Statutes

STATUTES

TITLE I

Name, Seat, and Purpose

 

Art. 1 Name

An Association to be known as the "European Center for the Study of Public Choice – ECSPC" is established.

 

Art. 2 Seat

The legal seat of the Association is Rome.

 

Art. 3 Nature and duration of the Association

The Association is a non-profit institution.

Its duration is unlimited.

 

Art. 4 Purposes of the Association

The purpose of the Association is to carry out the study, the research and the investigation of public choice whose areas of interest interlock in a concern for institutional and constitutional decisions and budget decisions. A further research interest is in considering political, fiscal and administrative problems of a supra-national system and its relations with all tiers of government.

To this end the Association:

  • promotes and organizes meetings, round tables, conferences, congresses, scientific debates, reports, seminars and any other scientific initiative aiming at the circulation, increase, and development of studies which contribute to the understanding of problems related to institutional matters;
  • promotes and encourages both theoretical and empirical research on subjects of institutional interest by creating if necessary committees, groups of research investigators chaired by a scientific co-ordinator;
  • organizes in its seat scientific meetings open to all members in accordance with Article 5;
  • publishes the proceedings of the scientific activities organized in accordance with points (a) and (c) above, and volumes and journals on institutional issues whenever it shall deem it useful;
  • participates through its representatives in national and international committees with special reference to institutional matters;
  • carries out research work, projects and studies covering a wide range of problems in institutional subjects on behalf of public institutions also at supranational level, and of public or private bodies both Italian and foreign;
  • establishes contacts and relationships with similar institutions in other countries;

 

TITLE II

Membership

Art. 5 Requirements and categories of members.

Membership is open to both Italian and foreign citizens.

The Association is made up of two different types of members who participate in its administration, in accordance with the rules set out by these Statutes:

  • Founding Members;
  • Associate Members;

The Association considers for membership also Honorary Members and Corresponding Members as set out in Articles 8 and 9.

Art. 6 Founding Members

In the category of Founding Members are admitted by right all those who, having participated in the formation of the association, sign the present Statutes, as well as those referred to as such in the deed of partnership.

Art. 7 Associate Members

1. In the category of Associate Members are admitted individuals whose application is accepted by the Board of Management as set out in the Paragraphs below. The condition of member is subject to the payment of the subscription fee following up communication of admission resolution.
2. Applications for membership should be addressed in writing to the Board of Management, to the President in person. Applicants should submit an outline of their fields of study and their qualifications.
3. The Board of Management decides eligibility for membership by secret ballot, by an absolute majority of those present and voting, subject to favorable statement of the Board of Guarantors.
4. In case of an unfavorable opinion to admission by the Board of Guarantors, the resolution has to be taken by the Board of Management by unanimous consent of those present and voting in accordance with the preceding Paragraph.

Art. 8 Corresponding Members

1. Upon request, as defined in Paragraph 2 of Article 7, eminent foreign scholars not resident in Europe of outstanding scientific merit in the fields referred to in Paragraph 1 of Article 4 can be appointed Corresponding Members.
2. The Board of Management shall confer the title of corresponding member by secret ballot, by a two-thirds majority of those present and voting, at the suggestion of the Scientific Committee.

Art. 9 Honorary Members

1. The title of Honorary Member may be conferred, not more than ten persons, to outstanding scholars of particular international value in the academic fields referred to in Paragraph 1 Article 4 whose affiliation brings honor to the Association itself.
2. The Honorary Member is appointed by the Board of Management, by secret ballot, by a three-fourths majority of those present and voting, upon recommendation of the Scientific Committee which must be accompanied by a favorable statement from the Board of Guarantors.
3. The appointment is subject to the acceptance in writing of the member concerned.
4. The General Assembly, being present at least three-quarters of its members, can appoint among its Honorary Members an Honorary President for life.

Art. 10 Membership Subscription

1. Each member referred to in Articles 6 and 7 must pay by January 31st a yearly subscription the amount of which is fixed by the General Assembly on proposal of the Board of Management.
2. The yearly subscription is tacitly renewed unless the member decides to withdraw having given notice in writing of his intention by September 30th of each year.
3. The Board of Management may decide to exempt from the payment of membership subscriptions those members who are over seventy-five years of age, and who have been members for twenty years.

Art. 11 Loss of Membership

Loss of membership may be due to the following reasons:

  • withdrawal, by way of communication in writing addressed to the Board of Management by the deadline referred to in Paragraph 2 of Article10;
  • forfeiture, due to omitted payment of the annual subscription fee referred to in Paragraph 1 of Art.10;
  • exclusion, any member may be expelled by the Board of Management if he is deemed unsuitable or likely to hamper the Association’s dignity, or for other serious reasons, duly verified and notified to the member. To this end the Board of Management shall appoint an inquiry committee made up of three members, belonging to the Scientific Committee, the Board of Guarantors, and the Board of Auditors respectively. The Committee shall ascertain the charge and notify it to the member; it shall accept the possible counter-deductions and convey its conclusions to the Board of Management. The deliberation must be made by an absolute majority of those present and voting.

TITLE III

Organs

Art. 12 Organs of the Association

The organs of the Association are:

  • The Board of Management,
  • The President,
  • The General Assembly,
  • The Scientific Committee,
  • The Board of Guarantors,
  • The Board of Auditors;
  • The Permanent Secretary.

Art. 13 The Board of Management

1. The Association shall be administered by a Board of Management made up of three to eight members, elected by the General Assembly among the members referred to in Articles 6 and 7 above.
2. The Board of Management shall be elected for a term of three years and in any case until the annual ordinary Assembly, which shall proceed to the renewal of appointments. Members coming to the end of their term in office are eligible for re-election.
3. In case of resignation, death, forfeiture or any other permanent impediment of one or more members, the Board of Management shall resort to co-optation to re-integrate the Board of Management itself until the deadline referred to in the preceding Paragraph.
4. Unless the Statutes shall provide differently, the Board of Management shall decide by a simple majority of those present and voting by show of hands. In case of equality of votes the President’s vote will prevail.
5. The Board of Management shall appoint among its own members a President, a Vice-President and a Secretary.
6. The offices of President, Vice-President, Secretary and Member of the Board of Management shall be unpaid, except for the reimbursement of the expenses effectively incurred for services rendered to the Association.

Art. 14 Functions and Powers of the Board of Management.

1. The functions and powers of the Board of Management shall concern the scientific activity and the administrative organization of the Association.
2. In particular, the Board of Management shall have power:

  • to pass resolutions concerning the implementation of the Association’s purposes, by taking all initiatives deemed necessary or convenient;
  • to draw up, within three months of the closing financial year, the balance sheet and a forecast budget for the next year to be submitted to the General Assembly;
  • to pass resolutions concerning any financial and estate decision which go far beyond ordinary administration;
  • to exercise the power laid down in Title II;
  • to hire employees and clerks and fix their salary;
  • to draw up the Regulations in order to carry out the provisions laid down in the present Statutes whose observance is compulsory for all the members.

Art. 15 Meetings of the Board of Management

1. The President shall convene the Board of Management whenever he deems it necessary. Special meetings shall be convoked by the President at a justified written request of at least two-fifths of the members.
2. In any case the Board of Management shall meet at least once a year to pass resolutions concerning the final balance and the forecast budget referred to in Paragraph 2, letter (b) of Art.14.
3. he Board of Management shall be called together by way of a communication addressed to its members, either by telegram or electronic devices, at least ten days before the date of the meeting, except for emergency reasons in which case the notice can be reduced to three days. The notice must contain a detailed agenda by items.
4. Unless the Statutes provide otherwise, meetings of the Board of Management shall be valid if at least half plus one of the members are present.
5. Meetings of the Board of Management shall be chaired by the President, or in case the President is unable to exercise his functions by the Vice-President or in the absence of both by the eldest member of the Board of Management of those present and voting. In case the Secretary is unable to exercise his functions, a Member appointed by the President shall certify the drafting of the minutes.
6. Sittings and resolutions of the Board of Management shall be recorded and signed by the President and the Secretary.
7. The members of the Board of Guarantors may participate to the meetings of the Board of Management in an advisory capacity.

Art. 16 The President

1. The President shall have power:

  • to represent the Association in law towards third parties and in trials;
  • to take care of the implementation of the resolutions taken by the Assembly and the Board of Management;
  • to exert, under exceptional circumstances, the functions conferred to the Board of Management, subject to the ratification of the Board itself in the first subsequent meeting after the term in office;
  • to sign the proceedings which binds the Association both towards members and third parties.

2. In case of absence or temporary impediment, the President may delegate the powers referred to in the preceding Paragraph to the Vice-President or in case of either absence or impediment of the latter to the elder member, mentioned in Paragraph 5 Article15.

3. In case of resignation, death, forfeiture or any other permanent impediment of the President the Board of Management shall elect among its members a new President who shall be in office until the term referred to in Paragraph 2, Article13. This provision shall apply also to the Vice-President.

Art. 17 The General Assembly

1. The members referred to in Articles 6 and 7 shall have the right to participate in both ordinary and extraordinary meetings of the General Assembly.
2. The General Assembly shall hold meetings at least once a year, not later than four months after the end of the financial period, to approve the final balance of the previous financial year, to renew the offices and to submit the forecast budget for the running year.
3. Moreover, meetings can be called together any time the Board of Management shall deem it advisable. Meetings of the General Assembly can nevertheless be convoked at the written and justified request of one-tenth of members as stated in Paragraph 1.

Art. 18 Procedures for calling together the General Assembly.

1. Members shall be convened by the Board of Management by a notice in writing setting out the agenda sent to each member also by telegram or e-mail at least fifteen days before the date fixed for the first call.
2. In exceptional cases the term stated in the preceding Paragraph may be reduced to ten days provided the calling is sent either by telegram or by e-mail.
3. As a rule, the General Assembly shall be called together in Rome.

Art. 19 Establishment of the General Assembly and its resolutions.

1. The General Assembly may hold meetings in first call if fifty per cent plus one of the members referred to in Paragraph 1 of Article17 are present.
2. In second call the General Assembly shall be validly convened if members have two-fifths of votes.
3. Extraordinary meetings of the General Assembly both in first call and in second call shall be valid if two-thirds of members referred to in Paragraph 1 of Article17 are present.
4. A member may cast a proxy vote on behalf of another member only after producing a written authorization. The proxy may be conferred also to a member of the Board of Management, provided the proxy does not refer to the resolutions set out in Paragraph 2 of Article17. No member may exercise more than two proxy votes.
5. The General Assembly shall be chaired by the President of the Board of Management or, where not present, by the Vice-President, or in the absence of the latter by the President of the Board of Guarantors. If also this is not present, the General Assembly shall appoint a President. The President of the General Assembly shall appoint one Secretary, preferably it shall be the Permanent Secretary referred to in art. 27.a below.
6. The minutes of the meetings of the General Assembly shall be drafted by the Secretary who will undersign them together with the President. The President shall have power, whenever deems it advisable, to appoint a notary to draft the minutes of the General Assembly, acting this as a Secretary.
7. Resolutions, both in first and second call of the General Assembly shall be taken by fifty per cent plus one of those present and voting.
8. The extraordinary General Assembly shall take resolutions, both in first and second call, if two-thirds of votes are expressed.
9. In the extraordinary General Assembly the functions of Secretary shall be entrusted to a notary chosen by the President.
10. The resolutions taken in accordance with the Statutes shall bind all members even those absent, in disagreement or abstaining from voting.

Art. 20 Voting procedures.

The General Assembly shall vote, normally, by show of hands. For decisions of particular importance, the President may decide that the voting should take place by secret ballot; the President of the General Assembly may, in this case, choose two scrutineers among those present.

Art. 21 Functions and Powers of the General Assembly

The General Assembly shall have the following functions and powers:

- in its ordinary meetings

  •  
  • to discuss and take resolutions on final balances and forecast budgets and on related reports of the Board of Management and the Board of Auditors;

  • to appoint members of the Board of Management, the Scientific Committee, the Board of Guarantors and the Board of Auditors;
  • to fix, on the proposal of the Board of Management, entrance fees and annual membership fees, and the penalties for delayed payments.
  • to take resolutions on the general aims of the Association and on the past and future activity in the sector which falls under its scopes;
  • to take resolutions on any other matter of general interest submitted by the Board of Management and the Board of Guarantors;

- in its extraordinary meetings:

  • to take resolutions on the dissolution of the Association;
  • to take resolutions on the amendments of the Statutes;
  • to take resolutions on the moving of the seat of the Association;
  • to take resolutions on any other extraordinary matter submitted by the Board of Management and by the Board of Guarantors.

Art. 22 The Scientific Committee

1. The Scientific Committee shall have an advisory function and shall propose activities that fall under the purposes of the Association.
2. In particular, the Scientific Committee may submit the designation of sessions of study and research on institutional matters as set out in Paragraph 1 of Article 4; can express its opinion as to the appointment of Corresponding Members; it shall propose the appointment of Honorary Members.

Art. 23 Election of the Scientific Committee.

1. The Scientific Committee shall consist of five members, elected also among non-members. The General Assembly shall be competent for the appointment. The Scientific Committee shall be in office for three years after which members are eligible for re-election.
2. In case of resignation, absence, impediments of one or more members, the Scientific Committee shall proceed to the appointment by co-optation of missing members until the end of the term in office set out in the preceding Paragraph.
3. The Scientific Committee shall appoint a President among its members who shall maintain the necessary contacts with the President of the Board of Management and the President of the Board of Guarantors.

Art. 24 The Board of Guarantors.

1. The Board of Guarantors shall supervise the management and the state of the Association and shall perform such functions in connection with its activities and initiatives and shall monitor the respect of the obligations contained in the present Statutes. It shall moreover perform an advisory function in accordance with Articles 7 and 9.
2. The Board of Guarantors may submit the Assembly projects aiming at the improvement of the management of the Association.

Art. 25 Election of the Board of Guarantors

1. The Board of Guarantors shall consist of five members, appointed by the ordinary Assembly and chosen among the members in accordance with Articles 6 and 7.
2. The members of the Board of Guarantors shall be in office for three years and can be re-elected.
3. In case of resignation or impediment of one or more members, the Board of Guarantors shall proceed to the appointment of the missing members by co-optation among the members referred to in Paragraph 1, until the end of the term in office, in accordance with the provisions under the preceding Paragraph.
4. The Board of Guarantors shall appoint the President among its members whose task shall be that of maintaining the necessary and opportune contacts with the President and the members of the Board of Management.
5. The board of Guarantors shall meet any time the President convenes it, and in any event not less than once by the quarter, or at the request of at least two members.
6. The Board of Guarantors shall participate with one or more members to all the meetings of the Board of Management and in its capacity shall perform an advisory function.

Art. 26 The Board of Auditors

1. It shall be the duty of the Board of Auditors to examine the regularity of the accountancy and control the administrative management of the Association.
2. The Board of Auditors must present a written report on both the final balance and the annual budget provided by the Board of Management.

Art. 27 Election of the Board of Auditors

The Auditors shall be elected by the General Assembly; they are three in number and shall be elected for a term of three years. They can be re-elected and may be chosen, in all or in part, among persons who do not belong to the Association, subject to their specific competence.

Art. 27.a The Permanent Secretary.

The Permanent Secretary shall be appointed by the General Assembly; he shall be elected among the members referred to in Articles 6 and 7 above and shall guarantee the continuity and the orderly development of the internal organization of the Association; he shall provide for organizing the implementation of the scientific initiatives decided by the Organs of the Association. The Permanent Secretary shall be in office until revocation, in the event of loss of membership referred to in Art.11, or his voluntary resignation.

TITLE IV

Assets and Finances

Art. 28 Assets of the Association

The Assets of the Association are made up of:

(a) movables and real estate belonging to the Association;
-estate income;
- revenues referred to in Article 29 below.

Art. 29 Revenues of the Association

1.The revenues of the Association are made up of:

  • membership subscriptions to be paid on admission to the Association for the amount fixed by the ordinary General Assembly;
  • ordinary annual fees in accordance with Article10;
  • possible contributions by the European Union, public administrations, local institutions, credit institutions, other public and private institutions, natural and corporate persons;
  • possible extraordinary contributions fixed by the General Assembly in connection to particular initiatives which involve more available funds than those in the ordinary budget;
  • possible reserve funds coming from budget surpluses;
  • possible grants, donations and bequests by third parties or members given to the Association also for special purposes;
  • voluntary contributions by the members.

2. Funds and proceeds of the Association must be employed in accordance with the resolutions of the Board of Management.

Art. 30 Duration of the Membership Fees

Ordinary membership fees are due to be paid for the ongoing calendar year whatever it might be the time of new members’ admission. Members who shall resign or in any case withdraw are expected to pay membership fees for the ongoing calendar year.

Art. 31 Claims to Social Wealth

Members who shall withdraw or in any case terminate their membership are not entitled to any of the contributions they have brought at any title to the Association.

 

TITLE V

General and Final Provisions

Art. 32 Accounting Year

The accounting year begins on 1st January and terminates on 31st December of each year.

Art. 33 Dissolution and Winding up.

The dissolution of the Association shall be decided by the extraordinary General Assembly which shall appoint one or more liquidators and takes resolutions as to the transmission of the assets to be handed over, in any event, to a scientific institution.

Art. 34 Rules for the Enactment of the Statutes.

The Board of Management shall draft the Rules for the enactment of the present Statutes within the three months following the establishment of the Association.

Art. 35 Rules and Regulations.

What not expressly provided for in the present Statutes shall be subject to provisions regarding the Associations contained in the Italian Civil Code and its Application Provisions under Title II, book I.

Rome, 20/4/1999.

Giuseppe Eusepi

 

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