Name, Seat, Objectives
An association named "Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union" is established.
The registered office of the Association is at the Council of State of Belgium, rue de la Science 33, 1040 Brussels.
The purpose of the Association is to promote within its financial limits exchanges of views and experience on matters concerning the jurisprudence, organisation and functioning of its Members in the performance of their judicial and/or advisory functions, particularly with regard to Community Law.
Within this framework, the Association may initiate or promote studies and publish a review or juridical collections.
Recognizing each others' independence, the Association shall promote contacts and exchanges of information between its Members or Observers and with the European Union authorities.
Every second year in principle, or at intervals to be established by the General Assembly, it shall organise a colloquium to consider matters falling within its terms of reference.
The Association shall set up a data bank, consisting principally of decisions, advices and studies by its Members relevant to the purpose of the Association, reports and conclusions produced during the colloquiums of the Association as well as any other useful information.
The following are Members of the Association: the Court of Justice of the European Communities and the supreme jurisdictions and Councils of State of the Member States of the European Union which are empowered to adjudicate in the final instance in disputes concerning the activities of public administrative bodies or which are acting in an all-round legal advisory capacity as far as the drawing up of normative texts is concerned.
The founders Members are:
|for the European Union||:||the Court of Justice of the European Communities|
|for Austria||:||the Administrative Court|
|for Belgium||:||the Council of State|
|for Denmark||:||the Supreme Court|
|for Finland||:||the Supreme Administrative Court|
|for France||:||the Council of State|
|for Germany||:||the Federal Administrative Court|
|for Greece||:||the Council of State|
|for Ireland||:||the Supreme Court|
|for Italy||:||the Council of State|
|for Luxembourg||:||the Council of State and the Administrative Court|
|for the Netherlands||:||the Council of State|
|for Portugal||:||the Supreme Administrative Court|
|for Spain||:||the Supreme Administrative Court|
|for Sweden||:||the Supreme Administrative Court|
|for the United Kingdom||:||the Supreme Court|
The Jurisdictions and Councils of State similarly empowered of States which are engaged in negotiations with a view to their actually joining the European Union can be admitted as Observers.
Decisions concerning the admission as Observer are made by the General Assembly.
As soon as the State to which it belongs has joined the European Union, the Observer becomes automatically at its request a Member of the Association.
There shall not be more than two Members from each State.
When a State has only one Member in the Association, this Member is entitled to suggest to the General Assembly that another institution of its State which meets the criteria referred to in Paragraph 1, is invited to the deliberations of the Association.
At its request, the invited institution becomes automatically a Member of the Association.
Decisions concerning the exclusion of Members and Observers are made by the General Assembly and require a two-thirds majority of those Members present.
Every Member or Observer may withdraw from the Association by sending a recorded delivery letter to the secretary general of the Association who shall inform all Members and Observers of this decision.
A Member or Observer who withdraws from the Association has no right to its assets.
The General Assembly has power to do anything instrumental to achieving the purpose of the Association.
The General Assembly is composed of all the Members each of whom has one vote. When a State has two Members in the Association, they shall nevertheless have only one vote between them.
Observers attend the General Assembly with a consultative voice.
The General Assembly shall meet by right every two years - in principle on the occasion of the colloquium referred to in Article 3.
Its quorum is half the Members of the Association at the time of the meeting.
Save in exceptional cases provided for in these Articles,decisions shall be taken by a simple majority of the Members present. They shall be notified to all Members and Observers.
The Association shall be administered by a Board.
The Board may take any measure required for the functioning of the Association in the interval between general assemblies.
The Board shall comprise:
- the president,
- two vice-presidents,
- the representative appointed by the president of the European Court of Justice,
- the secretary general,
- the treasurer,
- the auditor.
The president of the Board is, in principle, the president of the jurisdiction or Council of State which is organising the colloquium referred to in Article 3. The two vice-presidents are, in principle, the presidents of the jurisdiction or Council of State which has organised the last colloquium and of the institution which is going to organise the next colloquium.
The secretary general, the treasurer and the auditor are elected by the General Assembly for a renewable period of 2 years.
In order to ensure good co-ordination with the deliberations of the International Association of Supreme Administrative Jurisdictions and subject to reciprocity, the secretary general of that association is invited to meetings of the Board which he may attend with a consultative voice.
The Board shall meet at least once a year and whenever convened by its president.
The quorum of the Board shall be at least half of its Members.
Decisions are taken by a majority of the present Members of the Board. In the case of an equality of votes the president's vote shall prevail.
Minutes of all meetings shall be sent to all Members and Observers of the Association.
In emergencies or when the minor importance of the point under consideration does not justify
calling a meeting of the Board, the president or the secretary general are authorized to ask for the written agreement of the members of the Board.
The secretary general shall be in charge of the general secretariat of the Association.
The general secretariat is in particular responsible for the following tasks:
- he shall set up and manage the data bank referred to in Article 3;
- he shall promote and co-ordinate activities relating to the development of the studies referred to in Article 3 and activities relating to the exchange of experience such as training courses;
- he shall suggest themes for the colloquiums or other meetings of the Association;
- he shall attempt to strengthen the ties between Members and Observers as well as with the European Union Authorities;
- he is responsible for the everyday management of the Association.
Every document binding the Association shall, unless there be express authority of the Board for someone else to sign, be signed by the president, the secretary general or the treasurer who will not have to justify to outsiders the powers they have been granted to this end.
The Board, represented by the secretary general, shall have the sole right to institute, defend and have conduct of all judicial actions concerning the Association
The working languages of the Association are English and French. All documents produced at the Association's expense shall be prepared in these languages.
Finances, budget and accounts
The assets of the Association shall comprise:
- subscriptions from Members and Observers;
- such gifts and grants as may be made by Members or by any public or private person or institution, and in particular by any European Union Authority, as are accepted by the Board,
- receipts resulting from the activities of the Association.
The General Assembly shall determine the amounts of the Members' and Observers' subscriptions.
The financial year of the Association runs from 1st January to 31st December.
The Board approves the budget of the following financial year and, if need be, carries out adjustments of the budget of the current financial year.
The Board shall provisionally settle the accounts for each past financial year approved by the auditor. The Board shall submit the accounts for the past two financial years to the General Assembly.
Amendments to the articles - dissolution of the association
Amendments to the Articles and the dissolution of the Association require a two-thirds majority vote of the General Assembly.
In case of dissolution, the General Assembly shall decide on the transfer of the Association's assets to a similar institution.
The Association shall be governed by the Belgian Law of October 25th, 1919 concerning the international associations with a scientific purpose.