Statutes of Erasmus Student Network AISBL Approved in Prague, 2007.
Erasmus Student Network Statutes
Statutes of ESN AISBL Moniteur Belge
Erasmus Student Network Statutes in French
PREAMBLE
Erasmus Student Network is based on the idea of cultural tolerance and exchange. We - the representatives of ESN sections - are convinced that solutions, guided by this idea, can and have to be found for every appearing problem and challenge.
1. NAME OF THE ORGANISATION
The name of the organisation is Erasmus Student Network, hereafter called ESN. ESN received its name and spirit from Erasmus who originated from Rotterdam, The Netherlands and today symbolises student mobility. ESN is an international non-profit association, founded in Copenhagen on the 10th of February 1990 and legally registered in Belgium on the 30th of November 2005. The organisation has its official seat at Rue du Trône 98, Brussels, Belgium.
2. AIMS
2.1 ESN aims at working in the interest of students who are spending part of their professional education at a higher education institution in a country other than the one in which their home institution is based, by means of:
2.1.1 Improvement of the social and practical integration of exchange students at their host institutions.
2.1.2 Representation of the needs and expectations of exchange students on the local, national and international level.
2.1.3 Provision of relevant information about academic exchange programmes and ESN resources.
2.1.4 Reintegration of homecoming students by making them active in the network.
2.1.5 Contribution to the evaluation of different exchange programmes.
2.2 ESN aims at concerning itself directly or indirectly with these goals, defined as broadly as possible.
2.3 ESN aims at creating conditions for better understanding of each other’s cultures and national habits, between students of different nationalities.
2.4 ESN is a non- political organisation, and works without:
2.4.1 Connection to political parties or systems;
2.4.2 Commitment to specific political thoughts or ideologies.
2.4.3 Connection to any religious or confessional groupings.
3. STRUCTURE
The official bodies of the Organisation are the National Boards, hereafter called NB, the Annual General Meeting, hereafter called AGM, the National Platforms, hereafter called NP, the Regional Platforms, hereafter called RP, the Council of National Representatives hereafter called CNR, the Council of National Delegates, hereafter called CND and the Board. Of these bodies the AGM, NP´s, the CNR and the Board are the decision- making bodies.
4. MEMBERSHIP
4.1 Any student organisation, which operates legally and in accordance with the principles and aims of ESN, can apply for membership. That organisation will be represented as such by its president or other legal entity and will be legally based in its country of origin.
4.2 An application for membership of ESN has to be presented by the applying section
4.2.1 To the National Representative hereafter called NR of the corresponding country or to the coordinator of the CNR, if the country has less than 2 active sections.
4.2.2 To the NR or NB of the corresponding country, if it has at least 2 active sections.
4.2.2.1 The NP has the right to approve and expel sections from its national network.
4.2.2.2 The approval or the expulsion of a section requires a 2/3 majority of the votes.
4.2.2.3 The NR has to inform both the International Board and the CNR about an expelled or approved section in his/her country within 4 weeks from the decision.
4.2.2.4 Approval or exclusion of a section from the national network affects the membership to ESN International.
4.2.2.5 The CNR can revise the approval or exclusion of a section, on request.
4.2.3 An accepted organisation shall be known as a “section”. It has the right to vote at the Annual General Meeting, and to propose candidates for the post of National Representative, hereafter called NR and for the Board.
4.2.4. All the individual members of the approved sections are considered individual members of ESN.
4.2.5 A section has to appear as being part of ESN International and should promote its membership whenever possible.
4.2.6 In order to appear as being a part of ESN International a section may use the official ESN International Corporate Design.
4.2.7 In addition to already existing names and logos, sections can use the official ESN International logo and name.
4.3 A section can be excluded if:
4.3.1 It works in ways that are incompatible with the spirit and aims of ESN.
4.3.2 Its membership fee is more than one year overdue.
4.4 At least one month before the meeting of the competent official body where the section will be excluded, that section must be contacted in writing and be informed of their imminent exclusion.
4.4.1 The section will, from that date have three weeks to respond to the proposal of exclusion.
4.4.2 A response has to be taken into consideration for the eventual exclusion.
4.5 An excluded section may reapply for membership at the earliest twelve months from the date of exclusion.
4.6 A section may withdraw by sending a written notice to the National Board or their National Platform.
4.6.1 Any obligation, monetary or other, accepted by the section must be fulfilled before sending a letter of withdrawal.
4.6.2 The withdrawal will be effective from the date of mailing.
4.7 The Board may extend associate membership to student organisations who wish to cooperate with ESN without being a full member section.
4.7.1 Associate members are not entitled to vote at the AGM, to field candidates for posts in ESN’s formal structure, or to use the name of the organisation.
4.7.2 The Board can revoke associate membership.
5. NATIONAL BOARDS
5.1 A NB has the same rights and duties like a member section unless stated otherwise.
5.2 A NB works in the interest of the sections in its country.
5.3 It is a National Platform free will to set up its NB.
5.4 The National Platform, according to its procedures and statutes, has to approve statutes and can approve budget, action plan, vision and strategy of the NB.
5.5 A minimum of 3 sections in a country is required in order to set up a NB.
5.6 A National Platform, according to its procedures and statutes, elects the members of its NB.
5.7 A minimum of 3 people constitute a NB.
5.8 The National Representative is member of the NB.
5.9 The NB has no vote at the AGM but the right to speak.
5.10 A NB does not have to pay membership fee to ESN International.
5.11 A NB can raise additional national membership fees from its sections. The National Platform has to approve the national membership fee.
5.12 A NB has to ensure the communication and collaboration between its member sections.
5.13 A NB has to enlarge and strengthen the national network.
5.14 A NB is responsible for national Public Relations and contacts.
5.15 A NB is responsible for the National Platform being organised.
5.16 A NB has to provide its National Representative with the financial and other resources necessary to fulfil his/her tasks, according to the statutes of the NB, if he or she has no support from other sources. The support depends on the NB’s own resources.
5.17 A NB has to appear as being part of ESN International by using the official ESN International Corporate Design.
5.18 Already existing names or logos that differ from the official ESN International Corporate Design can be used in addition
6. ANNUAL GENERAL MEETING
6.1 The Annual General Meeting is the highest decision making body of ESN, and must be convened by the Board once every year.
6.1.1 One third of the National Representatives can call an Extraordinary General Meeting.
6.1.2 The organising committee takes full organisational, financial and legal responsibility for the AGM.
6.1.3 For a vote to be considered valid, at least 50%+1 of all member sections approved before the 30th day before the first day of AGM have to be present or represented.
6.1.4 Decisions are made, unless otherwise stated, by a simple majority.
6.2 Notice of the Annual General Meeting must be mailed to the sections at least ninety days in advance and must include information about date and place.
6.3 All sections must receive agenda and documents for the General Meeting no later than thirty days in advance.
6.4 For the AGM the Board must present a report of activities and general policy for approval.
6.5 The Board must present task lists, possible changes of Statutes, policies and budget for the coming year for approval by the AGM.
6.6 The AGM must at the end of the meeting vote to approve the Board’s record, and thereby release the board from their responsibility. The new Board cannot take over until such a vote has been given.
6.7 The AGM shall be conducted in accordance with the Standing Orders for the AGM.
6.8 The Final Documents will contain all approved reports and decisions and will be kept at the social headquarters.
7. NATIONAL PLATFORMS
7.1 The sections of a country together form the National Platform.
7.1.1 The National Platform elects a National Representative and a Vice National Representative in accordance with its own statutes or established procedures.
7.2 A National Platform must be comprised of all the country’s sections to be recognised as such.
7.2.1 The National Platforms must approve potential candidates for the Board before these make their candidature known.
8. NATIONAL REPRESENTATIVES
8.1 From each country with at least one member section, one National Representative and one Vice National Representative, hereafter-called vice-NR, should be elected.
8.2 Their National Platform elects NRs and vice-NRs for a period of one year.
8.3 NRs and vice-NRs can only be elected while being a student, or within the first twelve months after graduation.
8.4 The NR represents the country for which he or she was elected and will act upon decisions made by the country’s NP and in the general interest of his or her country and the corresponding sections.
8.4.1 For a CNR meeting an NR can delegate his or her rights to a delegate or an NR from another country in accordance with the country’s statutes or established procedures.
8.4.2 An NR can only have one delegate vote beside her or his vote.
8.5 The NR should participate in at least one Regional Platform.
9. THE COUNCIL OF NATIONAL REPRESENTATIVES
9.1 The CNR is composed of all National Representatives
9.2 The CNR scrutinises and checks the work of the Board, and must be consulted on budgetary, strategic and policy matters. During the year, the CNR acts as a substitute of the AGM on budgetary, strategic and policy matters.
9.3 The CNR can make a decision when more than half of the total number of NRs from member countries are present or represented.
9.4 All voting is, unless otherwise stated, done by simple majority of the present or represented NRs.
9.5 The NR is responsible for the contact between the national and international levels.
9.6 The CNR can reverse Board decisions. 9.7 The CNR can remove single members of the Board, or the Board as a whole, through a vote of no confidence.
9.7.1 An NR can be excluded from the CNR by his or her colleagues if his or her activities are deemed incompatible with the spirit and aims of ESN.
9.7.2 An NR that does not attend two CNR meetings in a row or send a delegate or delegates his or her rights to another NR will be proposed to be excluded from the CNR and the country will have to elect a new NR.
9.8 The Coordinator is the main responsible for the contact between the Board and the CNR.
9.8.1 The Vice Coordinator is the main responsible for the meetings of the CNR.
9.8.2 The CNR has to elect a Coordinator and Vice Coordinator among themselves.
9.8.3 A new Coordinator or a Vice Coordinator can at any time be elected by simple majority of the CNR, when it has been proposed by one of the NRs.
9.9 The Board must meet with the CNR once, right after the AGM, and three times during the year, of which the first meeting will take place no later than 90 days after the AGM
9.9.1 The President of ESN must by e-mail inform the NRs about a meeting with the Board at least one month in advance, stating the time and place. The Vice Coordinator must send the final agenda for the meeting to all NRs at least one week in advance. The secretary of the CNR Meeting must send the minutes of the meeting to the CNR and the Board at the latest one month after the meeting.
9.9.2 An extraordinary meeting between the CNR and the Board must take place if two-thirds of the NRs request it.
9.10 The CNR must approve the final agenda and documents for the AGM.
9.11 The CNR will conduct its affairs in accordance with the relevant Standing Orders.
9.12 The CNR has to call for the CND in the midterm between two AGMs
10. THE BOARD
10.1 The Board consists of five people elected by two groups, the CNR and the sections present at the AGM, each group having half of the vote.
10.1.1 The Board shall consist of the following members: a President, a Vice-President, a Treasurer, a Network Administrator and a Regular Board member.
10.1.2 A Board member cannot be a National Representative.
10.2 A Board member is elected for one year.
10.2.1 After their release at the AGM, the former Board members have to act as Advisory Board members for a transition period according to the Standing Orders.
10.3 A Board Member can be re-elected only once.
10.4 The Board can make the decision when more than half of the total number of Board members are present. Decisions are approved by a simple majority.
10.5 A vote of no confidence requires a simple majority of all NRs present or represented.
10.5.1 If such a vote is carried out, or if a Board member decides to step down in midterm the CNR will, at the earliest possible opportunity, elect the substitute to the vacant position, without prejudice to Article 10 herewith and the relevant Standing Orders.
10.5.2 A Board Member that does not attend two Board Meetings or two CNR Meetings in a row will be proposed to step down. The CNR will decide whether the Board Member has to step down or not.
10.6 The Board has responsibility for the management of all tasks, and handles all day- to- day business.
10.6.1 The Board can make decisions on all matters concerning ESN, except budgetary, strategic, and policy matters and exclusion of sections.
10.6.2 Board decisions can be reversed by the CNR and the AGM.
10.7 Working groups can be established under the supervision of a Board member, to assist with certain tasks.
10.8 The President of ESN must inform the members of the Board of a Board Meeting at least one month in advance, stating the time and place. The final agenda for a Board Meeting must be sent to all the Board Members at least one week in advance. The minutes will be sent out to the Board Members and the NRs at the latest one month after the Board Meeting.
10.9 Notice of Board meetings must be mailed to the CNR at least three weeks in advance, stating the time, place and final agenda at least one week in advance.
10.10 The Board will conduct its affairs in accordance with the Statutes and Standing Orders of ESN International.
10.11 The President has authority over the signing of documents that legally bind the association, and he/she can undertake actions in court, in demand as well as in defence.
10.12 The name, nationality, date of birth and official permanent address of each board member shall be communicated to the Belgian Ministry of Justice immediately after his or her election, to be published in the “Annexes du Moniteur Belge”.
10bis.COUNCIL OF NATIONAL DELEGATES
10bis.1 The Council of National Delegates is constituted by all the NRs and two additional delegates for each country.
10bis.2 The delegates should preferably be national board members but it is up to the NPs to appoint them.
10bis.3 The CND meets once per year in the midterm between two AGMs
10bis.4 Only the NRs have the power to vote in the CND but all delegates can speak and make proposals.
10bis.5 The CND has the same powers as the CNR. 10bis.6 The CND will conduct its affairs in accordance with the Standing Orders of the CNR.
11. REGIONAL PLATFORMS
11.1 Regional Platforms are composed of sections from different countries from a certain region.
11.2 A Regional Platform expresses the opinion of sections present at the RP.
12. ALUMNI
12.1 An alumnus is a former ESN active who used to be a member of any ESN section, Organising Committee of an international ESN event, member of the CNR or the Board of ESN.
12.2 Any former ESN member can become an ESN alumnus if he or she wants to.
12.3 In order to be an alumnus he or she has to apply for it at his or her mother section.
12.3.2 The Board of ESN has to be informed about the change in an Alumnus status by the NR of the corresponding country.
12.4 Alumni will regularly be offered information about what is going on within ESN.
12.5 Every year one alumni meeting should take place. It has to be initiated by the Board of ESN and organised by any ESN member, section or alumni member.
12.6 Alumni are welcomed to support ESN actively.
13. WORKING GROUPS
13.1 The Board can establish working groups supervised by a Board member.
13.2 The CNR can propose to establish working groups.
13.3 A Working Group must present a report of its activities to each CNR meeting and AGM.
13.4 A Working Group chooses one chair amongst them.
13.5 The members of a Working Group and the chair will be accepted by a simple majority of the CNR.
13.6 The Working Group cannot make any decisions concerning ESN, unless it is allocated by an explicit decision of one of ESN’s decision-making bodies.
13.7 The CNR can abolish working groups.
14. FINANCES
14.1 The financial resources of the organisation consist of membership fees and other income.
14.2 All full member sections are obliged to pay an annual membership fee.
14.2.1 The membership fee covers one calendar year.
14.2.2 For the first year of membership, a section only pays half the fee.
14.2.3 Sections whose application lies within the months of November and December will be exempt from membership fees for the remainder of that year.
14.3 The membership fee is decided by the AGM.
14.3.1 Proposals can be made by the Board or by any member section.
14.3.2 If no decision is reached, the membership fee for the preceding year will be maintained.
14.4 The fiscal year runs from 1st of January to 31st of December.
14.5 The Treasurer is, on behalf of the Board, responsible for the accounting of the financial means of the organisation, and for presenting the accounts for approval by the AGM.
14.6 At the AGM two individuals, both independent from the Board or the CNR, must be appointed to audit the finances of the organisation.
14.7 The organisation’s budget for the current fiscal year must be submitted for approval to the AGM.
14.8 At the AGM the Board should also present an interim report of ESN’s finances for the period of 1 of January until the AGM takes place.
14.9 The balance sheet of ESN shall be presented in legal simplified form, immediately after its approval by the AGM, to the Belgian Ministry of Justice, to be published in the “Annexes du Moniteur Belge”.
15. OFFICIAL DOCUMENTS
15.1 The AGM can create, revise, and abolish the official documents of the organisation, in accordance with the Statutes and Standing Orders.
16. STANDING ORDERS
16.1 All official meetings of the Board, the CNR and the AGM shall be conducted in accordance with the relevant Standing Orders.
16.2 The Statutes and the Standing Orders are separate documents. The Statutes are concerned with general organisational principles; while the Standing Orders are concerned with the procedural conduct of the organisation’s various bodies.
16.3 If the Statutes and Standing Orders are not in compliance with each other, the Statutes overrule the Standing Orders.
16.4 The Standing Orders of ESN are: Procedure for electing the Board, Regulations concerning the conduct of the Board and the CNR, Regulations concerning the conduct of the Annual General Meeting.
16.5 Changes to the Standing Orders must be initiated in accordance with the same procedure as for Statute changes.
17. VALIDITY OF THE STATUTES
17.1 The French text which is deposited at the Greffe du Tribunal Administratif in Brussels is the official version of these Statutes.
17.2 At the AGM three individuals, all independent from Board and CNR, must check for the correspondence of the English version of these Statutes with the official one and the translation in French of the approved changes.
17.3 Disputes concerning differences of interpretation of these Statutes shall be settled by the Board, but can be overruled by the CNR.
18. CHANGING THE STATUTES
18.1 The Board, the Council of National Representatives or the member sections may initiate amendments to these Statutes.
18.2 If the Board initiates changes, they must be decided at a Board meeting no less than 60 days before the AGM, where they must be confirmed.
18.3 If the CNR initiates changes, they must be decided at a CNR meeting no less than 30 days before the AGM, where they must be confirmed.
18.4 If a member section initiates changes, it must be supported in writing from at least five other sections, and present their proposals to the Board in writing, at least 60 days before the AGM, where they must be approved.
18.5 Changes to these Statutes must be approved by a two-thirds majority of the AGM.
18.5.1 Changes to these Statutes must be submitted to the Belgian Ministry of Justice and published in the Annexes du Moniteur belge.
19. DISSOLUTION OF THE ORGANISATION
19.1 Dissolution of ESN must be decided by a two-thirds majority of sections present at two consecutive General Meetings, held no less than three months after each other.
19.2 In case of dissolution, all assets of ESN will be turned over to UNICEF.
