Statutes of Youth of European Nationalities (YEN)
§1. Name, Seat and Duration
(1) The association shall be called Youth of European Nationalities, hereinafter
referred to by its abbreviated form, YEN.
(2) YEN shall be an umbrella organisation of European organisations of ethnic
groups, placing its main emphasis on youth work.
(3) YEN is herewith set up as a registered association under Dutch law and
shall have an indefinite duration. YEN will have its seat at the following address:
Stifting Wolwêzen Fryslân, Natalstrjitte 7, Postbus 298, 8901 BB
Ljouwert.
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§2. Purpose
(1) YEN shall work actively for the maintenance and further development of
the language, culture and rights of European ethnic groups. One particular
focal point shall be work with children, teenagers and young adults.
(2) YEN shall support the endeavours of the United Nations and the Council
of Europe to guarantee human rights and fundamental freedoms on the basis
of a unified Europe with a federal structure that grants ethnic groups
the rights of self-administration and preservation of their distinctiveness.
(3) As a matter of principle, YEN shall oppose violence in whatsoever form.
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§3. Means for Attaining YEN's Purpose
(1) YEN shall set out to achieve its Purpose using, in particular, the
following means:
(a) Establishment of a network of minority organisations and members of minorities
throughout Europe;
(b) International exchanges of young persons belonging to minorities;
(c) Organisation of international symposia, congresses, workshops
and cultural and social events for members of minorities;
(d) Organisation of regional conferences and activities;
(e) Publication of printed material and other information regarding minority
groups and matters of concern to them;
(f) Cooperation with minority and youth organisations throughout Europe.
(2) The material resources for achieving YEN's Purpose shall include the following:
(a) Membership fees;
(b) Surpluses from organised events;
(c) Issue and sales of publications;
(d) Projects organised by YEN itself;
(e) Bequests, grants, endowments, legacies and miscellaneous forms of
donation.
(3) YEN shall be a non profit-making organisation. All its objectives shall
be solely in the public interest. Any resources available to YEN shall be used
solely for the Purpose defined in these statutes. Members shall not receive
any appropriation whatsoever from YEN's resources in their capacity as members.
The same shall apply to any member leaving YEN and in the event of YEN being
dissolved or disbanded. No member shall benefit from any expenditure
that is not in conformity with YEN's Purpose or from any disproportionately
high recompense.
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§4. Categories of Membership
(1) YEN shall have ordinary, extraordinary and corresponding members.
(2) Ordinary and extraordinary members shall deposit their statutes with the
Secretary. Any amendments thereunto shall be notified without delay.
(3) Organisations shall only be eligible for membership of YEN, provided they
are democratically structured and support YEN's objectives.
(4) Ordinary membership shall be open to organisations of European ethnic groups
whose membership consists to a considerable extend of members of ethnic groups,
that have youth work as a central activity and in which young people are actively
involved in the activities of the organisation.
(5) For the definition of ethnic groups, established scientific works shall
be consulted. In the event of any disagreement, consideration shall be given
to the fact that matters of concern to minorities take on many different forms.
(6) Should it ever prove impossible for organisations of ethnic groups to operate
in their own home country for political reasons, then it shall be permissible
for an exiled organisation of members of the ethnic group concerned to represent
that group on a temporary basis.
(7) Extraordinary membership shall be open to organisations and institutions
that do not represent an ethnic group in accordance with the above definition,
but whose involvement in the work of YEN appears to make sense and who wish
to work actively for the purpose and interests of YEN.
(8) Corresponding membership shall be opened to private individuals interested
in the work of YEN.
(9) Extraordinary and corresponding members shall have the right to submit
proposals to the General Assembly (GA, §9) and the Central Committee (CC,
§11), but shall not have the right to vote.
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§5. Acquisition of Membership
(1) The General Assembly shall decide by an absolute majority on the admission
of ordinary, extraordinary and corresponding members. Applications, including
a copy of the applicant's statutes, shall be submitted to the Secretary in writing
in one of YEN's official languages at least three months before the General
Assembly at which a decision is to be taken. Apart from unusual circumstances
making a different procedure appear preferable, applicants accepted for membership,
shall at all events, be initially granted extraordinary membership for a period
of at least one year. Applications for YEN membership may be refused without
there being any duty to communicate the reasons therefor.
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§6. Cessation of Membership
(1) It shall be possible for membership to cease:
(a) if a member is dissolved or otherwise ceases to exist;
(b) if the member resigns;
(c) if YEN terminates the membership;
(d) if YEN expels the member.
(2) It shall only be possible for resignation from membership to take effect
at the end of a financial year. Such resignation shall be notified in writing
and shall respect a deadline of at least four weeks. It shall, notwithstanding,
be possible for resignation from membership to take effect immediately:
(a) if it would be unreasonable to expect YEN to allow membership to continue;
(b) within a month of a member learning about or being informed of a decision
decreasing its rights or increasing its duties;
(c) within a month of a member receiving notification that YEN is to change
its legal form or to undergo a merger.
(3) Should a resignation not be notified within the specified deadline, then
membership shall continue until the end of YEN's next financial year.
(4) It shall also only be possible for YEN to terminate membership with effect
at the end of a financial year. Such termination of membership shall be decided
upon by the Executive Committee and shall be notified in writing respecting
at least four weeks' notice. It shall only be possible for YEN to terminate
membership provided if it would not be reasonable to expect it to allow membership
to continue. Should such termination of membership not have been notified within
the specified time limit, then membership shall continue until the end of the
following financial year.
(5) It shall only be possible to expel a member if it has acted contrary to
YEN's Statutes, Rules of Procedure or decisions, if it has failed to pay more
than two annual membership fees in succession despite receiving a formal reminder
so to do or if it has acted against YEN's interests to a serious extent. Expulsion
shall be decided upon by the General Assembly by a majority of two-thirds of
the votes cast.
(6) Whenever membership ceases in the course of a financial year, the member
shall still remain liable for the payment of its membership fees for the whole
year.
(7) It shall be possible for the Executive Committee to suspend a member if
it has acted contrary to YEN's Statutes, Rules of Procedure or decisions or
if it has acted against YEN's interests to a serious extent. It shall decide
on such suspension at an Executive-Committee meeting to which all ordinary members
shall have been invited with at least four weeks notice and at which they shall
have a consultative function. The suspension shall run until the next General
Assembly, when the Executive Committee shall report (as the first substantial
item following adoption of the agenda and approval of minutes)on its reasons
for its action. It shall issue a recommendation on whether to end the suspension,
to continue it for another year or to expel the member concerned.
(8) Members subjected to any of the measures provided for above shall have
no right to appeal before the courts.
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§7. Rights and Duties of Members
(1) Each member shall have the right to participate in all organised YEN events
within the limits of the number of delegates laid down by the Executive Committee
and also to make use of any service provided by YEN.
(2) Those ethnic groups that are represented in YEN shall have the right to
participate in the decisions of the General Assembly with six delegate votes
each and in those of the Central Committee with two delegate votes each. Should
more than one organisation from a given nationality be members of YEN, then
the votes shall be divided equally amongst all such organisations. Should more
than two member organisations have to share voting rights and should they not
be able to agree on how to use them, any disputed votes shall be considered
as abstentions.
(3) Should a given ethnic group be represented by more than one organisation
within YEN, and should one such organisation be unable to attend a meeting,
then it shall be permitted to grant a written proxy to that or those other organisation(s)
from the same minority who is/are able to attend to vote on its behalf.
(4) It shall be the duty of members to do all in their power to promote the
interests of YEN and to refrain from anything that might damage the reputation
and/or Purpose of YEN. They shall abide by the statutes and decisions of YEN's
official bodies. All members shall be required to pay membership fees of an
amount to be fixed by the General Assembly at the end of each calendar year.
If so requested by the General Assembly, members shall furnish evidence that
they have made such a payment.
(5) Any member organisation that is unable to furnish evidence of having paid
its membership fees shall have no right to vote in either the General Assembly
or the Central Committee, unless the Executive Committee authorises an extended
period to pay, an exoneration of the duty to pay or a reduction in the amount.
Applications to this effect shall be submitted to the Secretary by 31 December
of the current financial year at the latest.
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§8. YEN Official Bodies
(1) YEN's official bodies shall be:
(a) the General Assembly (GA)
(b) the Central Committee (CC)
(c) the Executive Committee (Board, Presidium)
(d) the Auditors
(e) the Arbitration Panel
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§9. General Assembly
(1) The General Assembly shall be the supreme body of the Youth of European
Nationalities. The ordinary General Assembly shall be convened once a year.
(2) An extraordinary General Assembly shall be convened if so demanded by one-third
of the ordinary members of YEN or by its Central Committee.
(3) Notice of at least four weeks shall be given for convening each ordinary
or extraordinary General Assembly. Notice shall be in writing and shall specify
the agenda. Any proposals to amend the Statutes shall be sent to members along
with the invitation to a General Assembly.
(4) The quorum for the General Assembly shall be one-half of the ordinary voting
members of YEN. Should more than half of the ordinary voting members fail to
attend, then an extraordinary General Assembly shall be convened and this shall
always be able to take decisions without requiring any particular quorum.
(5) Each ordinary voting member organisation shall have the right to send a
maximum of six voting delegates to the General Assembly. It shall not be possible
to transfer voting rights by proxy to any organisation representing a different
minority group. No one delegate may cast more than two votes. Members of the
Executive Committee shall have no right to vote deriving from that particular
capacity; they may, however, vote as members of their delegation.
(6) The General Assembly shall choose one of its members to act as its Chairperson
for the duration of a meeting.
(7) The General Assembly shall decide on the level of membership fees to be
paid by ordinary, extraordinary and corresponding members, on current activities,
on amendments to these Statutes and on the dissolution of YEN.
(8) The General Assembly shall take its decisions by simple majority except
in those instances in which another majority is specified. Amendments to these
Statutes shall require a two-thirds majority of those present and entitled to
vote.
(9) The election of the Executive Committee shall be by secret ballot. A separate
election shall be held for each individual vacancy. A candidate shall only be
elected if (s)he receives more than fifty percent of the valid votes cast. Abstentions
(blank ballot papers) shall be counted as valid votes. If no candidate manages
to secure a sufficient number of votes to be elected on the first round, a second
round shall be held with the two candidates still willing to fill the vacancy
who secured the largest number of votes on the first round.
(10) The General Assembly shall elect two auditors to serve for a period of
two years. Their function shall be to inspect YEN's financial management and
to submit a report to the General Assembly.
(11) The representatives of national groups whose organisations are ordinary
or extraordinary members of YEN, corresponding members and the Executive Committee
shall all have the right to submit proposals to the General Assembly.
(12) The General Assembly shall be empowered to establish Rules of Procedure
for itself and the Central Committee within the limitations laid down in §19.
(13) The General Assembly shall be public. It may, however, decide to hold
its deliberations in camera.
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§10. Functions of the General Assembly
(1) The General Assembly shall be the supreme official body with YEN. It shall
have the following functions:
(a) to receive and approve the financial report and the accounts to be submitted
by the Executive Committee;
(b) to elect, remove from office and give the discharge to the members of the
Executive Committee and the auditors;
(c) to decide on amendments to the Statutes and the voluntary dissolution of
YEN;
(d) to decide on the acceptance of new members;
(e) to debate and decide on any other points placed on its agenda.
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§11. Central Committee (CC)
(1) The Central Committee shall be comprised of the members of the Executive
Committee and two representatives of each of the ordinary member organisations,
who shall have the right to vote within the limits laid down in §7(2).
It shall not be permitted to delegate the right to vote to any other minority.
If so requested, other persons may attend, provided the Central Committee agrees.
(2) The quorum of the Central Committee shall be one-half of its voting members.
(3) The Central Committee shall take its decisions by simple majority. It shall
only be possible to decide on matters that have been placed on its agenda.
(4) Notwithstanding the preceding paragraph, it shall be possible to table
urgent motions immediately prior to a meeting of the Central Committee; they
shall, however, be in writing. The decision accepting that the matter is urgent
shall be taken by a two-thirds majority of those present with a right to vote.
If the urgency is accepted, the Central Committee shall be permitted to add
the matter to the agenda of a meeting of the General Assembly to follow shortly
afterwards.
(5) The Central Committee shall be convened by the President or ‘ in the
event of his/her non-availability ‘ by the Secretary; there shall be at
least four weeks' notice. It shall also be possible for one-third of the ordinary
member organisations to request that a meeting of the Central Committee be convened.
The invitation to attend shall be accompanied by the agenda and any other relevant
documentation.
(6) The Central Committee shall decide on all matters not expressly reserved
for the General Assembly and shall also help expedite the decision-making process
at the General Assembly.
(7) The Central Committee shall be permitted to set up working parties to deal
with special subjects and to advise itself and the Executive Committee. A report
on the activities of such working parties shall be submitted to the General
Assembly.
(8) The meetings of the Central Committee shall not be public.
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§12. Executive Committee (Board)
(1) The Executive Committee shall be comprised of the President, two Vice-Presidents,
the Treasurer and the Secretary, Each one shall come from a different nationality.
The Executive Committee shall be permitted to call on additional specialists
for particular tasks.
(2) The members of the Executive Committee shall be elected by the General
Assembly.
(3) The President's term of office shall be two years. It shall not be possible
to re-elect a President more than once. The President, one of the Vice-Presidents
and the Treasurer shall be elected during the even calendar years, the Secretary
and the other Vice-President during the odd ones. Should any member of the Executive
Committee cease her/his function before the end of the allotted term, the General
Assembly shall elect a replacement. Such a replacement member of the Executive
Committee shall only remain in office until the end of the original term of
the person (s)he has replaced.
(4) The Executive Committee shall be convened by the President or ‘ in
the event of her/his non-availability ‘ by one of Vice-presidents, the
Treasurer or the Secretary.
(5) The Executive Committee shall have the necessary quorum to take decisions
provided all its members have been invited to attend and at least two-thirds
of them are present.
(6) The Executive Committee shall take its decisions by relative majority;
in the event of a tie, the President shall have a casting vote.
(7) The YEN President shall preside over the Executive Committee; if (s)he
is not available, then the Vice- President elected during an odd calendar year
shall do so.
(8) Apart from expiry of term of office, a member of the Executive Committee
shall lose her/his function through removal from office, resignation, death
or incapacity for office.
(9) At any time, the General Assembly shall be empowered to suspend or remove
members of the Executive Committee from office, stating its reasons. Such suspension
or removal from office shall be decided upon by a two-thirds majority of the
votes cast.
(10) Should a member of the Executive Committee have been suspended and should
the General Assembly at its next session thereafter not decide to remove said
member of the Executive Committee from office, the suspension shall cease. The
suspended member of the Executive Committee shall be required to account for
herself/himself before the General Assembly and shall be permitted to be have
a person to advise her/him.
(11) Members of the Executive Committee shall be permitted to resign at any
time by notification in writing. Such notification shall be addressed to the
Executive Committee or, in the event of the resignation of the whole Executive
Committee, to the General Assembly. Such resignation shall not take effect until
a successor has been elected.
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§13. Functions of the Executive Committee
(1) It shall be the task of the Executive Committee to manage YEN. All functions
that these Statutes do not expressly assign to other official bodies shall be
entrusted to the Executive Committee. Its field of activity shall include, in
particular, the following:
(a) Implementation of decisions adopted by the General Assembly,
(b) Maintenance of contacts with all organisations that are or relevance for
the work of YEN,
(c) Submission of the annual budget and presentation of the financial report
and the annual financial statement,
(d) Convening ordinary and extraordinary General Assemblies and sending out
the appropriate invitations,
(e) Administration of YEN's assets,
(f) Hiring and firing of YEN's employees,
(g) Issue of publications.
(2) The Executive Committee shall be authorised to grant powers of representation
to one or several of its members or to third parties in order to represent YEN
within the limits laid down in such powers.
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§14. Particular Responsibilities of Individual Executive
Committee Members
(1) It shall be the President's job to represent YEN, especially as far as
external contacts with official bodies and other organisations are concerned.
(S)he shall preside over the Bureau. In cases in which there is a risk inherent
in delay, (s)he shall be authorised of her/his own responsibility to adopt measures
concerning matters that fall within the purview of the General Assembly or the
Bureau. Such measures shall, however, require the subsequent endorsement of
the competent official body.
(2) The Vice-Presidents or the Secretary shall represent the President in her/his
absence.
(3) It shall be the duty of the Secretary to assist the President in running
YEN's affairs. (S)he shall be responsible for taking the minutes of the General
Assembly and the Bureau.
(4) The Treasurer shall be responsible for ensuring that YEN financial affairs
are conducted in accordance with its rules.
(5) Whenever a member of the Bureau is absent, her/his functions shall be taken
on by the other members of the Bureau for the duration of such absence.
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§15. Auditors
(1) There shall be two auditors elected for a period of two years. It shall
be possible for them to serve for more than one period of office.
(2) It shall be the responsibility of the Auditors to inspect the financial
management and the accounts. They shall report to the General Assembly on the
outcome of their inspection.
(3) Any auditor who fails to report to the General Assembly either in person
or in writing shall be deemed to have resigned, and the General Assembly shall
proceed to elect a replacement.
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§16. Arbitration Panel
(1) An Arbitration Panel shall rule on disputes arising out of matters concerning
YEN.
(2) The Arbitration Panel shall be comprised of five members. It shall be set
up in such a way that each party to the dispute shall nominate two members by
informing the Bureau at the latest four weeks before the next session of the
General Assembly. The Bureau shall, by simple majority, appoint a fifth member
of the Arbitration Panel to act as its chairperson. In the event of a tied vote,
the chairperson of the Arbitration Panel shall be chosen by casting lots amongst
the candidates. The only persons permitted to act as arbiters shall be delegates
appointed by organisations that are members of YEN.
(3) The Arbitration Panel shall give its rulings by a simple majority. It shall
decide in accordance with the knowledge available to it and in good faith. There
shall be no right of appeal against its rulings.
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§17. Amendments to the Statutes
(1) The only way to amend the statutes shall be by means of a decision of the
General Assembly, which shall have been convened along with the announcement
that an amendment to the Statutes is to be proposed.
(2) Those who have called for a General Assembly to be convened to deal with
a proposal to amend the Statutes shall submit such proposal to the members in
full and in writing at least four weeks before the day announced for the session.
(3) The General Assembly shall adopt amendments to these Statutes be a majority
of at least two-thirds of the votes cast.
(4) Amendments to the Statutes shall only take effect, once they have been
confirmed by a notary public. Any member of the Executive Committee shall be
empowered to seek such notarial confirmation.
(5) The provisions laid down in subparagraphs (1) and (2) of this article shall
not apply provided all those entitled to vote are present or represented at
the General Assembly and that the decision to amend the Statutes is taken unanimously.
(6) The members of the Bureau shall be required to deposit an authenticated
copy of the amendment document as well as a copy of the full Statutes as amended
with the Registry of Associations maintained for such purpose by the Chamber
of Trade and Industry.
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§18. Dissolution
(1) The provisions of Article 17 §§ (1), (2), (3) and (5) shall apply
mutatis mutandis to a decision by the General Assembly to dissolve YEN.
(2) In taking the decision provided for in §1, the General Assembly shall
decide on what use is to be made of any residual YEN assets, which shall comply
as closely as possible with YEN's Purpose.
(3) The General Assembly shall appoint one or several liquidator(s).
(4) Following the liquidation decision, YEN shall remain in existence for as
long as is necessary for the disposal of its assets. During the period necessary
for liquidation, the provisions of these Statutes shall remain in force as far
as possible. In any written document originating from YEN, the words 'in liquidation'
shall be added.
(5) YEN shall cease to exist at that point in time as of when it or its liquidator(s)
are no longer aware of any residual assets. The liquidator(s) shall record YEN's
dissolution of with the Registry specified in §17 (6).
(6) YEN's accounts and documentary records shall be conserved for a period
of twenty years following dissolution. The liquidator(s) shall decide on who
shall be responsible for keeping these records.
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§19. Rules of Procedure
(1) In order to specify further the provisions of §9, (12), the General
Assembly shall be empowered to adopt and amend Rules of Procedure to deal with
matters that or not provided for or are only partially provided for in these
Statutes.
(2) Such Rules of Procedure shall not contain any provisions that are contrary
to the law or these Statutes.
(3) The provisions of §17, §§ (1), (2) and (5) shall apply mutatis
mutandis to amendments to Rules of Procedure.
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§20. Languages
(1) YEN's official languages shall be English, French, Russian and German.
Under exceptional circumstances, other languages may be admitted.
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These statutes were approved at the Easter Seminar in Baja (Hungary) on March
27th 1997. They replace the statutes of April 12th 1995.
