Constitution of the ICYE European Association
General Assembly, Austria 2008
Amended in Extraordinary General Assembly 2009 in Namur, Belgium

The International Cultural Youth Exchange in Europe“, acronym “ICYE European Association”.

Founders:
The Association was founded by:
Burgherr, Beatrice, teacher, Pelzgasse 1 5000 Aarau (Switzerland), Swiss
Vinciguerra Roberto, civil servant, via Nansen 5, 00154, Rome (Italy), Italian
Coenen Guido, Librarian, Schietbaanstraat 1, 9000 Gent, Bus 9 3600 Genk, Belgian
Pauwels, Rika, opvoedster, Kortreijksesteenweg 13, 9000 Gent , Belgian
Punie Mieke, student, Hasseltsesteenweg 399, 3800 St-Truiden, Belgian

Chapter I: Name, seat, aim, duration
Article 1 Name  
The name of the association is “the International Cultural Youth Exchange in Europe“, acronym ICYE European Association

Article 2 Legal seat 
The legal seat of the association is located in Van Elewyck Straat 35, BE - 1050 Bruxelles Belgium  

Article 3a Aims and purposes
ICYE European Association (hereinafter EA) is an international non-profit youth exchange organisation promoting youth mobility, intercultural learning and international voluntary service. The EA is a regional network within the ICYE federation open to ICYE NCs in European and Mediterranean countries. Besides from this the EA is religiously and politically unaffiliated

The aims of the ICYE European Association are:

• To fight against any kind of oppression, discrimination and prejudices in the world by furthering solidarity and intercultural understanding
• To support the exchange of young persons between nations on basis of reciprocity for long and short-term.
• To be a forum where members share their needs, interests, problems and proposals.
• To co-ordinate the resources of the members for the planning, development and financing of the program of the EA.
• To run activities on issues and developments related to intercultural exchanges and other matters its members are dealing with
• To lobby for ICYE EA and to promote its aims
• To represent its members towards the European bodies
• To further co-operation with European youth movements

Article 3b Duration
The association is founded for unlimited duration

 

CHAPTER II: Members

Article 4 Membership
The association consists of full and associated members. Full membership, including the right to vote at the General Assembly (hereinafter GA), only is the right of full members. The minimum number of full members is three.

Organisations seeking associated or full membership status in the EA shall make a written application to the Executive Committee (hereinafter ExCom) at least 90 days before GA where the application will be considered. Applications shall be sent by the the European Office (hereinafter EO) to the members at least 30 days prior to the GA.

An application for associated or full membership shall be accepted by two-third (2/3) majority of the GA

i. Associated members
Associated membership can be granted to

• An associated or full member of the ICYE International Federation, that wishes to become associated member of the ICYE European Association.
• Membership shall be open to any non-profit making, religiously and politically unaffiliated organisation that shares the aims of the EA as defined in Article 3a of this Constitution, and is willing to be governed by the Constitution of the EA.

Organisations seeking associated membership need to be nominated by a full member and shall submit with its application, a letter of motivation, its original statutes and internal constitution in English and information about its structure, as well as its financial documents (such as closing of the books, budgetary proposals)

ii. Full Members
Full Membership can be granted to

• An associated or full member of the ICYE International Federation that wishes to become full member of the ICYE European Association
•  An associated member of the EA, wishing to become full member of the ICYE EA.

Organisations seeking full membership status in the EA should inform the ExCom about any changes occurred in their status or internal constitution. If any, the ExCom should be provided with a copy of original documents, translated in English.

iii Membership fee.
The General Assembly decides on the membership fee

Article 5 End of Membership
An associated or full member may withdraw at any time from the EA after fulfilling all financial obligations and programme responsibilities to the EA.

The ExCom may propose a suspension or an exclusion of a member from the EA. This will be voted on at the first GA following this proposal by a two-third majority.

 

CHAPTER III General Assembly, Board of Managers

Article 6. The General Assembly
i. The GA is the highest governing organ of the association with the most extended powers and will convene at least once a year to approve of the closing of the books (hereinafter CoB) of the past year and the budget of the upcoming year before the 30th of June of that year.
ii The GA shall be composed of all members of the Association:
Each full member is entitled to one delegate and has one vote.
Each associated member is entitled to one delegate without voting right but having the right to speak.
iii. The invitation and a draft of the agenda shall be composed by the ExCom and sent out by regular letter or e-mail at least 60 days in advance to all its members. It shall contain day, time and venue of the General Assembly.
More detailed information including the agenda, the report and the policy paper from the ExCom, the report from the EO, a statement of incomes and expenses, electoral documents, a budget (proposed budget for the current and coming fiscal year) and the auditor’s report shall be sent by the EO to the members at least 30 days prior to the GA. The General Assembly can take a valid decision on items that were not on the agenda, if all members are present or represented.
iv. The GA has the power to:

• Determine the programme and policies of the EA
• Approve the budgets and accounts of the EA
• Elect and dismiss  the ExCom
• Vote on membership applications
• Decide on the exclusion of a member
• Propose and decide on changes in the Constitution and Rules of Procedure.
• The voluntary dissolving of the association

v. The GA shall:
- Establish the policies and the programme of the EA
- Receive a report of the work of the ExCom and a report of the work of the personnel at the EO
- Decide upon membership fees for members and associated members
- Receive the CoB and approve the new budget
- Discharge the ExCom for the CoB
- Undertake any other measures necessary for the fulfilment of the aims and purposes of the EA
vi Decisions.
The GA can make valid decisions if two-thirds of the existing members of the EA are present or represented during the GA and during the vote.
The GA decides always with a simple majority and with a two-third majority when deciding on the exclusion of a member, voting on membership applications, on a constitutional change and on the dissolution of the association. To change the constitution, a 4/5 majority is required
vii. Constitutional Amendments
Any amendments to the constitution can only be decided upon if changes are mentioned in the agenda which is sent out at least 60 days in advance to the GA and if two-thirds of the full members are present or represented.
If this number is not reached, a second general assembly can be convened and this assembly can make a valid decision, regardless of the number of those present.
If this second assembly decides upon the changes of the constitution, the Civil Court needs to confirm this decision.
For each change of the constitution, a majority of two-third of the present members or of those represented is necessary, also on the second assembly. The change of the aims of the associations can only be changes with unanimous approval.
viii. The Constitution is supplemented by the Rules of Procedure. The Rules of Procedure regulate the conduct of the EA course of business and are minor to the Constitution. They may be amended at the GA by simple majority.
ix. Extraordinary Assembly
An extraordinary GA shall convene when reasons are thereto.
An extraordinary GA can be called upon in writing by the following, outside of the GA:
- The ExCom
- One fifth of the existing full members of the EA
The extraordinary GA shall be convened no later than 60 days after the reception of a request for an extraordinary GA.
Upon request of the ExCom the EO shall send out the summons within 21 days after reception of the request for an extraordinary GA.
The procedures of the GA shall, where applicable, also apply to an extraordinary GA.
x. Minutes and register.
Of each assembly, minutes will be made by the secretary or a member of the board and they will be taken into a special archive. Excerpts of the minutes will be signed by the secretary or a member of the board. At the legal seat of the association, all members have acces to the membership register, as well as the minutes and the decisions of the GA and of the ExCom and of the persons (with or without function in the board) who have a mandate of the association, as well as all bookkeeping of the association. The minutes of the GA or the Extraordinary GA will be sent out not later then 90 days after the GA or extraordinary GA.

 

Article 7 The Executive Committee

• The ExCom is elected by the GA and consists of a Chairperson, a Treasurer, a Third Member and an optional Fourth Member.
• ii. The ExCom acts as a supervisory board
• Members of the ExCom shall be elected for a two-year term, alternating the election of the Chair and Third member and the election of the Treasurer (and fourth member if applicable). No member may serve for more than six years in total.
• Members of the ExCom may be dismissed by two-thirds majority of the GA
• The ExCom decides with a simple majority.
• The ExCom governs the association and represents the association with legal and other deeds.
• A member of the ExCom shall represent the EA at the GA of the Federation of NC’s in the International Cultural Youth Exchange. The ExCom shall ensure a qualified representation of the EA to the GA:
• The ExCom can make valid decisions if a majority of its members are present.

 

• The ExCom shall:
• Carry out the decisions of the GA and implement the policies that it establishes
• Perform any duties assigned to it by the GA
• Propose annual priorities to the GA: the priorities for the ExCom for the upcoming year will be discussed as a point in the GA and any ideas for projects can be voted upon. The implementation of these priorities would be subject to the feasibility of the project and ability of the ExCom and the members committing to the project and helping the ExCom to accomplish this project along their normal tasks.

• All powers that are not appointed by law or by the constitution to the GA will be appointed to the board.
• Of each meeting , minutes will be made, which will be approved at the next meeting.

 

Article 8 The European Office

 

• The ExCom can for certain tasks and daily management give its mandate to the European Office (EO)
• The ExCom appoints the personnel of the EO
• The personnel shall be responsible for all its actions and shall not make decisions which are in contrary with the policies determined by the GA or the ExCom.
• The personnel work under the direction of the ExCom and are accountable to the ExCom. The ExCom can dismiss the personnel.

Chapter IV Finances

 

Article 9
i. The EA shall be financed by:
a) Grants and donations obtained from European, international and governmental institutions,
b) Grants and resources from individuals, private institutions and companies, in accordance with the article I point iii of the present constitution,
c) The membership fees paid by the full and associated members of the Association.

ii. The fiscal year is according to the calendar year. The CoB and the budget will, by the mediation of the treasurer, prepared by the ExCom and presented to be approved to the GA

iii. An auditor proposed by the ExCom shall be appointed by the GA to audit the accounts of the EA each year.

d) With regard to third parties, the EA can only be represented in a legally binding way by the common signature of two board members. Board members who act in the name of the ExCom do not need to prove any decision of authorization towards third parties.

 

Chapter V Dissolution and liquidation

 

Article 10

Except for the case of dissolution by a court or because of legal reasons, only the GA is authorised to decide on dissolution, as defined by the law. The EA may be dissolved at a GA where at least three-quarters of the full members are present. Mandates for members' representation are not valid in this case.The decision to dissolve the EA shall require a two-thirds vote of the existing full members present, provided that notice of the proposed dissolution has been given at least 90 days in advance.In case of a voluntary dissolution, the GA or in case there is none, the judical court appoints one or more liquidators. It also defines the authority as well as the conditions of liquidation. In case of dissolution the assets, after payments of all depts, will be transferred to a non-profit organisation with similar aims. The GA deciding on the dissolvement will decide which organisation will be the benificiary.

 

Chapter VI. :  Legal Notice

Article 11
For everything  not explicitely defined in this constitution, the laws of june 27th 1921, or the replacing law after the foundation of the association, the general juridical defenitions the rules of procedure and the traditions are to be applied.