Constitution of the Polish Judges Association "IUSTITIA"

Chapter I

General Provisions

§ 1.

  1. The name of the Association is: Stowarzyszenie Sędziów Polskich "Iustitia".
  2. In international relations, the Association may use the name: the Polish Judges Association ‘Iustitia.’

§ 2.

The Association operates in the territory of the Republic of Poland. The principal office of the Association is in Warsaw. 

§ 3.

The Association may be a member of, and it may cooperate with national and international organisations that have similar aims and adopt similar methods for their implementation.

§ 4.

In accordance with the provisions of this Constitution, the Association may create branches with legal personalities.

Chapter II
Aims and Methods of the Association

§ 5.

The aims of the Association are:

  1. Strengthening the independence of courts and the independence of judges,
  2. Promotion and protection of: civil liberties, rights and freedoms, equal rights of women and men, and actions supporting the development of democracy,
  3. Conducting educational and cultural activities, especially for the development of legal and civic awareness of the society including children and the youth,
  4. Cooperation in the legislative works covering the aims of the Association,
  5. Representing professional and social interests of the judiciary,
  6. Cooperation with national and international lawyers’ organisations, in particular associations of judges, inter alia in support of the European integration,
  7. Supporting members in raising their professional qualifications and acquiring knowledge useful for the performance of the function of a judge,
  8. Fostering integration of the community of judges and providing support and assistance to judges, former judges, including those who are unemployed or retired, including their families that may be in difficult circumstances

§ 6.

  1. The Association undertakes free of charge and chargeable services for the public benefit, which shall not be undertaken solely for the benefit of the members of the Association. The Association also undertakes free of charge activities for the advancement of the aims listed in this Constitution, which are not services for the public benefit.

 

  1. Chargeable activities for the public benefit undertaken by the Association consist of:
    1. organisation of conferences, seminars and trainings, cultural events, organisation of which requires renting accommodation, payment of a lecturer’s fees, meals and other services,
    2. publication activity, in particular publishing legal information briefs and educational materials.
  2. Free of charge activities of the Association for the public benefit include:
    1. organisation of conferences, seminars and trainings,
    2. initiating and maintaining contacts with national and international associations of lawyers,
    3. cooperation with National Council of the Judiciary of Poland, bodies of the central and local governments, and mass media,
    4. small-scale publishing activities, in particular publication of legal information briefs and educational materials,
    5. providing support, including financial support for judges, former judges and retired judges,
    6. organisation of cultural events and other recreational activities.
  3. The Association undertakes any other form of activity in a manner specified in §6 subparagraph 3 and through undertaking other legal actions required for the attainment of the aims of the Association.
  4. The Association does not undertake an economic activity

§ 7.

Chargeable and free of charge activities for the public benefit undertaken by the Association are recorded in a manner that allows for the reporting of revenues, costs and results of these activities. 

 

Chapter III

Members, Their Rights and Duties

 

§ 8.

The Association consists of ordinary and honorary members. 

§ 9.

  1. Judges of general courts, military courts, administrative courts, the Supreme Court and retired judges may be ordinary members of the Association.
  2. The membership of the Association is not terminated upon a loss of the status of a judge, unless the meeting of the branch members decides otherwise in accordance with 14 subparagraphs 2, 3-5.

§ 10.

A person listed in § 9 becomes an ordinary member of the Association upon the submission of a written declaration on joining the Association and readiness to pay membership fees to a Branch Management or the Board of the Association. The membership is acquired on the date of the submission of the declaration. 

§ 11.

  1. A person who has contributed in a special way to the development of the idea of the Association may become its honorary member.
  2. The honorary membership may be granted to a person by the Meeting of Delegates upon the submission of a motion by the Board of the Association or the Branch Management.
  3. A Judicial Assessor, who has been granted the right to fulling functions of a judge, may become a candidate for a member of the Association at the time when he or she submits the declaration specified in 10. The candidate for a member possesses rights and duties equivalent to the full member, except for a passive and active voting rights. The candidate acquires the membership at the time he or she is appointed as a judge.

§ 12.

The membership is terminated as a result of:

  1. the death of a member,
  2. (deleted)
  3. a written resignation from the membership in the Association submitted to the Branch Management,
  4. removal form the list of members of the Association,
  5. expulsion of a member from the Association.

 

§ 13.

 

  1. The removal from the list of members of the Association occurs on the basis of a resolution of the Branch Management in the case of non-payment of the membership fees for a period of six months. Before adopting the resolution, the Branch Management shall call upon the member in writing to fulfil within the period of 1 month his or her obligation to pay the membership fees.

 

  1. The person removed from the list of members may within 7 days from the date of the notification about the removal request that a resolution on this matter is passed by the Meeting of Branch Members. The resolution shall be passed in accordance with § 14 subparagraphs 2- 5.  

§ 14.

 

  1. The Member may be expelled from the Association if:
    1. He or she does not comply with the provisions of this Constitution or the resolutions of the management of the Association,
    2. He or she undertakes actions that are contrary to the aims of the Association,

 

  1. The resolution to expel a member is passed by the Meeting of Branch Members. The motion for the resolution may be submitted by the Branch Management, the Branch Commissioner, the Review Board, or the Board of the Association.  
  1. Upon a submission of a request to expel a member of the Association by the Board of the Association, or any other body empowered to make such a request, the Board of the Association may suspend the member’s rights until the resolution on his or her expulsion by the Meeting of Branch Members enters into force. The resolution on the suspension of a member shall be adopted by the majority of least two thirds of all members of the Board of the Association.
  2. The Meeting of Branch Members may repeal the suspension of the member’s rights by passing of the resolution rejecting the motion to expel the member of the Association.     
  1. The Branch Management delivers a copy of the resolution on the expulsion of the member together with the justification to the member and to the body that submitted the motion within 14 days from the date of the resolution. If the motion was submitted by the Branch Management, the resolution on expulsion is delivered only to the member.   
  2. A person, may appeal against the resolution on his or her expulsion to the Meeting of Delegates within one month of the delivery of the resolution.
  3. A body whose motion to expel a member was rejected, may appeal against the resolution to the Meeting of Delegates, within one month from the date of the delivery of the resolution. If the appeal is submitted by a Branch Management, the period for appeal starts on the date of the resolution.
  4. The expelled person may rejoin the Association after three years from the date of the entry into force of the resolution on his or her expulsion.
  5. In cases specified in § 14 subparagraph 1, instead of being expelled, the member of the Association may be suspended in his or her rights for a period of 6 months to 2 years. The rules specified in subparagraphs 2-5 shall apply accordingly.

 

§ 15.

 

  1. Ordinary members of the Association are entitled to:
    1. passive and active voting rights,
    2. the right to express opinions and submit proposals regarding the activities of the Association,
    3. the right to participate in the work of the Association and other forms of its activity,
    4. the right to assistance from the Association within the framework set out in this Constitution and in the resolutions of the management of the Association.

 

  1. The honorary members are entitled to the same rights as ordinary members, with the exception of the active right to vote.

§ 16.

 

  1. The ordinary members of the Association have the following duties:
    1. compliance with the Constitution of the Association and the resolutions of the management of the Association,
    2. active participation in the activities of the Association and fulfilment of its aims,
    3. timely payment of the membership fees, unless they have been released from this duty by the resolution of the Meeting of Delegates.

 

  1. The honorary members of the Association are obliged to comply with the provisions of this Constitution and resolutions of the management of the Association.

 

  1. The honorary members are exempt from the duty to pay the membership fees.

 

Chapter IV

 

§ 17.

National Management of the Association

 

  1. The bodies of the Association consist of:
    1. The Meeting of Delegates,
    2. The Board,
    3. Review Board.
  2. The terms of office of the Board and the Review Board are three years.
  3. A person cannot simultaneously hold a position on the Board and the Review Board.
    1. Members of the Review Board and members of the Board cannot be: married, in a relationship, in relationship of kinship, affinity or be work subordinates.
    2. The members of the Board or the Review Board cannot hold an administrative post in the Ministry of Justice. The mandate of the member of the Board or the Review Board expires, as soon as, he or she is appointed for an administrative post in the Ministry of Justice.
    3. In agreements or disputes between the Association and a member of the Board, the Association is represented by a member of the Review Board nominated in a resolution of this body, or a proxy nominated in a resolution of the Meeting of the Delegates.
  4. The mandate of the member of the Board or the Review Board expires during his or her term of office upon the expiry of his or her membership in the Association, the suspension of the membership of the Association in accordance with § 14 subparagraph 7, the resignation from the function, or the failure to gain approval of the Meeting of Delegates. Otherwise, the mandate expires on the date of the election of the new management.
  5. If the mandate of the President of the Association expires in the course of his or her term of office, the next Meeting of Delegates shall elect the management.
  6. In the event of the expiry of the mandate of the member of the Board of the Association or the Review Board, the next Meeting of Delegates shall undertake the supplementary elections. The mandate of the member elected in such a way to a management body expires upon the end of the current term of office of that body.
  7. if:
    1. the number of the Board members falls below six during the term of office,  
    2. the mandates of at least two members of the Review Board expire,

The Meeting of Delegates shall be convened within four months from the occurrence of these events in order to elect the new management.

  1. In the cases referred to in subparagraphs 5, 6 or 7, §23 subparagraph 3 does not apply. If these cases arise during the Meeting of Delegates, the elections of the new management, or supplementary elections are conducted at the time of the current Meeting.
  2. In the cases specified in subparagraphs 5 and 7, the terms of office of the Board and the Review Board are shortened accordingly.
  3. Members of the Board and the Review Board may be reimbursed for reasonable costs associated with the performance of their functions. They cannot, however, receive remuneration for conducting activities in connection with the performance of their functions.

§ 18.

  1. The ordinary Meeting of Delegates is convened annually. The Meeting must begin deliberations no earlier than nine, and no later than thirteen months from the date of the closing of the proceedings of the previous Meeting.
  2. The Meeting of Delegates is convened by the Board, and in the case specified in § 17 subparagraph 7 item 1, the Meeting can also be convened by the Review Board, if the Board fails to do so in the prescribed time.
  3. During each ordinary Meeting of Delegates, the Members of the Board of the Association are granted the approval by a simple majority vote for their term of office. In the event that the president or other members of the Board are not granted the approval of the Meeting of Delegates during their term of office, §17 subparagraphs 5-9 apply.

§ 19.

The extraordinary Meeting of Delegates is convened by the Board on its own initiative and within two months from the date of submitting the motion by:

1) The Review Board,

2) a quarter of the members of the Association,

3) a quarter of the number of Branches. 

 

§ 20.

  1. The Board of the Association shall notify in writing the Branches’ Managements about the date and the place of the Meeting of Delegates at least six weeks prior to its date, which is tantamount to notifying all members of these Branches. The Branches’ Managements shall notify their members within two weeks in the manner prescribed in the regulations of the Branches. In the event of an extraordinary Meeting of Delegates, the deadline for notifying the Branches’ Managements is at least 2 weeks and the Branches’ Managements shall notify their members immediately.
  2. The notification must contain the draft agenda proposed by the Board. In the event of the extraordinary Meeting of Delegates convened upon the motion of the Review Board, members, or Branches the draft agenda must contain the items included in the motion. The notification shall be accompanied by a full copy of the resolution referred to in § 21 subparagraph 2.
  3. If the motion to amend the Constitution of the Association is submitted before the Meeting of Delegates, in the form of a resolution of the Meeting of Branch Members or a proposal signed by at least 50 members of the Association, the Board shall include this motion in the draft agenda, and in the case of the refusal the Board sends to the Branches the motion together with the notification referred to in paragraph 1, and justification of its position. The final decision on the inclusion of the motion in the agenda is made by the Meeting of Delegates.
  4. If the Meeting of Delegates is convened by the Review Board, the above provisions shall apply accordingly.

§ 21.

  1. The election of delegates shall be carried out before each ordinary Meeting of Delegates by the Meetings of Branches. The elections are held after the ordinary Meeting of Delegates has been convened, no later than two weeks prior to its commencement. The mandate of a delegate expires on the day of the next ordinary Meeting of Delegates is convened.
  2. The elections are made in the following proportions: one delegate for each specified, started number of members. The number is specified by the body convening the meeting on the basis of the current number of members of the Association, in a manner that the number of elected delegates is as close to 150 as possible. A branch may also elect reserve members, who participate in the Meeting of Delegates in the case it is necessary to substitute a delegate originally elected. The number of delegates elected by a Branch depends upon the number of members of the Branch two weeks prior to the commencement of the ordinary Meeting of Delegates.
  3. The members of the Board of the Association and the Review Board are also the delegates, who retain their status in the case of the expiry of their mandates during the meeting.
  4. The Branch Management shall deliver to a body convening the meeting the list of delegates together with the minutes from the meeting at which they were elected two weeks prior to the commencement of the Meeting of Delegates.

§ 22.

  1. The Meeting of Delegates shall be valid irrespective of the number of participating delegates.
  2. Resolutions shall be passed by a simple majority vote, with the exception of amendments to the Constitution, which require the majority of two thirds of all validly casted votes.
  3. The vote is open except for the vote on the election of the management. In addition, the vote is secret, if one of the members submits such a request.
  4. The members of the management shall be deemed to be elected if they have received the highest number of votes and more than half of the validly casted votes.
  5. If the election of the delegates is inconclusive due to several candidates obtaining the same number of votes, but more than a half of validly casted votes, a supplementary vote relating to these candidates shall be carried out and the decision shall be made by a simple majority vote.
  6. The additional elections are conducted, if the number of people elected in accordance with the rules specified in subparagraph 4 is less than the number of people necessary to be elected for a particular management body.
  7. Only candidates nominated for the first vote participate in the additional elections, however, the candidate who received the lowest number of votes in the previous vote shall not participate.
  8. If all mandates are not filled in the additional elections, the vote is repeated only for the vacant seats and all candidates are entitled to participate.
  9. A valid vote in the elections is a vote in favour, against, or abstaining. In the vote on the election of the management a valid vote is a vote in favour, or against. A vote casted for more candidates than the number of available seats, and a vote casted neither in favour, nor against shall be deemed invalid.

§ 23.

  1. Only items included on the agenda are subjects of the deliberations.
  2. The agenda shall be determined by the Meeting of Delegates.
  3. The agenda may be supplemented with new items after its adoption, if such a decision is made by the two thirds majority vote.
  4. An amendment of the Constitution cannot be placed on the agenda, if it was not foreseen in the draft referred to in § 20 subparagraph 2, or the circumstances specified in § 20 subparagraph 3 have not materialised. The elections of the management shall be included on the agenda only in cases specified in § 17.

§ 24.

The Meeting of Delegates shall, in particular, have the following competences:  

1) the adoption of the programme of activities of the Association,

2) considering the reports on activities of the Board and the Review Board,

3) election of the President and the members of the Board of the Association and the Review Board,

4) giving members of the Board of the Association the vote of approval,

5) adopting resolutions on the establishment of a Branch, determination of its seat and the area of operation, as well as on the dissolution of a Branch,    

6) hearing appeals against the resolutions of the Meeting of Branch Members regarding the expulsion or suspension in the rights of a member of the Association,

7) adopting amendments to the Constitution,

8) settlement of competence disputes between bodies and branches of the Association,

9) determining the amount of fees payable to the Board of the Association,  

10) (deleted),

11) approving financial reports and deciding on the financial result,

12) granting the honorary membership,  

13) adopting the resolution on the dissolution of the Association, 

14) providing a binding interpretation of the Constitution,

15) adopting the regulations of the Meeting of Delegates. 

§ 25.

  1. The Board of the Association consists of ten members, including the President, the Vice-President for Organisational Matters and the Vice-President for Finance.
  2. If the mandates of a member or members of the Board expire during the term of office, the Board shall continue to operate; if due to the expiry of mandates, the total number of members of the Board falls below six, the Board cannot adopt resolutions, except for the resolution on the convening of the Meeting of Delegates.
  3. The Meeting of Delegates elects in one vote the President, and in a separate vote the remaining nine members of the Board. The President may hold the office for the maximum of two consecutive terms.
  4. At the first meeting the Board elects the Vice-presidents referred to in subparagraph 1, and if necessary, may also elect other Vice-presidents and define the functions of other members of the Board.
  5. In the event of the expiry of the mandate of the President of the Association, his or her duties are performed by the Vice-president for Organisational Matters, then respectively by: the Vice-president for Finance, other Vice-presidents, members of the Board, starting with the member with the longest time in office.
  6. If the mandate of the Vice-president referred to in subparagraph 1 expires, the Board shall elect another member for the vacant seat. If the mandate of another Vice-President or a member with a defined function expires, the Board may elect another member of the Board for the vacant seat.
  7. The detailed rules of operation of the Board of the Association and the division of competences between the Board’s members are specified in the regulations adopted by the Board at the first meeting. Until the adoption of the new rules, the regulations of the previous Board shall apply accordingly.

§ 26.

  1. The competences of the Board of the Association include:

1) realising the aims of the Association and managing its current activities;

2) external representation of the Association,

3) implementing resolutions of the Meeting of Delegates,

4) convening of the Meeting of Delegates,

5) adopting the regulations of the Board,

6) preparation of the draft agenda, and the regulations of the Meeting of Delegates, as well as draft resolutions,

7) adopting and implementing the budget of the Association, 

8) keeping the register of the Branches and members of the Association,

9) preparation of financial reports. 

  1. In order to deliver specific activities of the Association the Board may appoint working groups. The rules of operation of the working groups shall be specified in the regulations of the Board.

§ 27.

  1. The President of the Association shall convene the meeting of the Board at least once every two months. If the meeting cannot be convened by the President, the Vice-President for Organisational Matters does it.
  2. The resolutions of the Board are adopted by the majority vote with the participation of at least six of its members. If the votes are equally distributed, the vote of the President decides. Voting may be carried out through technological means of communication.

§ 28.

  1. Declarations of intent on behalf of the Association shall be submitted by two members of the Board, including the President or the Vice-president.
  2. If the declaration of intent creates a financial liability on the part of the Association, one of the persons submitting it must be the Vice-president for Finance.
  3. In matters not requiring the submission of the declaration of intent on behalf of the Association, the President or Vice-president shall represent the Association and within the scope specified by the Board, also other members of the Board. In exceptional circumstances, the Board may authorise also another member of the Association to do so.

§ 29.

  1. The Review Board consist of three members and is the auditing body of the Association.
  2. At the first meeting, the Review Board elects a Chairman from among its members, who directs the work of the Review Board.
  3. §27 subparagraph 2 is applicable to the resolutions of the Review Board; the resolutions are adopted with the participation of at least two of its members.

§ 30.

  1. Competences of the Review Board include:

1) monitoring of compliance with the law and the Constitution of the Association by the Board and the Branches,

2) monitoring of the implementation of the budget of the Association,

3) submitting reports on its activities to the Meeting of the Delegates,

4) the right to participate in an advisory capacity in the meetings of the Board and to submit draft resolutions

  1. The Review Board shall meet at least once every six months.
  2. The Review Board may undertake actions ex officio or at the written request of a member of the Association.
  3. The Review Board adopts its own rules of operation.

Chapter V

Assets of the Association

§ 31.

  1. Assets of the Association consist of:

1) membership fees,

2) donations, grants and subscriptions,

3) income from the activities specified in the Constitution,

4) purchased movable and immovable property.

  1. It is prohibited to:

1) provide loans or securities for loans against the assets of the Association for the Members of the Association, members of its bodies or employees, and persons with whom members, members of bodies or employees are married, in a relationship of kinship or affinity in a straight line, in a relationship of kinship or affinity up to the secondary line, or are related through adoption, guardianship or custody, hereinafter referred to as ‘close relatives’,    

  1. transfer assets of the Association to its members, members of its bodies or employees and their close relatives in accordance with the rules other than those applicable to third parties, in particular if the transfer is free of charge or on preferential terms,

3) use the assets of the Association for the benefit of its members, members of its organs or employees and their close relatives in accordance with rules other than those applicable to third parties, unless such use is directly related to the aims specified in this Constitution.

4) purchase of goods or services from entities, in which members of the Association, members of its organs or employees and their close relatives participate on terms other that those applicable to third parties or at a price higher than the market price.   

§ 32.

  1. The membership fee charged to the Board of the Association is determined by the Meeting of Delegates.
  2. The membership fee charged to the Branch is determined by the Meeting of Branch Members.
  3. The Branch Management collects the membership fees in full and transfers the part referred to in paragraph 1 to the Board of the Association.

 

§ 33.

In the event of the dissolution of the Associations its assets are allocated for the purpose indicated by the Meeting of Delegates.  

 

Chapter VI

Branches of the Association 

§ 34.

Branches of the Association fulfil the aims of the Association in an autonomous manner that is consistent with the decision of their authorities. 

§ 35.

  1. The Meeting of Delegates shall adopt the resolution on the establishment of a Branch at the request of at least ten members of the Association.

§ 36.

  1. A Branch brings together members of the Association who reside or provide court rulings in the area equivalent to a district court. A person can be a member of only one Branch.
  2. In justified cases, at the request of interested members the Meeting of Delegates may create a Branch with a different area of operation, as well as change the area of operation of an existing Branch.

§ 37.

  1. The organs of a branch of the Association are:

1) the Meeting of Branch Members,

2) Branch Management, 

3) Branch Commissioner.  

  1. The terms of office of the Branch Management and the Commissioner are three years.

§ 38.

  1. The Meeting of Branch Members is convened by the Branch Management at least once every six months. The manner of notifying the Branch members about the Meeting is regulated by the regulations of the Branch Management.
  2. The Branch Management shall convene the Meeting of Branch Members also upon a request of the Board of the Association, Branch Commissioner or a request in writing by one fifth of the members of the Branch.
  3. If, contrary to its obligations, the Branch Management does not convene the Meeting of Branch Members, the meeting may be convened by the Board of the Association.
  4. § 22 shall apply accordingly to the Meeting of Branch Members.

§ 39.

Competences of the Meeting of Branch Members include:

1)  adopting the programme of activities of the Branch,

2) electing the President and Vice-presidents of the Branch and the Commissioner,

3) considering the reports on the activities of the Branch Management and the Commissioner,   

4) giving the Branch Management a vote of approval,

5) dismissal of the Branch Management before the expiry of its term of office, by the two thirds majority,

6) electing delegates for the Meeting of Delegates,

7) adopting resolutions on the expulsion or the suspension in their rights of a member of the Association,

8) determining the amount of membership fee charged to the Branch,

9) approving financial reports and deciding on the financial result,

10) deciding about hiring of employees,

11) adopting by the two thirds majority the resolution on the dissolution of the Branch

§ 40.

  1. The Branch Management consists of the President and two to five Vice-presidents, including Vice-president- Treasurer.
  2. The number of vice-presidents is determined by the Meeting of Branch Members prior to each elections of the Board.
  3. If the composition of the Branch Management no longer meets the requirements of subparagraph 1, the Board of the Association shall immediately convene the Meeting of Branch Members to elect new management of the Branch.
  4. If the mandate of a Vice-president of a Branch expires during his or her term in office, the supplementary elections shall be held at the next Meeting of Branch Members. The meeting may decide not to hold elections, if the composition of the Branch Management meets the requirements of subparagraph 1.
  5. The number of Vice-presidents of a Branch may be increased during their term in office in accordance with subparagraph 4.

§ 41.

The Competences of the Branch Management include:

1) external representation of the Branch,

2) implementation of the resolutions of the Meeting of Branch Members,

3) convening the Meetings of Branch Members,

4) preparation of the agenda for the Meeting of Branch Members and draft resolutions,

5) adopting the regulations of Branch Management,

6) adopting the budget of the Branch,

7) keeping the register of the Branch members,

8) preparation of financial reports.

§ 42.

  1. Statements on behalf of the Branch are given either by the Branch President or Vice-president.
  2. Signatures of two members of the Branch Management, including Vice-president- Treasurer are required to validate the incurring of any financial liabilities.

§ 43.

At the first meeting of the Branch Management, the Branch President divides the functions among the Vice-presidents, of which he or she immediately notifies to the Board of the Association.

§ 44.

  1. The Branch Commissioner is the auditing body of the Branch of the Association.
  2. The competences of the Branch Commissioner include:

1) monitoring of compliance with the law and the Constitution of the Association by the Branch Management,

2) monitoring of the implementation of the budget of the Branch of the Association,

3) submitting reports on its activities to the Meeting of Branch Members,

4) the right to participate in an advisory capacity in the meeting of the Branch Management and to submit draft resolutions.

  1. The Branch Commissioner submits reports to the Meeting of Branch Members at least once per year.
  2. In the event of the expiry of the mandate of the Branch Commissioner, the Branch Management shall convene the Meeting of Branch Members to elect the new Commissioner.

§ 45.

In cases which are not regulated differently by the provisions on the Meeting Branch Members, the Branch Management and the Branch Commissioner, the provision regarding the Meeting of Delegates, the Board of the Association and the Review Board, except for § 17 subparagraph 3b and § 25 subparagraph 3 the second sentence, apply accordingly.      

§ 46.

  1. The Branch of the Association may be dissolved by a resolution of the Meeting of Delegates upon the submission of a request by the Meeting of Branch Members or in the case referred to in subparagraph 2.
  2. If the number of members of a Branch is less than ten for a period longer than one year, the Meeting of Delegates shall adopt the resolution to dissolve the Branch. If a member of the dissolved Branch submits that he or she wishes to join another Branch, the Meeting of Delegates may change the area of operation of that Branch in accordance with § 36 subparagraph 2.
  3. The resolution shall specify the procedure for the dissolution of the Branch and the purpose for which its assets are to be allocated.

 

Chapter VII

Final Provisions

§ 47.

(deleted)

§ 48.

  1. The dissolution of the Association requires a resolution of the Meeting of Delegates adopted by the two thirds majority vote with at least two thirds of all delegates participating. In the absence of the required number of delegates, the Board of the Association convenes within two months another meeting of Delegates, which adopts the resolution on the dissolution of the Association irrespective of the number of delegates present.
  2. The resolution shall specify the procedure for the dissolution of the Association and the purpose for which its assets are to be allocated.

§ 49.

In matters not covered in this Constitution, the provisions of the Statute- Law on Associations apply.