14. Other committees whenever they deem necessary or periodically, the Board of Directors may establish permanent commissions and/or special consisting of one or more persons, of which at least one member of the Board of Directors, called the President, performing the tasks to carry out investigations and prepare reports established by the Board of directors by resolution. These committees will determine how your own organization as well as the date, time and place of meetings, if the resolution could not be otherwise. In the event of the absence or disqualification of a member of the Committee, the Member or members of the Commission present at the meeting will be able to unanimously appoint another person instead of the absent or disqualified for taking part in the meeting, whether or not a quorum is met.
The President may set up a Commission to assist the Executive Secretary in establishing funding sources.
15. Meetings by telephone One or more members with voting rights or, after that, the members of the Board of Directors, Executive Committee or any committees may participate in the meetings of the members with voting rights or, as the case may be, of the Board of Directors, Executive Committee or any committees via teleconference facilities or similar equipment, through which all participants can hear each other.
16. Records and documentation of all checks and) payment orders shall be signed on behalf of the Association and shall be countersigned by officials or representatives of the Association, which the Board of Directors periodically it designates for that purpose.
b) all contracts, documents and pleadings shall be signed on behalf of the Association and shall be countersigned by officials or trustees appointed periodically for this purpose by the Board of Directors.
c) all contracts, documents and records that must be applied to the stamp of the Association will be stamped by the officials or trustees appointed periodically for this purpose by the Board of Directors.
17. Dissolution the Association can be dissolved in accordance with Canadian legislation in force on the date of dissolution. Directors shall not have the right to participate in the distribution of the assets of the Association, and they will be distributed according to the goals and objectives set out in article 11. 4.18. Accounting Association) the Association will keep accounting records that reflect:-income and expenses of the Association, detailed;
-goods contained in the patrimony of the Association;
-the financial obligations of the Association;
-details of the payment of contributions by the members.
b) Accounts of the Association shall be audited annually by an auditor appointed from outside the Association, in accordance with article 5. 19. c) the financial year shall begin on 1 January and ends on 31 December.
d) accounting Situation on the revenue and expenditure account and the balance sheet shall be drawn up at the end of each financial year, and a copy of these documents shall forward the voting members of the Association, who have paid the fee. The situation of accounting revenue and expenditure account and balance sheet should be carried out in accordance with relevant accounting rules and will be accompanied by a statement by the auditor to certify that these reflect the financial situation of the Association, as heritage assets were checked, and the values are correctly recorded.
19. the Censors) at each meeting ordinary members with voting rights, they will appoint an auditor to audit the accounts of that Association. The Auditor can work until the next ordinary meeting of the members with voting rights and can be re-elected. Whenever the Office of Censor Board remains on vacation, will nominate another person. Proper remuneration of the auditor shall be determined by the Board of Directors.
b) Board of Directors will present members with voting data morale and professional profile of the person to be called to the Office of censor.
20. Compensation for executives, officials, servants, or agents for Any person who was or is a party or by any person who may become a party to a proceeding or civil action for nature, criminal, administrative or disciplinary times, imminent, pending or completed, by virtue of the fact that holds or has held membership directory, official representative, official or member with voting right of association or meets or has fulfilled at the request of the Association, director, official representative, official or member with voting rights in the context of other associations, will be fully despagubita Association, in accordance with Canadian legislation in force at the date of grant of such damages. This right of indemnity will be transferred for the benefit of the heirs, executors and administrators of the estate of that person, not excluding other compensation to which the person is entitled as director, official representative, official or member of the Association or any other quality under the law, the Statute, Convention or the vote expressed by the members with voting rights and principals Association or otherwise, and will be expanded on the person concerned and after ceasing official representative director, officer or member with voting rights of the Association.
21. Honorary Directors the Board of Directors may elect one or two honorary directors, who will have the rights laid down in the resolution itself, except the right to vote at its meetings. The term of Office shall begin at the conclusion of the honorary director of the meeting at which it was elected and will end at the conclusion of the next annual meeting of the Board of Directors. Honorary Directors may be reappointed for one or more additional mandates for one year. Amendments
Statutes of the Association will be adopted and may be amended or repealed by a majority of the votes cast by the voting members present at a meeting convened in compliance with the procedure, after the planned notifications, communication in this regard, the members with voting rights. Where the Board of Directors believes that the problem in the case of an emergency nature, presents the decision concerning an amendment may be taken by a majority of the members with voting rights and notified by mail, phone or fax, after notification, in this respect, members with voting rights. Such amendments shall be submitted for confirmation at the next meeting of the members entitled to vote. Any adoption, repeal or amend the bylaws will not enter in force prior to obtaining an approval of the minutes from the Ministry of consumer and Corporate Affairs, in accordance with Canadian law of associations ("Canada Corporations Act"). The amendments that the Governing Board considers as having administrative judgment may be approved by it.
STATUTES OF THE ASSOCIATION "THE EUROPEAN OMBUDSMAN INSTITUTE" (I.E.O.)
Article 1 name and registered office of the Association the name of the Association is "European Ombudsman Institute". The Association Headquarters is located in Innsbruck, Austria.
Article 2 Objectives the Association the Association is an independent, non-profit scientific organization, having the following objectives: (1) addressing the scientific way of problems relating to human rights, civil rights and ombudsman institutions at regional, national, european and international level;
(2) engaging in research in this area;
(3) the propagation and promotion of the concept of the ombudsman;
(4) cooperation with institutions from Austria, Europe and with the international share the same or similar purposes;
(5) providing support to scientific institutions the ombudsman from Austria and abroad;
(6) promoting exchanges of experience between the national, european and international level.
Article 3 the attainment of the Association to accomplish its objectives the Association: (1) Edit and promote publications;
(2) organize or attend important events;
(3) issue advisory opinions;
(4) conduct which seeks support and correspond to the objectives of the Association;
(5) carry out a scientific archive.
Article 4 principles of Association In conducting its business activities, the Association must be lead by the following principles: (1) scientific character: the Association will appeal to rational arguments in formulating opinions and advisory opinions and debates;
(2) the public service Association will provide activities for the benefit of the general public;
(3) the Association shall autonomy: set their own priorities in the programme of activities and will decide the only way of achieving them;
Article 5 financing of the Association the Association is financed on the basis of: (1) membership dues;
(2) subsidies from the public authorities;
(3) gifts and donations from friends and supporters;
(4) income from its own activities, in particular activities and receipts from contributions for services rendered.
Article 6 categories of members and the acceptance of new members the Association has the following categories of members: (1) ordinary Members ordinary Membership may be a natural or legal person engaged in the issues that the ombudsman institution and consented to the aims of the Association.
(2) Members of the great can be a member of extraordinary physical or legal person: a) whose interest for the Association is so nature can and wishes to promote its activities;
b) which are involved in matters concerning the European ombudsmen, but in Europe.
(3) Honorary President, honorary members Honorary Chairman and honorary member of the Association may be natural or legal persons who have made outstanding service to the Association. They are chosen on the General Assembly's life, on the basis of a request from the Board of directors unanimously.
(4) the Board of Directors shall decide on the admission of members of the regular or extraordinary general meeting and decide appeals from the decision of the Board of Directors.
(5) since before the establishment of the Association, founding members may accept members on a provisional basis. This quality will not be validated until after the legal Constitution of the Association.
Article 7 rights and obligations of the members of all members shall be entitled to make requests in front of the General Assembly and of the Board of Directors in connection with the obligations incumbent on those bodies. The proposals of members for the Board of Directors may be made by ordinary members inside the period for submission of applications and shall contain a statement of acceptance of the person proposed as candidate, where it will be chosen.
Ordinary members, Honorary President and honorary members shall be eligible for a seat in the General Assembly and had the right to vote.
Extraordinary members may attend the General Assembly-one delegate each, but only in an advisory capacity.
All members are entitled to avail themselves of the facilities of the Association and to receive its publications. They are obliged to do their utmost to promote the objectives of the Association, to abide by the Statute and statutory resolutions adopted by organs of the Association and, in particular, to convey its free reports and important works on which they have drawn up.
It will ensure the drafting of documents in many languages, where the subject of the Treaty permits. Details will be determined by the Board of Directors.
Article 8 termination of membership membership is terminated by death (for legal entities, through the loss of legal personality). All members have the right to withdraw from the Association at any time provided to notify this beforehand, by a reminder that can be verified. Unpaid contributions still on the current calendar year but will need to be cleared. The General Assembly has the right to cancel membership, where concerned members no longer meet the required conditions.
The General Assembly has the right to foreclose on her members who have violated the principles of the Association, i have encroached on reputation or acted against the Statute and its rezolutiilor.
Ordinary and extraordinary members which, on receipt of the second notification, cannot pay the arrears will automatically lose their membership.
Article 9 Establishment of the General Assembly has the right to decide the establishment of sections within the Association, specialized in areas of particular interest to members.
The Board of Directors is responsible for the coordination of work of each Department. At each General Assembly will be presented with a report on the activities of each Department.
Article 10 the Association Organs the organs of the Association are as follows: (1) the General Assembly;
(2) the Board of Directors;
(3) the President;
(4) the censors;
(5) the Arbitration Tribunal.
Article 11 the general meeting the general meeting consists of: ordinary members, who benefit from the right to vote, Honorary President, honorary members and members who attend extraordinary advisory role.
The ordinary general meeting is convened every two years and are, to the extent possible, on the occasion of the European Conference of Ombudsman or an International Conference of Ombudsman. The summons shall be made by the President or, in case of unavailability of the latter, by a Deputy Chairman of the Association.
Extraordinary general meeting is convened by the Chairman or, in the event of unavailability, a Vice President, when important decisions must be taken, or at the request of at least one-fifth of the number of regular members, communicated in writing for inclusion in the agenda; in the latter case, the summons will be made no later than one month.
Convening the general meeting shall be made by sending notification in writing to all members at least thirty (30) calendar days before the date of the meeting of the General Assembly, which will include a draft agenda. Requests from members to be submitted ahead of time, so they arrive at the General Assembly Secretariat not later than 3 days before. Where such requests are not included in the agenda, they may not be subjected to voting, except where they are present more than half of the members with voting rights.
The General Assembly of its reserve the following rights: (1) to elect the Chairman, Vice-Chairmen and members of the Council 2;
(2) to elect 2 censors;
(3) to determine the contributions of the members;
(4) adopt resolutions amending statutes;
(5) to adopt resolutions regarding the granting of special honors from the Association of persons who brought him special services, in particular with regard to the election of the President of honor and honorary members;
(6) to approve the reports of the Board of Directors, auditors and precinct;
(7) to approve the formal paperwork Board of Directors;
(8) to set up a wards;
(9) to set the date and venue of the next Conference of the European Ombudsman;
(10) to adopt the decision on dissolution of the Association.
A quorum of the general meeting is formed in the presence of at least half the number of regular members. All General Assembly resolutions and votes require a simple majority of voting members present. In the case of adoption of section rezolutiilor (4), (8) and (10) above, there is a need, however, a majority of three-quarters of the members with voting rights present.
If the General Assembly failed to constitute a quorum at the date fixed for the meeting, the person chairing the meeting shall announce this. After 30 minutes, it will be considered as the General Assembly constitutes a quorum regardless of the number of people participating.
The general meeting is presided over by the Chairman or, in his absence, by a Deputy Chairman.
Article 12 the Board of Directors the Board of Directors is elected from among ordinary members of the Association and shall consist of:-President;
one representative of each of the sections;
-at least 3 members, but no longer than 10 additional members, depending on the number of members of the Association.
If he was elected an Honorary Chairman, it will be part of the Board of Directors, having an advisory role. The Board of Directors will appoint a representative for the cashier and Secretary, if this is necessary.
The Board of Directors is elected for a period of 2 years, but will be kept in the Office until the election of the new Board of Directors. Upon the termination of the mandate of the ombudsman, the person that completes and function times a member of the Board of Directors. The Board of Directors shall have the right to include new members.
The Board of Directors shall constitute a quorum in the presence of the 5 members. Abstaining from voting shall be allowed. Decisions of the Board of Directors shall be taken by majority vote; in the event of a tie, the vote of the Chairman will decide.
The Board of Directors is responsible for all matters not within the competence of other bodies of the Association, in particular the approval of the annual budget and financial year.
The Board of Directors will meet at least twice a year and at the request of at least three of its members, will meet at the headquarters of the Association within one month after receipt of such a request.
The Board of Directors shall elect one of its members to the post of Executive Secretary, which is available at the Association's headquarters. It will be entrusted with the leadership of the current activities and any other problems that i have been entrusted by the Board of Directors.
Article 13 the President the President is elected for a period of 2 years, without the right to be re-elected at the next election.
The President represents the Association, convenes the General Assembly and meetings of the Board of Directors and chairs the meetings.
If the President is absent or prevented in any other way of duties, he will be represented by a Vice-President.
The President or, in his absence, a Vice-President will have the right of signature on behalf of the Association, and in financial problems, together with the cashier. Member of the Board of Directors which meets Executive Secretary the right signature for current activities, as well as other problems that i have been entrusted by the Board of Directors (article 12).
Article 14 the two Censors reportedly elected from among ordinary members shall be responsible for checking how it led the financial management of the Association and submit a written report to the General Assembly. Members of the Board of Directors are forbidden to be censors.
Article 15 reimbursement expenses needed for carrying out the obligations of the persons holding positions in the Association shall not be reimbursed by the Association. However, the Board of Directors may decide on the partial or full reimbursement of expenses incurred in the performance of a contract.
Article 16 the Court of arbitration in the event of a dispute born in connection with the Association's relations, both between Board of Directors and individual members, and between members of the Arbitration Tribunal will settle the cause by a final decision, within the Association. The Tribunal will be set up so that each party can nominate two referees, who will then appoint the fifth arbitrator as President. In case of disagreement with regard to the election of the President, the appointment of such arbitrator shall be made by drawing lots among the persons proposed earlier.
The arbitrators will judge on the basis of the statutes, of the rezolutiilor of the General Assembly and to the General principles of law, and judgments rule with simple majority. Final decisions remain within the Association and shall be communicated to the two sides, as well as to the Governing Board within a period of 6 weeks.
Article 17 the dissolution of the Association in the event of dissolution of the Association, goods contained in its heritage will be distributed for the purposes of responding to the interest of the general public, in the spirit of art. 2 of the Statute. The General Assembly will decide in relation to this measure.