THE CONSTITUTION OF THE EUROPEAN ANTI-DISCRIMINATION COUNCIL

THE CONSTITUTION OF THE EUROPEAN ANTI-DISCRIMINATION ASSEMBLY



CONTENTS



SECTION



1. Preliminary Provisions

2. Definitions

3. Aims and Objectives

4. Powers and Related Financial Controls

5. Constitution, Duties, Procedures and Responsibilities of Assembly

6. The Executive

7. Membership and Fees

8. Membership Rights and Privileges

9. Honorary Members

10. Amending the Constitution



THE CONSTITUTION OF THE EUROPEAN ANTI-DISCRIMINATION COUNCIL



1. PRELIMINARY PROVISIONS

1.1 The name of the organisation is The EUROPEAN ANTI-DISCRIMINATION ASSEMBLY
herein referred to as the EAC or the Institute.

1.2 This document may be cited as the EAC Constitution 2005 First Amendment of 2007,
herein referred to as this constitution.

1.3 This constitution hereby rescinds all constitutional resolutions of the EAC prior to
this date.

2. DEFINITIONS

2.1 In this constitution, unless inconsistent with the plain meaning of the words:

"Executive" means the Boar of Directors,

"Assembly" means the Assembly of the EAC pursuant to section five;

"Eligible person" means a person paying affiliation or membership fees;

"Executive decision", "Executive directive" and "Executive resolution" are references to an agreement reached between the members pursuant to section six;

"Affiliated organisation" means a EU, state or territory association affiliated with the EAC;

"Individual member" means a person who has currently membership in the Institute;

2.2 A reference in this constitution to a thing which may or shall be done is a reference to a thing which may be done by Assembly, and if not done, may or shall be done by Executive resolution.

2.3 In all other respects, the provisions of this constitution are subject to the ordinary principles of statutory interpretation.

3. AIMS AND OBJECTIVES

3.1 The aims of the Institute are to:

(a) perform a cohesive role amongst Anti-Discrimination Entities in the EU ;

(b) encourage and promote all facets of Anti-Discrimination ;

(c) provide a EU wide focus for all such activity;

(d) provide a forum and opportunity for the exchange of ideas for all people working in The EU on aspects of Anti-Discrimination , and to provide advice and assistance for all such people; and

(e) uphold and promote the EU Policies for Anti-Discrimination.

3.2 In pursuit of these aims, the Institute shall:

(a) represent and speak for Anti-Discrimination in The EU and for The EU Anti-Discrimination in an international context;

b) liaise with other organisations working in relevant fields,

(c) produce publications and other materials as deemed appropriate by Assembly or by Executive resolution;

(d) actively encourage research in Anti-Discrimination , and provide a forum for the presentation of papers in this area and their publications;

(e) conduct EU and regional conferences for Anti-Discrimination as deemed appropriate by Assembly or by Executive resolution;

(d) actively encourage research in Anti-Discrimination , and provide a forum for the presentation of papers in this area and their publication;

(e) conduct EU and regional conferences for Anti-Discrimination as deemed appropriate by Assembly or by Executive resolution;

(f) provide consultative services on such aspects of Anti-Discrimination as are deemed appropriate by Assembly or by Executive resolution.

4. POWERS AND RELATED FINANCIAL CONTROLS

4.1 For the pursuance of the aims, the officers of the EAC may, subject to Executive directive:

(a) apply the funds of the Institute;

(b) make and accept offers and enter into agreements;

(c) acquire interests in real and personal property;

(d) incur and discharge, accrue and charge debts;

(e) invest funds; and

(f) take other appropriate measures

and they will be indemnified in these actions by the existing funds of the Institute.

4.2

For the purposes of paragraph (e) above, and investment of funds shall be confined to an investment of funds with;

(a) a trading bank or savings bank operating under Commonwealth legislation;

(b) a state bank;

(d) a money market corporation;

(e) a cash management trust;

(f) a credit union; or

(g) a building society.

4.3 Authorities to transmit funds in the name of the Institute shall be with two members of the Board of Directors.

4.4 Officers acting pursuant to a power conferred by this section do so on behalf of the EAC and not in any personal capacity.

5. CONSTITUTION, DUTIES, PROCEDURES AND RESPONSIBILITIES OF ASSEMBLY

5.1 The Board of Directors is the governing body of the Institute.

5.2 Assembly shall;

(a) decide broad policy on means of achieving the objects of the Institute within any limits laid down in this Constitution;

(b) receive monies from all appropriate sources including fees, subscriptions and levies, and allocate part or all of these monies in such manners as the Executive deems fit;

(c) The following Assembly officers may be appointed biennially at the Annual General Meeting, the Honorary Treasurer and the Honorary Secretary;

(d) make such regulations and do all such things as it deems necessary for the proper governing of the Institute.

(e) elect the members of the Board of Directors

(f) nominate officers for different purposes and bestow on them all necessary titles and empowerments (e.g. state or territory co-ordinator)

(g) bestows any titles and honorary positions as deemed appropriate

5.4 At the Annual Meeting of Assembly:

(a) the Executive shall present a statement sighting fiscal and/or executive decisions.

(b) Assembly members shall present such reports as are required by this Constitution or the List, and shall report generally on their activities during the year;

(c) Assembly may appoint the Research Assembly Chairperson, the Journal Editor, the Conference Directors, Membership Officer and other officers as required; and

(d) subject to this Constitution, Assembly may deal with any other matter.

5.5 Any position for which there is more than one nomination shall require an election by Assembly and shall be so done by a secret ballot.

5.6 Subject to this Constitution, Assembly may regulate its own procedure and set its own agenda; Assembly may make and amend standing orders by resolution.

5.7 The Annual Meeting of Assembly for the year passed shall be held during the EU Conference for that year, provided that where it is resolved not to hold a EU Conference in a year, the date of the Annual Meeting of Assembly for that year shall be prescribed at the preceding Annual Meeting.

5.8 At the request of at least Ľ of the members of the Assembly, a special meeting of Assembly shall be convened.

5.9 Assembly shall have the power to form sub-committees to deal with special aspects of its business.

5.10 The Honorary Secretary of the EAC is responsible for:

(a) giving to members of Assembly at least 7 days' formal notice of any meeting of Assembly, including the Annual Meeting of Assembly;

(b) providing members at the time formal notice is given with adequate, sufficient and accurate information as to what business will be conducted by Assembly;

and

(c) informing members at the time formal notice is given as to their rights vis-a-vis Assembly and inter se pursuant to this Constitution.

5.11 Deadlines and formal notification

Formal notice can be given
- by letter
- by e-mail
- verbally

5.12 Voting

All decisions shall be taken by single majority. Abstentions will not be counted in.

A vote can be taken in person or by proxy (i.e. by phone, by fax or any kind of delegation – proxy must be member of the Assembly).

5.13 Participants at the General Assembly
Participants at the General Assembly are such members who are eligible to vote.

6. THE EXECUTIVE

6.1 For the performance of duties specified in this Constitution, the execution of the List and the execution of Executive decisions, the following officers shall comprise the Executive of the Institute: the Members of the Board

6.2 The Executive shall meet at least two times each calendar year and may utilise tele-links (phone conferencing e.g.) as deemed necessary.

6.3 At all meetings of the Executive a quorum of two members is neccessary.

6.4 In addition, an Executive Officer may be appointed on such terms and conditions as seem fit, to:

(a) generally perform duties assigned by the Executive: and

(b) take charge of the staff of the EAC.

6.5 The office of a member of the Executive shall become vacant by the member:

(a) resigning their office by notice in writing;

(b) dying or becoming of unsound mind;

(c) ceasing to be a financial member of the organisation;

(d) absenting themselves for three consecutive months from meetings of the Executive without leave of absence or a suitable apology being tendered;

(e) conduct unbecoming of an officer of the EAC.

6.6 The Assembly decides on vacancies.

7. MEMBERSHIP AND FEES

7.1 There are five types of members of the Institute: Individual Members, Institutional Members, Affiliated Members, Affiliated Organisations and Corporate Members.

7.2 Individual Members shall be those persons having current paid-up membership in the Institute at rates determined from time to time by Executive. Special rates can be determined by the Assembly.

7.3 Institutional Members shall be those educational institutions or other institutions having current paid up membership in the Institute at rates determined from time to time by the Assembly.

7.4 Affiliated Members shall be existing members of a EU, state or territory Anti-Discrimination organisation affiliated with the EAC or individual persons.

7.5 Affiliated Organisations shall be EU, state or territory Anti-Discrimination organisations affiliated with the EAC.

7.6 Corporate members shall be those organisations having current paid up membership rates as determined time to time by the Assembly.

7.7 Approval for a EU, state or territory Anti-Discrimination organisation to become an affiliate of the EAC will be determined upon application to Assembly.

7.8 Applications for Affiliation should include:

(a) a copy of the constitution of the organisation;

(b) a statement of the aims of the organisation, which should be in harmony with those of the EAC;

(c) the current membership number;

(d) details of membership fees charged;

(e) an outline of publications and activities;

(f) a list of executive officers and members of the governing body of the organisation; and

(g) current registered address

7.9 Approval for a corporate organisation to become a member of EAC will be determined upon application to Executive:



(a) a copy of mission statement/charter of organisation;

(b) as for 7.8;

(c) outline of corporate services; and

(d) list of executive officers and members of governing body of organisation.

8.0 MEMBERSHIP RIGHTS AND PRIVILEGES

8.1 Individual Members of the EAC may vote at the Assembly.

8.2 Affiliated Members shall be members of Affiliated Organisations or individually affiliated persons. They are not eligible to vote. They are eligible to hold office.

8.3 Corporate Members will be recognised as seen worthy of their contribution. They are not eligible to vote. They are eligible to hold office.

9. HONORARY MEMBERS

The Assembly may appoint Honorary Members on any tenure from one year to life in recognition of such persons' contribution to Anti-Discrimination. The honorary members are not eligible to vote. They may hold office in the EAC.

10. AMENDING THE CONSTITUTION

Any amendment to the provisions of this Constitution shall be made by the Assembly only after 14 days' notice thereof has been forwarded to all members of the Assembly specifying the nature of the proposed amendment and upon the vote of two-thirds of those present and voting at such meeting.

London, 19 October 2005
Revised: 04 September 2007