Statutes of the European Coalition for Just and Effective Drug Policies

Approved on the General Assembly, 26 June 2004, Copenhagen

Title I. Name, seat, objective and duration

Article 1 – The association has the name: ” European Coalition for Just & Effective Drug Policies (ENCOD) “. Here it is referred to as “the association”.

Article 2 – The seat of the association is located in Borgerhout (Antwerpen), Belgium. The association is submitted to the legal district of Antwerpen. All documents referring to the obligations of the law on vzw’s will be presented to the “Griffie van de Rechtbank van Koophandel” of the mentioned legal district.

Article 3 – The association has surged as a response to the concerns in European civil society regarding the global drug phenomenon and has the following objectives:

1. To improve understanding in Europe of the causes and effects of drug production, trafficking and consumption and of drug control policies ;

2. To contribute to the elaboration of just and effective drug control policies by European authorities, which include an integrated solution for all problems related to the global drugs phenomenon (production, trafficking and consumption). This solution should take into account above all the interests of the sectors most affected by these problems, both in the North and in the South.

3. To co-ordinate these activities and promote dialogue and collaboration between European and non-European NGO’s and those in developing countries.

4. To carry out the following activities in order to realise these objectives:

 proposing financial requests to fund these activities

 organising information campaigns

 training youth workers, teachers, NGO staff.

 research and political lobby

 development co-operation projects in developing countries

Article 4 – The association has been established for an indefinite period. It can be dissolved at any time. The calendar of the association coincides with the civil calendar, with the exception of the year in which the association was established, when the calendar of the association finishes on December 31. The financial year of the association runs between 1 January and 31 December.

Title II. Membership, admission and cancellation

Article 5 – The association has effective members, associated members and donor members. In these statutes the term member only refers to ordinary members, except when the opposite is indicated. The membership of the association in no way limits the autonomy or the independence of the ordinary, associated or donor members. The membership is personal and intransferible.

Article 6 – The effective members are natural or legal persons coming from the countries of the Council of Europe, who are involved in activities of interest to the association, they support its objectives and they agree on its decisions and statutes. They can only be admitted to the association by majority of votes in the General Assembly, on the recommendation of the Executive Committee. Each ordinary member pays a contribution, whose amount is established by the General Assembly in its annual meeting.
The annual membership contribution for effective and associated members is established at max. 200 EURO (two hundred EURO). The association will consist of at least three members.

Article 7 – The associated members are natural or legal persons coming from countries inside or outside the Council of Europe, admitted by a majority of votes of the General Assembly on the recommendation of the Executive Committee. The members donors are those that are committed to the payment of an annual contribution, equal or larger than the contribution of the effective and associated members. The annual contribution for donor members is at least 200 EURO. The associated or donor members can be invited the General Assembly but they do not vote nor can they be members of the Executive Committee.

Article 8 – Cancellation of membership

Membership finishes:

1. when the member dies or when the legal organisation that it consists ceases to exist;

2. with the cancellation of the member, by means of a request written by the member that must be at the disposal of the secretariat at least three weeks before the Annual General Assembly.

3. with the suspension by the Executive Committee. The Executive Committee can suspend a member immediately when this member, after having been asked several times, does not fulfil its financial duties or when it acts against the statutes, the rules or the decisions of the association or causes unreasonable damage to the association. The decision is taken by the Executive Committee and communicated immediately to the member, mentioning the reasons. The affected party can appeal to the General Assembly, but during the period of the appeal, membership is suspended, and the member cannot exert its rights of membership. The suspension can be annulled or confirmed by the General Assembly.

4. with the expulsion by the General Assembly. The suspension and expulsion of members occurs in agreement with article 12 of the law of on vzw’s. This does not liberate the member of his duty to pay the contribution for the effective year.

Title III Executive Committee

Article 9 – The Executive Committee consists of at least 3 people.

The members of the Executive Committee are elected for a period of two years among the members of the association, in the General Assembly. The Executive Committee assigns, among its members, a president, a secretary and a treasurer. The General Assembly can suspend or dismiss a member of the Executive Committee when it decides appropriate. This decision is taken by a 2/3 majority of votes of the General Assembly. The members of the Executive Committee can resign at any time, with a written communication. The members of the Executive Committee resign automatically every two years, and are immediately reeligible.

Article 10 – The Executive Committee must manage the association. All the members of the Executive Committee can represent the association.
For legal issues, the association is binded through the signature of the chairperson of the Executive Committee or by someone appointed by him/her.

Between the meetings of the General Assembly the Executive Committee executes the decisions of the General Assembly and will be responsible to the General Assembly. The Executive Committee will meet at least three times a year, besides from the Annual General Assembly, and will have a meeting within 3 months after each General Assembly.

The Executive Committee is responsible for:

a. preparing and implementing the policies adopted by the General Assembly;

b. adopting detailed work plan for each of the priority areas decided by the General Assembly;

c. preparing and submitting to the General Assembly a yearly progress report on the association’s activities;

d. mandating the Secretariat for its activities;

e. supervising the operational activities of the secretariat including budget control, recruitment of staff;

f. to establish a number of working groups to facilitate collaboration between organisations working in each area of activity of the association

g. analysing the demands for membership and present its recommendations to the General Assembly

The chairperson of the Executive Committee will be responsible for the direct supervision of the secretariat.

Title IV. The General Assembly

Article 11 – The Executive Committee summons to the General Assembly by means of a letter or electronic message to each member, with an anticipation of at least 30 days, at least once a year. The agenda is included in the convocatory. The Executive Committee must summon to an Assembly in a term of 4 weeks if it receives a written request order to do so from at least one fifth of the total number of members. The request includes the subjects to discuss. If the Executive Committee does not respond to such request within 14 days after its receipt, the same applicants will be allowed to call for a General Assembly in the way mentioned in this article. Half plus one of the present or represented members of the association constitutes a quorum.
The chairperson of the Executive Committee presides the General Assembly. In his/her absence another member of the Executive Committee takes his place. The secretary or another person indicated by the chairperson, takes notes. Each member has one single vote in the General Assembly. Each member can be represented by another member, by means of a written letter. The voting on issues takes place orally, whereas the voting on people takes place in writing. When voting on people, the person is elected who has received an absolute majority of votes. When nobody has obtained that majority, a second vote will be carried out between the 2 candidates who have received the largest amount of votes. Unless the statutes indicate another way, the General Assembly decides with an ordinary majority. In the cases anticipated by article 12, nr. 1 , 3 and 8, a majority of two thirds of the valid votes is required. When the votes equal, the proposal is considered rejected. The votes in blank are invalid. When during the Assembly the chairperson judges that a decision has been taken, this judgement will be definitive.

Article 12 – The General Assembly is sovereign and decides particularly on:

1. amendments to the Statutes;

2. admission of members of the association and of the Executive Committee;

3. dismissal of members of the association and of the Executive Committee;

4. the establishment of membership dues;

5. approval of the annual report of the association presented by the
Executive Committee;

6. approval of the work plan and the budget of the association;

7. approval and modification of the mandate of the Secretariat; and

8. the dissolution of the Council.

The exact text of a proposal to modify the statutes must be communicated, at least 5 days before the General Assembly, by means of a letter or electronic message to all members.

Article 13 – The General Assembly can establish rules with respect to membership, the amount of the contribution and the competencies of the Executive Committee, the voting procedures, the administration and all other subjects in need of regulation. The modification of the rules can take place by decision of the General Assembly at the request of the Executive Committee or of 1/3 of the members. The rules cannot contain provisions that are opposite to these statutes.

Title V. The secretariat

Article 14 – The secretariat of the association will be responsible for:

a. implementing the detailed work plan approved by the Executive Committee;

b. the day to day administration, including fund raising, co-ordinating the association’s activities and preparing the meetings of the Executive Committee and the General Assembly;

c. submission of an annual financial report to the Executive Committee;

d. preparation and presentation of the annual report of the association

Any public statements issued by the secretariat in the name of the association will be approved by the president of the Executive Committee or another member of the Executive Committee assigned by him.

Title VI Financial Resources

Article 15 – The financial resources of the association are generated through inheritances, donations, loans, contributions of members and other concessions. It is not the objective of the association to make profits.

Title VII Dissolution and establishment

Article 16 – The association dissolves when the General Assembly decides this with at least a majority of two thirds of the valid votes. The General Assembly decides on the destiny of a financial surplus in agreement with the objectives of the association. If, after the decision to dissolve has been taken, no destiny to place the surplus of the association has been designated, the Executive Committee will deposit them. After the dissolution, the association continues existing as long as necessary to deposit its financial assets. During this period, the provisions of the statutes continue being valid. In the documents that originate of the association, the term ” in liquidation ” will be added to its name. The decisions and the name and address of the destinatories will be published in the annex of the State Newspaper.

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