In pursuance of Act II of 1989 on the Freedom of Association, and Sections 61 through 63 of Act IV of 1959 on the Civil Code of the Republic of Hungary, and with consideration to the provisions of Act CLVI of 1997 on Public Benefit Organisations, the inaugural meeting of the Fraternal Public Benefit Association of European Roma Law Enforcement Officers adopted the Articles of Association with the following content:
1. Name and registered office of the Association
1.1. Name of the association: Európai Roma Rendvédelmi Bajtársi Közhasznú Egyesület /Fraternal Public Benefit Association of European Roma Law Enforcement Officers
1.2. Registered office of the Association:
Budapest XII., Böszörményi u.21.
1581 Budapest, Pf: 28.
1.3. Emblem of the Association:
In a blue circle, in front of the emblem of the European Union, there is a wheel symbol taken from the international Romani flag with a paragraph sign in the middle.
2. The basic principles and objectives of the Association
2.1. The basic principles of the Association
a) The Association pursues its activities in compliance with Act II of 1989 on the Freedom of Association and Act CLVI of 1997 on Public Benefit Organisations.
b) The Association was set up as an organisation independent of political parties, based on the principle of voluntarism, with an independent management in pursuance of the Act on the Freedom of Association. The Association undertakes to assist law enforcement activities carried out in the spirit of equal opportunities, to develop the relationship between Roma communities and law enforcement agencies, as well as to represent and protect the interests of the members of the Association.
c) The Association is neither engaged in direct political activities, nor does it not support political parties. It does not nominate or support candidates at the general or local governmental elections.
2.2. The objectives of the Association are to:
a) foster the creation of equal opportunities in the law enforcement agencies of countries participating in the establishment of the Association (hereinafter: law enforcement agencies),
b) reduce mutual prejudices between the law enforcement agencies and the Roma communities,
c) increase the number of staff of Roma origin at the law enforcement agencies,
d) improve the life and service conditions of the current Roma staff members,
e) provide assistance in overcoming identity problems,
f) mediate in Roma-police conflicts,
g) participate and be involved in national and international law enforcement training courses in the field of diversity, equal opportunities and the reduction of prejudice,
h) cooperate with national and international organisations,
i) reduce prejudice against the Romas in majority societies, and thereby fostering the national and European integration of the Roma minority.
a) provide services to non-members – within the framework of possibilities -, be engaged in public benefit activities in pursuance of Section 26 c) of Act CLVI of 1997 on Public Benefit Organisations;
b) be involved in education and training, skill development and the dissemination of knowledge,
c) be engaged in cultural activities,
d) protect children and youth, represent the interests of children and youth,
e) promote equal opportunities for disadvantaged groups,
f) protect human and citizens’ rights,
g) protect the public order and traffic safety, be involved in voluntary fire-fighting, rescue work, prevention of disasters,
h) foster the training and employment of social layers disadvantaged on the labour market – including manpower lending – and related services.
MEMBERSHIP IN THE ASSOCIATION
3. Members of the Association can be:
• full members (members with unlimited rights),
• sponsor members (members with limited rights),
• honorary members (members with limited rights).
• Upon the proposal of the Presidency of the Association, the General Meeting may choose an honorary president.
3.1. Full members can be:
any Hungarian or foreign internal policy, judicial or law enforcement agency, or the professional, civil servant, public service and retired members of the staffs of such agencies, legal entities and organisations without legal entities, as well as students maintaining student relationship with these agencies and organisations who accept the Association's Articles of Association, and comply with the provisions thereof.
3.2. Sponsor members can be:
persons who do not belong to any group eligible for full membership, but accept the objectives of the Association. Furthermore, any non natural person having a registered office in an European country who (which) acknowledges and wants to support the objectives of the Association, accepts the Articles of Association and signs the application for membership through its representative can be a sponsor member of the Association.
3.3. Honorary members can be:
natural or legal entities that provide financial or moral support to the implementation of the objectives specified in the Articles of Association though their activities or influence in public life. It is the Presidency's competence to decide about honorary membership.
4. Commencement of membership
In the case of full and sponsor membership, those wishing to join the Association shall submit an application for membership to the Presidency. The preparatory work related to the admission of members is performed by the General Secretary. Admission shall be decided by the Presidency of the Association. After admission, the member’s name shall be included in the register.
5. Termination of membership
5.1. Membership is terminated:
a) upon the member’s death,
b) by voluntary withdrawal,
c) by the cancellation of membership,
d) by exclusion,
e) if a legal entity member ceases to exist without a legal successor.
5.2. The Presidency cancels a member’s membership if the member fails to meet his/her membership fee payment obligations for a calendar year, even after a prior notice.
5.3. The General Meeting may exclude a member of the Association upon a public decision passed by a simple majority of votes, if the member’s actions are contradictory to the objectives or activities of the Association, or seriously violates the provisions of the Articles of Association.
The proposal for exclusion shall be submitted to the Presidency. The Presidency shall present the proposal for exclusion and the Presidency’s written standpoint in the matter at the next General meeting.
The Presidency shall forward its standpoint formulated and explained in writing to the member affected by the exclusion at least 15 days before the date of the General Meeting. The member affected by the exclusion may comment on the Presidency’s standpoint in writing within five days from the receipt of the Presidency’s notice.
The Presidency shall present its standpoint formulated and explained in writing about the exclusion, as well as the comments formulated by the member affected by the exclusion.
The exclusion of any member requires a disciplinary decision.
The General Meeting's decision about the exclusion shall be formulated in writing within 5 days from the end of the General Meeting, and the decision shall be separately communicated – by way of delivery – to the member affected by the exclusion.
The member affected by the exclusion may appeal the General Meeting’s decision in court within 30 days from the receipt of the decision.
The detailed disciplinary regulations will be elaborated later on.
A member of the Association may withdraw from the Association at his/her own discretion. The member shall indicate his/her intention to withdraw from the Association to the Presidency, which shall acknowledge such intention. Withdrawal shall take effect on the date the member announces his/her intention to quit.
THE MEMBERS’ RIGHTS AND RESPONSIBILITIES
6. The members’ rights
6.1. Full members have the right:
a) to participate in the work of the Association and the implementation of the objectives laid down in the Articles of Association. They have the right to be adequately informed, make comments, remarks and recommendations orally or in writing, and to receive response from the bodies of the Association.
b) to ask questions and receive replies from the competent bodies and officials of the Association regarding the operation, objectives, implementation of plans and material and financial status of the entire Association and its managing bodies.
c) to use the services provided by the Association.
d) Full members have voting rights, and they can be appointed and elected for any post of any managing body of the Association.
6.2. Sponsor members have the right:
to attend the General Meeting of the Association with the right to advice, and may be involved in setting the sponsor membership fee by exercising their voting rights.
6.3. The honorary members have the right:
to participate in the General Meeting with the right of consultation.
7. The members’ responsibilities
7.1. Full members are responsible to:
a) implement the objectives and comply with the provisions laid down in the Articles of Association.
b) demonstrate a behaviour corresponding to the resolutions passed by the elected bodies of the Association and the General Meeting.
c) support the Association by paying a regular membership fee.
7.2. Sponsor members are responsible to:
a) comply with the relevant provisions of the Articles of Association.
b) pay the sponsor membership fee on a regular basis.
7.3. Honorary members are responsible to:
comply with the relevant provisions of the Articles of Association.
THE ORGANISATIONAL RULES OF THE ASSOCIATION
8. The General Meeting
8.1. The supreme body of the Association is the General Meeting, which can decide in all issues affecting the Association.
8.2. The ordinary General Meeting of the Association must be convened at least once a year.
An extraordinary General Meeting shall be held if this is initiated by at least one third of the members – indicating the cause and goal of convocation in writing – at the Presidency, or if this is deemed necessary by the Presidency.
The General Meeting of the Association shall also be convened if this is ordered by the court.
8.3. The General Meeting shall be convened by the Presidency. All members shall be invited to the General Meeting so that there would be at least 15 days between the mailing date of the invitations and the date of the General Meeting. The invitations shall also include the agenda of the General Meeting.
8.4. The General Meeting has a quorum if 50% of the members plus one person is present.
8.5. At the General Meeting each person with a voting right shall have one vote.
8.6. The chairman of the General Meeting – if he is not the President - as well as the vote counter and the authenticator of the minutes of the General Meeting shall be elected by the General Meeting by open ballot upon the President’s recommendation.
8.7. If the General meeting does not have a quorum, the General Meeting repeated for such reason does have a quorum in the original agenda items irrespective of the number of members present. The members’ attention shall be drawn to this fact in the invitation to the meeting.
The repeated General Meeting shall be convened within 10 days from the original General Meeting – which was cancelled due to the lack of quorum – and the date shall be indicated in the invitation for the original General Meeting.
8.8. In the absence of a provision to the contrary, the General Meeting shall adopt its resolutions by a simple majority of votes, by open ballot. In case of a tie vote, the chairman shall cast the deciding vote.
The General Meeting shall elect the officials by open ballot.
8.9. The exclusive competence of the General Meeting shall extend to:
a. the establishment and amendment of the Articles of Association,
b. the adoption of the main principles that determine the activities of the Association,
c. opinion-forming in social policy issues related to the members’ interests,
d. setting the budget and the membership fees,
e. establishment and modification of the internal organisation structure of the Association, election, recall or dismissal of the members of the Presidency,
f. election of the chairman and members of the Supervisory Committee,
g. approval of the Presidency’s and the Supervisory Committee’s report,
h. announcement of the merger/affiliation of the Association with/to another social organisation,
i. announcement of the dissolution of the Association,
j. election of an honorary president and members upon the recommendation of the Presidency,
k. decision-making in issues in which it has jurisdiction, as well as in any other issues that are regulated by law.
8.10. The amendment of the Articles of Association, the exclusion of any member, and the dissolution of the Association (merger, liquidation) require the affirmative vote of two thirds of the members present (qualified majority).
9. The Presidency
The Presidency is the operative management body of the Association, which meets at intervals deemed necessary, but at least semi-annually.
The Presidency consists of 13 persons.
The President of the Association and the members of the Presidency shall be elected by the General Meeting.
Members of the Presidency:
Vice-president (4 persons)
General Secretary (1 person)
Presidency members (7 persons)
The General Meeting shall elect the Presidency for two years.
The General Meeting may elect any person who has earned outstanding merits in the implementation of the Association as an honorary president. Such person may attend the Presidency meetings with the right of consultation. The honorary president shall have this right to the end of his/her life.
The Presidency is responsible for organising the implementation of the decisions made by the General Meeting, for representing the Association on a continuous basis, and for organising the implementation of work programmes.
The convocation of the Presidency and the preparation of the Presidency meetings shall be the President's responsibility. The Presidency meetings shall be open for the members of the Association. The Presidency shall hold its meetings through personal presence.
10. The scope of the Presidency
a) The Presidency shall organise and manage the activities of the Association, the tasks related to the protection of the members' interests, the economic/financial and administrative tasks, as well as tasks related to the admission and registration of members.
b) The Presidency shall organise and prepare the General Meetings and the agendas thereof.
c) The Presidency shall develop the Association’s work and event programme, as well as the organisation and management of the implementation thereof.
d) The Presidency can establish committees and working groups.
10.2. The assignment of the member of the Presidency ceases to exist:
a) by resignation,
b) by the General Meeting’s decision on recall,
c) by the termination of membership in the Association,
d) by the expiration of the specified-term assignment.
11. The scope of the President and the vice-President
11.1. The President:
a) management of the work of the Presidency,
b) performance of all the tasks trusted to them by the General Meeting.
11.2. The President’s rights and responsibilities
a) to convene the General Meeting at any time,
b) to make the secretary account about the Association’s funds,
c) to exercise the employer’s rights over the employees,
d) to issue power of attorney to administer financial issues,
e) to conclude contracts with third parties,
f) to enforce the decisions of the General Meeting,
g) to check the handling and utilisation of funds received from the members or third parties under any legal title,
h) to check the documents produced during the operation of the Association.
11.3 The Vice-president’s rights and responsibilities
Should the President be hindered in any way, the Vice-President may fully substitute the President. In case the President is hindered for more than three months, full substitution requires the approval of the General Assembly, too.
12. The scope of the General Secretary
a) The General Secretary shall help the work of the President and the Vice-Presidents.
b) He/she shall exercise the President’s rights in the absence of the latter, on behalf of his power of attorney.
The President may represent the Association by himself.
The President and any member of the Presidency shall exercise the right to issue vouchers in relation to the cash assets and other values of the Association. The bank account related authority to sign shall be exercised jointly by two persons, the President and any member of the Presidency.
14. The committees of the Association
For the implementation of the objectives laid down in the Articles of Association, work within the Association is carried out in committees. Each committee consists of three members, and the committees’ activities are managed by the chairmen of the committees. The chairmen’s tasks and the content thereof are set in the programmes of the approved work and event plans, which can be supplemented with tasks arising from the actual situation.
The committees of the Association:
14.1. The Supervisory Committee
The legal operation of the Association in compliance with the Articles of Association, as well as the efficient and expedient utilisation of cash and in kind assets are supervised by the Supervisory Committee. The General Meeting shall elect a chairman and four members to the Supervisory Committee for a period of two years. Presidency members cannot be elected to the Supervisory Committee.
The scope of the Supervisory Committee:
a) The Supervisory Committee shall continuously supervise the financial management of the Association, draw the Presidency's or General Meeting attention to the revealed irregularities, and shall initiate an investigation in case the financial management discipline is violated.
b) It may ask the Presidency for information related to its activities, it has the right to look into various document, and may attend the meetings of the Presidency and the General Meeting.
THE FINANCIAL ASSETS AND MANAGEMENT OF THE ASSOCIATION
The financial assets of the Association shall comprise of the membership fees and other revenues (voluntary contributions from members, stake-holders and sponsors). The Association may also accept various financial support by complying with the relevant laws.
The full and sponsor members of the Association shall pay a regular membership fee, the basic amount of which shall be determined by the General Meeting. The membership fee shall be paid in a lump sum, by 31 March of each year.
The General Meeting have determined that the membership fee payable by the full and sponsor members shall be HUF 1,000 per year.
In case the Association ceases to exits, its assets shall be used for the support of other similar social organisations in accordance with the objective set by the Presidency.
The members may, on a voluntary basis, pay a higher sum than the basic amount. The membership fee payment liability shall commence on the day one joins the Association.
The Association and its Presidency shall act in pursuance of their budget plan, and have their revenues and expenditures recorded.
In the course of its financial management, the Association shall adequately apply the regulations pertaining to the financial management of social organisations.
In issues not regulated by the Articles of Association the provisions of Act II of 1989 on the Freedom of Association and Act CLVI of 1997 shall be applied.
These Articles of Association shall take effect on the date they are adopted by the General Meeting.
Legal supervision over the operation of the Association shall be exercised by the competent prosecutor’s office.
These Articles of Association contain the text adopted at the General Meeting held on 24 November 2006.
Dated in Budapest on 24 November 2006.
Signatures of two witnesses