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Law No. 206 Of 11 November 1998 Approving The Ombudsman Institution Affiliation To The International Ombudsman Institute And The European Ombudsman Institute

Original Language Title:  LEGE nr. 206 din 11 noiembrie 1998 pentru aprobarea afilierii instituţiei Avocatul Poporului la Institutul Internaţional al Ombudsmanului şi la Institutul European al Ombudsmanului

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LEGE no. 206 206 of 11 November 1998 for the approval of the affiliation of the Ombudsman institution at the International Institute of the Ombudsman and at the European Institute of the Ombudsman
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 445 445 of 23 November 1998



The Romanian Parliament adopts this law + Article 1 The affiliation of the Ombudsman institution, as a full member, is approved at the International Institute of the Ombudsman, based in Alberta, Canada, and at the European Institute of the Ombudsman, based in Innsbruck, Austria. + Article 2 The amounts necessary for the payment of annual contributions to these organizations shall be ensured from the budget of the Ombudsman institution. This law was adopted by the Senate at the meeting of September 29, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT PETRE ROMAN This law was adopted by the Chamber of Deputies at the meeting of October 12, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, ANDREI CHILIMAN + STATUS OF THE INTERNATIONAL INSTITUTE OF THE OMBUDSMAN -Adopted in November 1992- -Fined in October 1996- 1. Name The name of the association is the "International Institute of the Ombudsman" (I.I.O.). 2. Headquarters The association's headquarters are located at the University of Alberta Law Center, 111-th Street and 88-th Avenue, Edmonton, Alberta. The Association may also set up other branches or agencies in Canada or abroad, as required, by decision of the Board of Directors. 3. Association stamp The stamp of the association will have the form established by the Board of Directors and will bear inscribed the name of the association, the year of its establishment, as well as the words 3A. Official Languages The English, French and Spanish languages, as well as any other language that the Board of Directors deems necessary for the promotion of the purposes of the association and the interests of its members will be the official languages used gradually by the I.I.O. for carrying out its activities, including current operations, as for publications. 4. Purposes The purpose of the association a) promoting the concept of ombudsman and its institution, as well as encouraging its development around the world; b) the development and application of programs that allow the exchange of information and experience between ombudsmen from all over the world; c) the development and application of educational programs for ombudsmen, their staff and other interested persons; d) encouraging and supporting research and studies in the field of the ombudsman institution; e) the collection, storage and dissemination of information and research data on the institution of the ombudsman; f) awarding school scholarships, university scholarships, grants and other forms of financial support for people from all over the world, in order to encourage the development of the ombudsman concept, as well as to encourage study and research in the field the ombudsman institution; g) planning, organization and supervision of international conferences of ombudsman; h) initiating other actions deemed necessary to achieve the above objectives. 5. Membership a) The Association has five categories of members: voting members, associate members, lifetime honorary members, member-libraries and individual members. b) Member with the right to vote is the institution represented by the person holding the office of ombudsman, regardless of the title that it carries (parliamentary commissioner or any other name), appointed or elected on the basis of an act of the legislature, including a human rights agency or a single-specialisation ombudsman, the role of which consists of: ((i) the investigation of complaints by any person or group of persons in connection with a decision or recommendation, with an action or omission committed on matters of administration by a public official, an employee or by a a member or a commission belonging to an organ in its competence; (ii) the investigation of complaints directed against departments and governmental or quasiguvernamental agencies; (iii) the task of making recommendations to the bodies in its competence following the investigations carried out; ((iv) the exercise of an official function in addition to the legislature or on its behalf, acting independently of the organs in its competence; (v) the submission of reports to the legislature, either directly or through a minister, of the results of its activities or of any specific problem resulting from the investigations carried out, but not including the person or institution with the sole specialisation which (vi) has in its competence both public agencies and private bodies or is in the competence of a member with the right to vote, except for the situation in which the Board of Directors gives approval in this regard, according to art. 5 5 g). b1) Rights and duties of voting members: (i) voting members shall have the right to participate in the entire activity of the I.I.O. both at regional and international level; (ii) where a voting member considers himself injured in the exercise of his rights, he may address a complaint to the Governing Board, and if he is dissatisfied with the decision taken he may appeal it at the first ordinary meeting of the members with the right to vote; (iii) in carrying out any activities related to the fulfillment of the I.I.O. purposes, the voting members will respect the I.I.O. status, the professional and non-partisan character of the I.I.O. purposes, fulfilling their activity without unreasonable expenses and no administrative charges. c) Associate members are the persons or agencies concerned or involved in ombudsman activities, which may not benefit from voting membership (organizations or agencies such as: libraries, universities, departments, etc.). government, as well as those who may be excluded under art. 5 5 b) point ((vi). d) Life honor members may be appointed by the Board of Directors among persons who have brought special services to the deontology or ombudsman function. e) Libraries can become members and are entitled to receive I.I.O. publications f) Individual members Individuals who cannot benefit from voting membership status or those who are part of an ombudsman institution's apparatus and are interested in ombudsman activities may become members and are entitled to receive their publications. Association. The institution hosting the next International Conference of the Ombudsman has the right to decide on the invitation of individual members to this conference. The host institution will determine the participation fees at the conference. g) Classification of members The affiliation committee appointed by the Board of Directors will decide upon membership applications as a member. In the event of an appeal in relation to the membership category to which the candidate making the request for affiliation is entitled, the Board of Directors may rule for the resolution of the appeal. The candidate has the right to appeal the decision within the members to which he refers art. 7 7 a) and art. 7 7 b), to which members have the right to decide by vote on the amendment of the criteria for any category of membership, in which case the classification of the candidate of the person concerned may be amended. h) Members with voting rights, associate members and lifetime honorary members will be invited to all international conferences of the association-sponsored ombudsman. The participation 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 to the Governing Board. The Board of Directors may withdraw its membership from the person who fails to maintain its status to the required standards. 6. Board of Directors a) The patrimony and the activities of the association are managed by the Board b) The Board of Directors consists of: (1) a member appointed by the University of Alberta, in agreement with the Faculty of Law of the University of Alberta, Edmonton, Alberta; (2) a member from the institution that will host the next International Conference of the Ombudsman; (3) 3 or 4 members, elected from each region on the basis of the following criteria: -maximum 3 members, when the number of members with the right to vote is less than 30; -maximum 4 members, when the number of members with the right to vote is 30 or higher. c) The recognized regions are as follows: --Africa; --Asia; -Australia and the Pacific; -Caribbean and Latin America; -Europe; --North America; -any other region established by the Governing Board. d) (1) The mandate of the director shall not exceed 4 years, except in the case of his re-election in office, according to the rules adopted by that region; (2) any place left vacant in a region shall be completed immediately by that region in accordance with the rules adopted by it; (3) persons nominated in art. 6 6 b) point ((1)-(3) must submit their agreement to the Executive Secretary; (4) a director may be removed from office by vote of the voting members of the region. e) The director whose term of office expires during an annual or special meeting will remain in office until its conclusion. f) Directors acting in this capacity may exercise all the prerogatives of the association, except those provided to be exercised by members with the right to vote at their meetings, in accordance with the Canadian law of associations (" Canada Corporations Act ") or with this Statute. However, in their capacity as voting members, directors may exercise all the prerogatives of the association, conferred by the Canadian law of associations (the "Canada Corporations Act") or by this statute, to be exercised by the members. with the right to vote at their meetings. g) The directors have the following tasks: ((1) to periodically authorize the expenses incurred on behalf of the association and to delegate, by resolution, to one or more official representatives of the association, the right to hire and to pay the salaries of the employees; (2) to carry out expenses for the purpose of promoting the objectives ((3) to conclude a "trust" contract with an appropriate trust company, in order to create a trust fund for capital and interest on which the association may have its own interest; ((4) to request ratification by the majority of voting members (at regular meetings held every 4 years or in the interval between meetings, by postal vote, once a year) in the case of proposals to amend levies for members with voting rights or for associate members in the following financial year. However, in the interval between meetings of members with the right to vote, the Board of Directors may fix a fee for a given category of members, in conditions to ensure a differentiation between the paying members; ((5) authorise the affiliation as a member of a candidate who fulfils the conditions of affiliation even if he/she cannot pay his/her fee; he may be granted a partial or total exemption from the payment of the levy, by decision To the Executive Committee, in accordance with Article 10 10 h). h) The Board of Directors will take the measures it considers necessary to provide the association with the opportunity to receive donations and benefits in order to achieve its objectives. i) Periodic, the Board of Directors shall: ((1) to obtain money on the I.I.O. credit, in the amount and under the conditions it considers appropriate, by obtaining loans, advances, by issuing checks or by other modalities; (2) issue bonds or other securities of the I.I.O.; ((3) pledge or sell such bonds or securities for the amounts and the prices they deem appropriate; (4) establish any form of pledge, mortgage or other guarantees on any property, movable or immovable, on any rights, real or personal, or obligations, present or future, in whole or in part, in the patrimony of the I.I.O., to guarantee all bonds or other securities of the I.I.O. or any amounts contracted on loan or obligations, present or future, of the association; (5) to delegate the above prerogatives, in whole or in part, to one or more official representatives or to one or more I.I.O. directors whom the Board of Directors will designate for this purpose, to the extent and in the manner fixed by the Council Director. j) The directors will not be remunerated for their services, but may receive the consideration of the participation expenses at the annual meetings or at the special meetings of the Governing Board, based on its resolution. If the President, the Vice-Chair or any Regional Vice-President cannot perform his functions as a result of the lack of funds required to the budget of his own institution, to cover the expenses of transport, accommodation, daily allowance and other administrative expenses related to the exercise of the duties of the President, Vice-President or Regional Vice-President, the Governing Board may authorise the granting of a reasonable allowance for the amount of The board considers it necessary. 7. The meetings of voting members and directors a) The regular meeting of members with the right to vote will be held on the occasion of each International Conference of the Ombudsman. In the years when these international conferences are not held, members with the right to vote will give representation powers to the Board of Directors, based on a written delegation, which will be submitted to the Executive Secretary. b) Special meetings of members with the right to vote may be convened whenever the Board of Directors considers it necessary, on its own initiative or at the request made in writing by at least one-fourth of the members with the right to vote. c) Immediately after the conclusion of each meeting of the members with the right to vote, the Board of Directors will meet for organizational issues, the election of official representatives and to agree other measures. d) The Board of Directors shall meet and annually, in the interval between the regular meetings of the members with the right to vote, in a locality in Canada or abroad, established by him. The written agreement of the Governing Council, which shall be submitted to the Executive Secretary, shall be required for meetings held abroad. e) The special meetings of the Board of Directors shall be convened by the Executive Secretary, at the request of the President, of the Vice-President or at least one-fourth of the directors ' number, formulated in writing. They will take place on the date, time and in the locality established in the convocation. f) Each voting member or, as the case may be, each director shall receive a written notice of the date and place of the future meeting of the voting members or, as the case may be, the directors, at least 30 days before its date, except where the directors meet, in accordance with paragraph c) above. g) At each meeting of the members with the right to vote or, as the case may be, of the Board of Directors, the works will be chaired by the President or, in his absence, by the Vice President or, in the absence thereof, by a sitting president elected by majority of expressed by the members present or, where appropriate, by the Governing Board. The Secretariat will be provided by the Executive Secretary or, in his absence, by a person appointed by the sitting president. h) Several ombudsmen from a single institution may participate in meetings of members with the right to vote, although the votes are assigned to the institutions; in this case, however, the respective institution will have one vote. 8. Official representatives of the association a) The official representatives of the association are the president, the vice president, the executive secretary, the treasurer, as well as other officials that the board of directors will periodically establish by resolution The official representatives will be individuals with full exercise capacity. b) The official representatives of the association, with the exception of the Executive Secretary, will be elected to the annual meeting of the The term of office of the official representative shall commence with the conclusion of the meeting within which he was elected and terminated at the end of the meeting within which his successor was appointed. c) The Board of Directors may dismiss any official representative, official, employee or authorized person elected or appointed by him, whenever he considers that this is in the interest of the association, without the extent of dismissal rights under contract in favour of the deposed person. d) The Board of Directors has the right to complete any vacancy, for any function, regardless of the reasons that led to this situation. e) The Board of Directors shall appoint an Executive Secretary, whose duties shall be determined by the Board of Directors by resolution. The terms of employment in the post of Executive Secretary are approved by the Board of Directors, on the recommendation Employment is done on a contract basis. The Executive Secretary may be relieved of his duties by the Board of Directors for non-compliance with the terms of the employment contract. The Board of Directors may also appoint officials and empower, by resolution, on the recommendation of the Executive Secretary. f) The remuneration due to official representatives, officials and employees will be fixed by the Board of Directors, by resolution. No official representative will be excluded from the payment of this compensation, on the grounds of cumulation with the position of director of the association. g) The term of office of the official representatives of the association, with the exception of the Executive Secretary, shall be one year, until the date of election or appointment of their successors. They may be re-elected or may be extended their term of office by one year. h) Official representatives may resign at any time on the basis of a notice addressed in writing to the Board of Directors, the President or the Executive Secretary of the Association The resignation will take effect from the date of receipt of the notice or from any subsequent date specified therein. Acceptance of resignation is not necessary for it to produce its effects, unless there is an express provision in this regard. i) No official, official or authorized representative of the association will have the right or authority to borrow money on behalf of and on its behalf, to make operations that engage the association, to institute any form of pledge or of the mortgage on its movable or immovable property, unless the Governing Board has delegated these powers to the Executive Secretary, on the terms and within the limits specified by the general or special power of attorney. j) The Governing Board may propose to the President who has completed his/her term of office to remain a consultant for a period of 9. The duties of official representatives a) The President, when present, presides over all meetings of the voting members, of the Board of Directors and of the Executive Board. b) The Vice President fulfils the obligations and exercises the duties of the President in the absence or as a result of his unavailability, as well as any other duties established periodically by the c) Treasurer has in custody the funds and values of the association and keeps the complete and accurate record of income and expenses in the registers of the association, performs all deposits in cash and other effects, on behalf of and on behalf of the association, in the accounts of depositaries appointed periodically by the Governing Board. He will make payments from the funds of the association, on the basis of invoices, at the order of the Board of Directors, and will draw up a report on all operations carried out as treasurer, as well as on the financial situation of the association, which will present to the President and the Directors at the regular meetings of the Governing Board or at their request. It also meets any other obligations set out periodically by the Board of Directors. As a guarantee for the execution of his duties in the exercise of his office and as a possibility for compensation of the association in case of death, resignation, withdrawal or dismissal from office, for all publications, documents, bills, money or any other assets of the association's assets, in possession and under its control, will deposit a sum in cash, as well as one or more securities, the value of which may be accepted by the Board of Directors as satisfactory. d) Executive Secretary: (1) leads the Secretariat of the I.I.O.; (2) proposes to the Executive Board the special projects of I.I.O. to be approved by the Board of Directors; (3) is responsible for the I.I.O publications; (4) keep up-to-date the list of funding sources on projects; (5) respond to the recruitment of new members; (6) apply the I.I.O. Statute in accordance with local law. On the recommendation of the Governing Board, it shall submit to the Executive Board all proposals for the amendment of the Statute to be approved by the General Assembly (7) recommends and provides the necessary administrative support for any ombudsman in connection with the preparation and conduct of conferences, workshops and other activities, as well as on consulting issues in relation to the activities of the I.I.O.; (8) identify appropriate resources for specific projects, negotiate and conclude agreements to finance projects; (9) ensure communication between the I.I.O. and its members, as well as with national and international organizations; (10) develop and maintain relations with individuals and organizations that advocate for the promotion or defense of human rights; (11) take the necessary measures to ensure the presence of the I.I.O. internationally and advocate, in particular, for the promotion of the concept of ombudsman, in collaboration with the organizations involved in the defense and promotion of human rights; (12) shall be taken care of by the registration of voting by members entitled to vote and by directors, minutes concluded at meetings of the voting members, the Governing Board and the Executive Board, in one or more registers held for this purpose; it shall be taken care of to send all notices in relation to meetings of the Governing Board, the Executive Board and members with the right to vote, to keep all registers of the association in accordance with the provisions of legal; keeps the stamp of the association and cares for its application on all acts concluded on behalf of the association ((13) submits to the Board of Directors and the Executive Board an annual report on the activity of the I.I.O., which also includes the report on the activity of the Executive Secretary. a general assembly report; ((14) fulfils all obligations specific to the position of the Executive Secretary, as well as other duties regularly established in his charge by the Governing Board or the President; (15) is part, in official capacity, of: -Board of Directors; -Affiliate Commission; -Commission for special projects; (16) is a member of the Board of Directors, the Executive Board and the General Assembly, but without the right to vote. e) All other official representatives elected by the Governing Board shall be vested with authority and shall meet the obligations established periodically by the Governing Board. f) If the President and the Vice-Chair are unable to exercise their prerogatives, the Board of Directors shall, by resolution, appoint a member of or to fulfill the obligations of the President for a specified period. 9A. Regional representatives, regions and I.I.O. a) The constituent regions of the I.I.O. are delimited in order to achieve the following purposes: (i) promoting regional participation in the activities of the I.I.O.; (ii) decentralisation of I.I.O. activities b) A constitutive region includes all members of that region, in accordance with art. 10 10 g). c) Once created, each constitutive region will organize its own operations within a reasonable time. Voting members in the region will elect a representative, called "regional vice president," from among regional directors. d) If a regional vice president is elected by the Board of Directors as President, Vice President or Treasurer, he will have to resign as Regional Vice President and the voting members of the region may choose a new regional vice president. e) One of the regional vice-presidents will be the deputy president of the I.I.O. for that region and will have the following obligations, at regional level: ((i) to represent the I.I.O. and to promote its objectives; (ii) coordinate the activities of the I.I.O.; (iii) coordinate the operations of obtaining funds, financing and identifying resources; (iv) to perform the duties of the President within the limits of the powers delegated by the President, with the approval f) Each regional vice president shall establish, within a reasonable time and in collaboration with the members of the Governing Council of that region and the voting members of the region, the procedure by which the regional members of the Governing Council shall be democratically elected. If the procedure cannot be agreed within the region, the Executive Board will serve as a mediator and facilitate a settlement on the procedure. g) The executive committee of the association will provide operational support to the constituent regions and regional members who request this, in order to optimize resources, following the activities of the constituent region. 10. Executive Board a) The Executive Board of the Governing Board shall consist of Chairman, Vice-President, Executive Secretary, Treasurer The members of the Executive Board will decide on the activities of the association that require a resolution in the interval between the meetings of the b) The Executive Board of the Governing Board will have full authority to exercise all the duties of the Governing Board during the period when it is not in session, except for the following prerogatives: (1) amendment, adoption or repeal the statute of the association; (2) completing a vacancy in the case of voting members; (3) fining or repealing any resolution of the Governing Board; (4) amending or repealing any restriction imposed periodically by the Executive Board, by the resolution of the Governing Council; (5) those provided for in 6 6 g) point ((1) and (2) and art. 6 6 (i) ((1)-(5) inclusive, except where the amount in question does not exceed $5,000 U.S. All activities of the Executive Board will be reported to the Governing Board at its next meeting. c) The remaining vacancies in the Executive Board will be completed by the Board of Directors. d) The Executive Board shall meet at the intervals established or at the request of the President, Vice-President or Executive Secretary, communicated to all its members by written notice. These meetings may take place in Canada or abroad. For meetings held outside of Canada, the written consent of the Executive Board, filed with the Executive Secretary, is required. e) The Executive Board shall fix its own rules and procedures; the majority shall constitute a quorum. The affirmative vote of the majority of its members is required for any measure decided by the Executive Board. f) Any member of the Executive Board may be replaced or deposed by the Board of Directors at any time, and at the time of termination of the Director's office the Executive Board shall automatically cease and be a member. g) As a result of the request received from an ombudsman institution, the Executive Board may redistribute that institution to another region, for reasons of political, cultural, linguistic or geographical nature, subject to acceptance by Welcoming region The ombudsman institution concerned shall forward a copy of its application to the constituent region to which it belongs, and the Executive Board shall seek the opinion of that region before a decision is taken. h) If the Executive Board obtains satisfactory evidence in relation to the existence of insurmountable financial difficulties, which impede an ombudsman institution, be it a newly created or already existing one, to pay its dues annual, in whole or in part, may grant the institution a payment exemption, provisional, total or partial, for a duration of one year, this exemption may be extended by the Executive Board upon presentation of new evidence of the continued existence of these financial difficulties. 11. Notions a) In cases where it is necessary to send notices, they will be drafted and sent by post, telegram, telex or fax to each person entitled to receive such notice, at the last address recorded in the records Association. In the notice of the organization of a meeting, the place, date and time of the meeting must be mentioned, as well as, in the case of a special meeting, the nature of the issues to be debated. b) Whenever the communication of notices is provided under the terms of the Canadian law of associations ("Canada Corporations Act") or of this statute, the person or persons entitled to receive such notices may give up in writing, under his own signature, at the right to be notified, regardless of whether this waiver is made before or after the date mentioned in writing, except for the situations in which the law has otherwise. c) The participation of a person in a meeting constitutes the waiver of the right to be notified of the organization of that meeting, unless it participates in the stated purpose of objecting to the adoption any measure, as a result of the fact that the meeting has not been convened or held statutory. d) Any measure which may be taken at a meeting of the members entitled to vote, or, where appropriate, of the Governing Board, members of the Executive Board or any committee may be decided and without the organization of such a meeting, in the case of the submission of a written agreement on the content of such a measure, to be signed by all voting members, or, where appropriate, by the directors or members of the Executive Committee or other committees, and deposited with the Executive Secretary of the Association. Notices will be sent at least 14 days before the date of the meeting. Emergency meetings may be held as required, provided they are announced in writing 48 hours in advance. 12. Guarantees The Board of Directors may require some or all of the official representatives to lodge a security for the amount they deem necessary. 13 13. Quorum and majority for decisions a) The quorum required for the organization of any meeting of the members with the right to vote or, as the case may be, of the Governing Board will be the majority of the members entitled to vote or, as the case may be, b) In order to pass any motion within any meeting of members with the right to vote or, as the case may be, the Board of Directors is required most of the voting members present or, as the case may be, the Board of Directors, except in cases in which the Canadian law of associations (the "Canada Corporations Act") or the present statute orders otherwise. 14. Other committees Whenever deemed necessary or periodically, the Board of Directors may set up permanent and/or special commissions consisting of one or more persons, at least one of which shall be a member of the Governing Board, appointed by the President, who carry out the tasks, carry out the investigations and draw up the reports established by the Steering Board by resolution. These committees will determine their own way of organization, as well as the date, time and place of meetings, if by resolution it was not foreseen otherwise. In case of absence or disqualification of a member of the commission, the member or members of the committee present at the meeting will be able to appoint, unanimously, another person instead of the absent or disqualified, to take part in the meeting, regardless of whether is or is not the necessary quorum. The President may set up a committee to assist the Executive Secretary in determining the sources of funding. 15. Phone entrances One or more voting members or, after that, members of the Governing Board, the Executive Board or any committee may attend meetings of members with the right to vote or, as the case may be, the Board of Directors, the Executive Board or of any commission through teleconference facilities or similar equipment, whereby all participants may hear each other. 16. Documents and documents a) All cheques and payment orders will be signed on behalf of the association and will be countersigned by the official representatives or the representatives of the association, which the Board of Directors designates periodically for this purpose. b) All contracts, documents and documents will be signed on behalf of the association and will be countersigned by the official representatives or authorized representatives periodically appointed for this purpose by the Board of Directors. c) All contracts, documents and documents on which the stamp of the association must be affixed shall be stamped by the official representatives or authorized persons appointed periodically for this purpose by the Governing Board. 17. Dissolution The association may dissolve in accordance with the Canadian legislation in force at the time of dissolution. Directors will not have the right to participate in the distribution of the association's assets, and they will be distributed according to the goals and objectives specified in art. 4. 18. The association's accounting a) The Association shall keep accounting records that reflect: -the revenue and expenses of the association, -the assets belonging to the association; -financial obligations of the association; -details of the payment of contributions by members. b) The accounts of the association will be checked annually by a censor outside the association, designated in accordance with art. 19. c) The financial year begins on 1 January and ends on 31 December. d) The accounting situation on incomes and expenses and the balance sheet will be drawn up by the end of each financial year, and a copy of these documents will be sent to the voting members of the association, who have paid their dues. The accounting statement on revenue and expenditure and the balance sheet must be carried out in accordance with the relevant accounting rules and will be accompanied by a statement of the censor, attesting that they reflect the exact financial situation of the association, that assets in the patrimony have been verified and the values are correctly recorded. 19. Censors a) At each ordinary meeting of members with the right to vote, they shall appoint a censor to verify the accounting of the association. The censor can operate until the next ordinary meeting of members with the right to vote and can be re-elected. Whenever the censor function remains vacant, the Board of Directors will appoint another person. The remuneration due to the censor will be determined by the Governing Board. b) The Board of Directors shall present to the members with the right to vote data on the moral and professional profile of the person to be appointed as censor. 20. Compensation for directors, official representatives, officials or empowers Any person who has been or is a party or any person who may become a party to proceedings or actions of a civil, criminal, administrative or disciplinary nature, or this imminent, pending or completed, by virtue of the fact that he owns or has held the status of director, official representative, official or voting member of the association or that he meets or has fulfilled, at the request of the association, the position of director, official representative, official or member with right to vote within another association, will be able to be fully compensated by the association, in compliance with the Canadian legislation in force on the date of granting these damages This right of compensation can be transferred for the benefit of the heirs, the testamentary executors and the administrators of this person, without excluding the other compensation to which the person is entitled as director, official representative, official or voting member of the association or in any other capacity on the basis of the law, status, convention or vote cast by the voting members and the directors of the association, or otherwise, and will be extended on the person concerned and after the end of the quality of director, official representative, official or member with voting rights of the association. 21. Honorary Directors The Board of Directors may elect one or two honorary directors, who shall have the rights established by the resolution, except for the right to vote at its meetings. The mandate of honorary director shall begin at the conclusion of the meeting at which he has been elected and shall cease at the conclusion of the next annual meeting of the Governing Board. Honorary directors may be re-elected for one or more additional one-year terms. 22. Amendments The status of the association will be adopted and may be amended or repealed by the majority of votes cast by the voting members present at a meeting convened in compliance with the procedure, after communication of the notices, in this regard, to the members with voting rights. If the Board of Directors considers that the matter in question is of an emergency nature, the decision on an amendment may be made by the majority of members with the right to vote and communicated by post, telephone or fax, after notice, in this meaning, of the members with the right to vote. Such amendments must be submitted for confirmation at the next meeting of members with the right to vote. Any adoption, repeal or amendment of the statute, however, will not enter into force before an approval of the minutes from the Ministry of Consumer and Corporate Affairs is obtained, in accordance with the Canadian association law. (("Canada Corporations Act"). The amendments which the Governing Board considers to be of an administrative nature may be approved by its decision. + STATUTE OF THE ASSOCIATION "EUROPEAN INSTITUTE OF THE OMBUDSMAN" (I.E.O.) + Article 1 Name and seat of association The name of the association is the "European Ombudsman's Institute". The association's headquarters are located in Innsbruck, Austria. + Article 2 Association objectives The Association is an independent, non-profit scientific organization with the following objectives (1) scientific approach to human rights issues, protection of civil rights and ombudsman institutions at regional, national, European and international level; (2) involvement in research in this field; (3) propagation and promotion of the concept of ombudsman; (4) cooperation with institutions in Austria, in Europe and with international ones sharing with the same or similar purpose; (5) providing scientific support to ombudsman institutions in Austria and abroad; (6) promoting exchanges of experience at national, European and international level. + Article 3 Achievement of objectives To meet its objectives, the association: (1) edit and promote publications; (2) organize or participate in important events; (3) issue advisory opinions; (4) aims to carry out the activities that support the association and meet its objectives; (5) carries out a scientific archive. + Article 4 Association principles In carrying out its activities, the association must be guided by the following principles: (1) the scientific nature: the association will appeal to rational arguments in formulating opinions and advisory opinions and in carrying out the debates; (2) public service: the association will perform activities for the benefit of the general public; (3) autonomy: the association will set its own priorities in the programme of activities and will decide on its own way; ((4) internationalism. + Article 5 Association financing The association is funded based on: (1) members ' contributions; (2) subsidies from public authorities; (3) gifts and donations from friends and supporters; ((4) income from own activity, in particular receipts from activities and contributions for services provided. + Article 6 Categories of members and acceptance of new members The association has the following members: (1) Ordinary members Ordinary member may be a natural or legal person engaged in the problems of the ombudsman institution and who consented to the purposes of the association. (2) Extraordinary members Extraordinary member may be a natural or legal person: a) whose interest in the association is such that it can and wishes to promote its activities; b) which is involved in the problems of European ombudsmen, but not in Europe. (3) Honorary President, Honorary Members Honorary president and honorary member of the association can be natural or legal persons who have brought special services to the association. They are chosen for life by the general assembly, on the basis of a unanimous request from the Governing Board. (. The Governing Board shall decide upon the admission of ordinary or extraordinary members, and the General Assembly shall decide on appeals to the decision of the Governing Board. (. Still before the establishment of the association, the founding members may admit members on a provisional basis. However, this quality will not be validated until after the legal constitution of the association. + Article 7 Rights and obligations of Members All members shall have the right to make requests before the General Assembly and the Governing Board in relation to the obligations of those bodies. Member proposals for the Board of Directors may be submitted by ordinary members within the application period and must contain a declaration of acceptance of the office from the proposed person as a candidate, if the it will be chosen. Ordinary members, honorary president and honorary members shall enjoy a seat in the general assembly and shall have the right to vote. Extraordinary members can participate in the general meeting-with one delegate each-but only on an advisory basis. All members are entitled to benefit from the association's facilities and receive its publications. They are obliged to do their best to promote the objectives of the association, to respect the statutes and statutory resolutions adopted by the association's organs and, in particular, to convey to it, free of charge, the important reports and works they have Drawn. It will ensure the drafting of documents in several languages, if the subject matter allows it. The details will be determined by the Board of Directors. + Article 8 Termination of membership Membership ceases by death (for legal entities, by loss of legal personality). All members have the right to withdraw from the association at any time, provided that they notify this in advance, through a notice that can be verified. Unpaid contributions still in the current calendar year, however, will have to be paid in full. The General Assembly shall have the right to cancel the membership, if those members no longer meet the necessary conditions. The General Assembly has the right to exclude members who have violated the principles of the association, harmed its reputation or acted against its status and resolutions. Ordinary and extraordinary members who, after receiving two written notices, do not pay their outstanding dues automatically lose their membership. + Article 9 Establishment of wards The general assembly has the right to decide the establishment of wards within the association, specialized in areas of particular interest for members. The Board of Directors is responsible for coordinating the work of the A report on the activities of the wards will be presented at each general meeting. + Article 10 Association bodies The association's bodies are: (1) the general meeting; (2) the Governing Board; (3) the President; (4) censors; (5) the arbitration tribunal. + Article 11 General Assembly The General Assembly is composed of: ordinary members, who benefit from the right to vote, honorary president, honorary members and extraordinary members, who participate in an advisory role. The ordinary general assembly shall be convened every 2 years and shall, as far as possible, be held on the occasion of the European Conference of the Ombudsman or an international conference of ombudsman. The convocation is made by the president or, in case of unavailability of it, by a vice president of the association. The extraordinary general meeting shall be convened by the President or, in the event of his unavailability, by a Vice-President, when important decisions must be made, or at the request of at least one fifth of the number of ordinary members, communicated in writing for the enrolment on the agenda; in the latter case, the convocation will be made within no more than one month. The convocation of the general meeting is made by sending notices, in writing, to all members, at least 30 calendar days before the date of the meeting of the general meeting, in which the draft agenda will be mentioned. Requests from members must be submitted in advance so that they reach the secretariat of the general meeting no later than 3 days before. If such requests are not included on the agenda, they may not be put to the vote, unless more than half of the number of members with the right to vote are present. The General Assembly reserves the following rights: (1) elect the President, 2 Vice-Presidents and members of the Governing Board; (2) to choose 2 censors; (3) to determine the members ' contributions; (4) adopt resolutions amending the Statute; (5) to adopt resolutions on the granting of special honours from the association of persons who have brought him special services, in particular with regard to the election of the honorary president and honorary members; (6) approve the reports of the Governing Council, the censors and the sections; (7) formally approve the acts of the Governing Council; (8) to set up sections; (9) establish the date and place of the next European Ombudsman's Conference; (10) adopt the decision to dissolve the association. The quorum of the general meeting is constituted in the presence of at least half of the ordinary members. All votes and resolutions of the general assembly require a simple majority of voting members present. In the event of the adoption of the resolutions (4), (8) and (10) above, however, a majority of three-fourths of the number of voting members present is required. If the general assembly failed to constitute a quorum on the date set for the meeting, the person presiding over the meeting must announce it. After the passage of 30 minutes, it will be considered that the general assembly constitutes a quorum, regardless of the number of participating persons. The General Assembly shall be chaired by the President or, failing that, by a Vice-President. + Article 12 Director Council The Board of Directors shall be elected from among ordinary members of the association and shall consist of -president, -2 Vice-Presidents; -secretary; -cashier; -a representative of each section; -at least 3 members, but not more than 10 additional members, depending on the number of members of the association. If elected an honorary president, it will be part of the Board of Directors, having the advisory role. The Board of Directors will appoint a representative for the cashier and secretary if required. The board of directors is elected for a period of 2 years, but will be kept in office until the new board of directors is elected. Upon termination of the mandate of ombudsman, that person also concludes his position as a member of the Board of Directors. The board of directors has the right to co-opt new members. The Board of Directors shall be constituted in the presence of 5 members. Abstaining from voting is allowed. The decisions of the Governing Council are taken by a majority of votes; in case of equality, the vote of the president will The Board of Directors shall be responsible for all matters which fall outside the competence of the other bodies of the Association, in particular the approval of the annual budget and The Board of Directors shall meet at least twice a year and, at the request of at least 3 of its members, shall meet at the headquarters of the association within one month from the date of receipt of this request. The board of directors will elect one of its members as executive secretary, to be permanently available at the association's headquarters. He will be charged with directing current activities and any other issues entrusted to him by the Board of Directors. + Article 13 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 Governing Council and chairs the meetings If the President is absent or prevented in any other way of exercising his or her duties, he shall be represented by a Vice-President. His president, in his absence, a vice president will have the right of signature from the association, and in financial matters, together with the cashier. The member of the Board of Directors who serves as Executive Secretary has the right of signature for the current activities, as well as in other matters entrusted to him by the Board of Directors (Art. 12 12). + Article 14 Censors The 2 elected censors among ordinary members shall be responsible for verifying the manner in which the financial management of the association is conducted and shall submit a written report to the general meeting. The members of the Board are prohibited from being censors. + Article 15 Expenditure reimbursement The expenses necessary for the fulfilment of obligations by persons holding positions in the association shall not be reimbursed by the association. However, the Governing Board may decide to partially or fully reimburse the expenses incurred by the performance of a contract. + Article 16 Arbitration Tribunal In the case of a dispute born in connection with the relations of the association, both between the Board of Directors and the individual members, and between the individual members, the arbitration tribunal will settle the case by a final judgment, within the association. The tribunal will be constituted so that each party can appoint 2 arbitrators each, who will then nominate the fifth arbitrator as president. In the event of disagreement with regard to the election of the President, its designation shall be made by drawing lots of the persons previously proposed. The arbitrators will judge on the basis of the statute, the resolutions of the general assembly and the general principles of law, and the rulings are pronounced by simple majority. The decisions remain final within the association and shall be communicated to the two parties, as well as to the Governing Board, within 6 weeks. + Article 17 Dissolution of association In case of dissolution of the association, the assets in its patrimony will be distributed for purposes that respond to the interest of the general public, in the spirit of 2 2 of the statute. The General Assembly will decide on this measure. ---------