• @Celostatni forum má oprávnění nahrávat
  • @ALL má oprávnění číst
  • @Registrovani priznivci má oprávnění nahrávat
Umístění: Hlavní stránka » law » Návrhy » Charter


The words printed in bold are definitions to be used in interpretation. The italicized sentences of these rules, which were inserted for reference purposes only, shall be disregarded for the interpretation of these rules.

General Provisions

§1 Name and form

(1) The name of the association is (name: such as Pirate Parties International, Pirate International, Pirate Party International or others ). The abbreviation of the name of the association is (abbreviation). The registered office shall be located in (location: such as Bruxelles, Munchen or Prague).

(2) The association is not for profit and shall be entered into the registry (where).

(3) The rights and duties of the association and its members shall be disjunct.

§2 Goals

The goals of the association are to spread the information on the topics of the pirate parties of the world, to help emerge new national pirate parties, and to provide for communication between the existing parties, including solving their disputes.

§3 Members

(1) General rights of members. The association shall have the following two membership categories: Permanent members and admitted members. Both may participate in the debates and nominate candidates for the elections in the assembly.

(2) Association of legal persons. Only legal persons are eligible to the membership. They exercise their rights by their authorized representatives. The association shall consist of no less than three members.

(3) Application. For both categories of membership, a written application signed by the authorized representative of the applicant sent to the decisive body is an indispensable requirement for the beginning of procedure of acceptance or admittance. The applicant must commit to adhere to this charter and decisions taken in accordance with it, and prove his eligibility to membership; the details of the two applications shall be determined by the board. The application for permanent membership is permissible after a six-month's period of being an admitted member unless the assembly exempts the applicant of this requirement.

(4) Permanent members. The permanent members are the founding members that are eligible to permanent membership and those accepted by the assembly. To permanent membership are eligible only political parties that

  • a) adhere to the goals of the association, which they manifest by using an inflection of the word „pirate“ in their name,
  • b) are eligible to take part in the national elections in the state of their origin.

(5) Admitted members. The admitted members are the founding members that are not eligible to permanent membership and those admitted by the board. Admitted members never vote in the assembly.

(6) Termination of membership. The membership is terminated if the member

  • a) loses eligibility to membership (the permanent member first degrades to an admitted member),
  • b) is expelled by the arbitration committee and the ruling is not suspended or it is suspended but the assembly does not repeal it,
  • c) sends the letter announcing termination to the organ which accepted him; the membership is terminated at the end of the year, unless the organ selects an earlier day.


General provisions

§4 Legal provisions

(1) Hierarchy. The legal acts approved by different competent bodies shall be interpreted according to the principle of hierarchy. No provisions of this charter may be construed in a way to nullify the other provisions.

(2) Correctness. An act within the competence of the organ shall be considered valid by other organs, unless declared invalid in a lawful procedure.

(3) Publicity. If the regulations do not specify the contrary, all organs disclose their documents to the public by means of distant electronic access (public) which enable to track the changes. If the organs do not decide otherwise, their sessions are public.

(4) Resolutions. All decisions of the organs shall be contained in resolutions that shall list the names of the members who approved them (except the secret ballot in the assembly), the date, the motion passed, the signature of the chairman and the signature of two verifiers, all from different delegations if possible. The approved regulations and the results of the elections shall be attached to the resolution.

§5 Procedure

(1) Rules of procedure. Collegiate organs adopt their rules of procedure that specify the provisions of internal regulations, and elect their chairman and vice-chairmen. The chairman convenes, opens, suspends, and closes the sessions and meetings of the organ and presides over them to ensure the observance of procedure, communicates to the organ the documents of concern, and informs it about vacancies. In the absence of the chairman the vice-chairmen perform all his functions according to their rank.

(2) Notification shall mean a serious proclamation delivered to all recipients that does not arouse doubts on its credibility. Actions that are prescribed by the internal regulations require notification.

(3) The chairman shall draw up the provisional agenda according to the reason why he summoned the organ and include it in the notification communicated

  • a) 3 days in advance of a vote on a session not at meeting, and
  • b) 30 days in advance of the opening of the meeting of the assembly, and 15 day in advance of the opening of the meeting of the committees and the board.

(4) Agenda. The agenda shall be approved after the debate as soon as possible after the opening of the session based on the debate on the provisional agenda and motions for changes of the agenda of the present eligible members. The approved agenda may be altered only in exceptional and justified cases.

(5) Meeting shall mean a session in person. The organ shall meet at a place approved beforehand. If such provisions are not made, the meeting must take place in the city of the registered office the association. The organ concerned may determine how the members outside of the meeting become present via a teleconference.

(6) Summoning. A session of the organ must be summoned to take place in two months if more than one fifth of the members eligible to vote in that organ petition for it with a provisional agenda, or the secretary asks for it, or there has not been any session for one year.

§6 Voting

(1) Resolutions. In a notified vote or a vote at the agenda of a notified meeting, the organs resolve by a majority of their members present; otherwise by a majority of all their members. A proposal similar to the proposals dismissed may not be tried again in one year since the dismissal.

(2) Alternatives and elections. The following rules apply always with the requirement of the principle of majority:

  • a) If more alternatives are voted on, the option with the most votes is approved. If this were to yield more alternatives, another vote between these alternatives shall decide.
  • b) The elections of officials shall start with determining the number of persons to be elected within the statutory restrains; the determined number of persons with the most votes is elected.

(3) Principal proposals. The proposals designated as principal have to be approved in a principal vote where the majority is more than three fifths. In all other cases the majority is more than one half. Approved principal proposals can be changed or amended only by another principal proposal.

(4) Electronic vote. All debates and voting, unless prescribed at a meeting, takes place primarily electronically with an extended time of voting.

§7 Officials

(1) Salaries. The association relies primarily on voluntary work. Members of the board are not salaried. Others are salaried only if the board provides for it.

(2) Consistency. An official is required to adhere to the goals of the association; if the goals of the association become inconsistent with his own views or other views he is required to represent, he shall resign.

(3) Vacancies. The office is said to be in vacancy, when its official no longer performs his functions due to the end of his term, resignation, arbitration committee ruling, illness or other reasons. The information on vacancies shall be communicated to the chairman of the organ.

(4) Voting term. The elections take place once the position is vacant or in 30 days before the end of the term. The officials are elected for a two year term, which starts once the position is vacant and the voting committee announces the results of the elections. To a collegiate organ (board and committees) a substitute is elected.

Specific provisions

§8 Assembly

(1) Supremacy. Assembly is the supreme body of the association. Every permanent member has one vote in the assembly.

(2) Delegations. Every member sends a delegation to the session of the assembly with no more than five representatives. If the credential do not specify the head of the delegation and the delegation does not concur, the vote is considered as abstain.

(4) Credentials. The statutory body or the competent organ of the member shall send the credentials of his representatives to the chairman of the assembly if possible not less than one week before the opening of the session. Unless the credentials specifies to the contrary, they are valid until repeal.

(5) Regular vote. The assembly has the exclusive power to:

  • a) elect and recall the chairman and from two to four vice chairmans of the assembly,
  • b) elect and recall officials: members of the board, the secretary, the heads of the departments, and the members of the committees, and their substitutes,
  • c) establish and dissolve the committees and the departments and determine their task,
  • d) accept new permanent members,
  • e) repeal any decision of the organs of the association regardless of their exclusivity if a third of the permanent members of the association proposes it to the chairman in two weeks since the legal force of the decision; this proposal suspends the enforcement of the decision. The assembly shall either decide on the repeal at the closest session, or the decision shall be executed,

(6) Principal vote. The assembly has the exclusive power in principal vote to:

  • a) set dues for permanent members,
  • b) decide on the dissolution of the association, change and amend this charter including the goals of the association, all provided that such proposals were notified and approved at a meeting.

(7) Secret ballot. A secret ballot is used in elections or if any eligible voter asks for it before the voting starts.

§9 Specific organizational forms

(1) There shall be two organizational forms of organs: committees and departments. They shall be perform their tasks and follow their statutes passed by the board. These provisions shall apply to the organs presumed by the charter subsidiary.

(2) Committees. Committees are collegiate organs of the association that shall be staffed by three to seven natural persons as the members of the committee. The committee may admit assistants who are not considered members of the committee. The committee shall choose the chairman and the vice-chairman from the members of the committee.

(3) Departments. Departments are monocratic organs of the association that shall be staffed by a natural person as the head of the department. The head shall decide all matters of the department. The board may veto his decision to accept members of the department and authorize them to perform functions of the department.


§10 Separation of powers

A natural person may

  • a) be in one branch as prescribed bellow only,
  • b) hold at most one office as a chairman of a committee, the head of a department, the secretary, the chairman and the vice chairman of the assembly.
  • c) hold at most two positions elected by the assembly.
§11 Legislative

(1) Board. The general power to set rules for the organization and to accept political statements in the name of the association (legislative power) shall be vested into the board. The board shall have between ten and thirty members. Considering the motions of newly created committees that perform specific legislative powers according to their task, the board may only accept or reject them.

(2) Exclusive powers. The board shall have exclusive powers to

  • a) set the dues for the different classes of admitted members,
  • b) approve the statutes of committees and departments,
  • c) approve the budget rules and the management rules,
  • d) approve every year the budget and the results of management.

(2) Participation of executives and permanent members. One natural person named by each permanent member not represented in the board, the secretary, the heads of department and the representatives of the committees shall be admitted with the right to participate in the debate without the right to vote.

(3) Right to move. The right to move in the board is reserved for the present representatives of the organs of the association, and for a group of more than three members of the board.

§12 Executive

(1) Secretary and the heads of department. The executive powers shall be vested to the secretary who is the head of the association and to the heads of department who assist the secretary according to their specific tasks.

(2) Exclusive powers. The secretary shall exclusively

  • a) be the statutory organ of the association,
  • b) put forward the budget and the results of management,
  • c) appoint and dismiss the interim executive officials for vacant offices until a new official is elected,
  • d) appoints the interim secretary in case the office of the secretary becomes vacant,
  • e) address the assembly with the annual report on the functioning of the association.

(3) Actions of the heads of department which exceed mundane administration shall be done in cooperation with the secretary agreed or described in the statutes. The existence of the media, administration, technical and financial departments is mandatory.

(4) Interim officials are limited to the actions necessary for proper functioning of the their offices.

§13 Judiciary

(1) Review bodies. The power to resolve disputes shall be vested to the arbitration committee that always decides on the initiative of the audit committee. The review bodies act according to the principles of democratic judiciary with respect for the rights of the members, proportionality and subsidiarity, and do not side with anybody.

(2) Cooperation. All other organs are required to cooperate with the review bodies to the extend needed for the proper exercise of their functions. A complaint may be regulated with a fee to be returned if the complaint is not obviously unfounded. The complainant may participate in the investigation.

(3) Audit committee. The audit committee is the controlling organ of the association. The audit committee

  • a) supervises the management and the adherence to the law and regulations of the association ex offo,
  • b) investigates disputes and complaints related to the association,
  • c) advances to the arbitration committee together with the results of investigation the complaints that are not obviously unfounded, disputes between members, and accusations resulting from the supervision.

(4) Arbitration committee. The arbitration committee decides the disputes between natural persons, organs of the association, and the members. The arbitration committee decides exclusively on the initiative of the audit committee, except when this committee does not exercise its function and always hears the sides of the dispute. The arbitration committee

  • a) issues a preliminary ruling in an urgent matter,
  • b) declares matters of fact when necessary for the functioning of the association,
  • c) decides on the restrictions on persons who breach the regulations including exclusion of a member, degradation of an official and his further incapability to be elected,
  • d) decides on the validity of legal acts of the organs of the association,
  • e) may answer the preliminary questions of the organs and individuals about the interpretation of the charter and the regulations; such answers act through their persuasiveness only.

(5) To avoid the denial of justice, the member of a review body may not abstain in the vote and in case of equality of votes the vote of the chairman decides.


§14 Management

(1) Budget. The organs manage property according to the budget and the economic rules set by the board. All financial management including costs and income must be public.

(2) Dues. The permanent members pay dues only if this is provided for; the incapacity of permanent members to pay dues shall not effect the rights and duties of the officials and delegates. The dues of the admitted members shall be governed by internal regulations of the board. The dues may be collected only when the membership starts or in the beginning of the new year.

(3) Liquidation. If the assembly has resolved to dissolve the association and has not specified to the contrary, the secretary shall appoint the liquidator and the use of the liquidation balance shall be determined by the board in accordance with the goals of the association.

§15 Authorization

(1) All legal actions in name of the association must be done by the secretary or other person properly authorized.

(2) Mandatory authorization. The secretary must authorize without delay

  • a) the heads of department to perform the mundane duties within their competence and with the provision that they may delegate this authorization to other persons within the limits specified in the authorization certificate, and
  • b) the chairman of the assembly to notify whom it may concern that the assembly has recalled the secretary or elected a new secretary with the provision that he may delegate this authorization to the vice-chairmans of the assembly.
© Piráti, 2016. Všechna práva vyhlazena. Sdílejte a nechte ostatní sdílet za stejných podmínek. Podmínky použití.