Friday, 08 August 2008

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Articles of incorporation of the Commitee PDF Print E-mail

We, the undersigned, together with those who will be later included, in accordance with current Italian law (articles 39 and following, Italian Civil Code), hereby establish a Committee named:
"Comitatus pro Libertatibus - Comitati per le Libertà - Freedom Committees"
headquartered in Milan.

The Committee (from hereon referred to as C.) is regulated by the following statute and the relevant laws applicable in this field. The name can be used for all legal purposes also in the short version "Comitati per le Libertà" (from hereon referred in this way).

1.1 The C. is of political and cultural nature, it is a non-profit association and it consists of a "Main Committee" and many "Local Committees" as specified below.

2.1

The C. supports individual and public liberties, the primary and natural rights of human beings, as a basis of common action. It carries out its activities through meetings, demonstrations, congresses and any other initiative which may be considered conducive to achieving the aims of the association.
 

3.1 Freedom Committee Members are the people who constitute the Comité de Patronage, the Main Committee and those who belong to the Local Committees and to the other organs of the C.

3.2 Those who wish to participate in a Local Committee must apply to the Local Committee within their neighbourhood, which decides on admittance on its own, according to criteria in line with the Statute. Participants have to pay an annual membership fee, whose amount is established by each Local Committee, and may differ from member to member.

3.3 All members have a right to participate, without further expenses, in any of the political and cultural events organized both at a local or general level.

4.1 Membership status is lost in case of:
a) decease;
b) resignation, this must be communicated by mail to the Main Committee or to the Local Committee one belongs to;
c) exclusion decided by the Arbitrators, according to point 7.1, outlined below, for ascertained political or moral reasons, that is, for breaking the rules listed herewith.
Membership in the Association is lost in case of non-payment of dues.

5.1 Organs that make up the C. are:
a) The Comité de Patronage, founder of the C., which acts as an international contact for the Association. It may invite new members to join the body, if introduced by the General President;
b) The Main Committee and the Executive Board;
c) The Local Committees and the Councillors;
d) The Board of Arbitrators;
e) The Board of Advisors;
f) The annual members' General Assembly.
No office-holder shall seek payment for her/his activity.

6.1 The Main Committee includes renowned people of the cultural and political scene who took part to the foundation of the C., and whose line of thinking is in accordance with the principles of the Association. The Main Committee may invite new members to join the body, if introduced by at least one of its members, and approved of by the majority (50 %+1) of the present members.

6.2 Membership of the Main Committee is for life except in the cases stated at point 4.1. of this document.

6.3 There is no incompatibility between membership of the Main Committee and of the Local Committees at the same time.

6.4 The Main Committee acts as warrant body for the political, moral and cultural behaviour of Local Committees. It outlines the general goals to be pursued and is in the charge of the contribution of funds to the Association in order to allow it to reach its goals.
The Executive Committee promotes the creation of new Local Committees, it recognizes their new establishment, it supports their initiatives and it determines the amount of money to be paid annually to the Association. If it is necessary to revoke approval of a newly established Local Committee and this it is banned from using the denomination Comitatus pro Libertatibus-Comitati per le Libertà-Freedom Committees, then article 7.1. applies.

6.5 The Main Committee can decide possible alterations of the present Statute or the termination of the Association with the favourable vote of two thirds of the constituent members, who may also be present only by proxy. Only three proxy votes are accepted from each member.

7.1 Should the behaviour of the one of the members of a Local Committee, or indeed the very initiatives of said Committee, be considered inappropriate with regards to the main goals of the Association, after having heard the motivations given by the people directly involved, the Board of Arbitrators may, giving due explanations, proceed by undertaking the following actions:
a) admonish a member of a Local Committee or an entire Local Committee itself;
b) advise the Local Committee in question to take suitable disciplinary measures with regard to the situation and to the members involved;
c) ban the Local Committee and forbid the use of its name;
d) ban one or more members of a Local Committee.

8.1 A General Meeting is summoned and notified with the items on the agenda at least 10 days before the assembly, except in case of urgency; on first summons, it is considered valid when the majority of the members with the right to vote is present, on the second summons the meeting is legally recognized independently of the number of participants with the right to vote. Decisions are validated by absolute majority, except in the case of articles 6.5 and 8.3. The Chairman of the annual General Meeting is nominated amongst the people present who are members of the Main Committee.

8.2 A group of Local Committees can constitute a Council and, after approval by the Executive Board, elects a Councillor which must be renewed every year by the Council. Each councillor summons his local Council, supports the activities and the establishment of new Committees.

8.3 The Comité de Patronage, the Main Committee, the Local Committees, the Councillors, the Arbitrators and the Advisors during the General Meeting designate the General President and the Executive Board, which is made of 9 members. The members of the Comité de Patronage and of the Main Committee; the Presidents of the Local Committees (or by proxy a member for each Local Committee); the local Councillors; the members of the Board of Arbitrators and of the Board of Auditors have the right to one vote each.
Nobody has a right to more than one vote (maximum three proxies).
Everyone who has the right to vote is eligible, except Arbitrators and Auditors.
The General President is elected from among the members of the Comité de Patronage, and acts as a moral guide for the Association.

9.1 The Executive Board designates within its own body:
a) a Chairman, who must be a member of the Comité de Patronage or of the Main Committee, settles the agenda and is a legal representative pro tempore of the C;
b) a Spokesman, who represents the Association;
c) a Treasurer, who manages the common funds.

10.1 The Board of Arbitrators consists of three members nominated during the annual General Assembly. This body remains in charge for five consecutive years and can be confirmed in its appointment.

10.2 The Board elects a President among its own members and deliberates by minimum majority vote (50% + 1). It can start inquiries which concern members according to its own initiative, by indication of the various Organs which constitute the Association or under request of a single member.
It settles controversies between the Main Committee and the Local Committees, and among the Local Committees themselves.
Upon request of any of the contracting parties, the Board of Arbitrators settles controversies between members of the Local Committees and the Local Committees to which the members belong. Controversies which arise among members of the Main Committee or members of the Local Committees are also settled by the Board.
At the conclusion of all the due inquiries, after hearing the parties involved, the Board communicates its viewpoint to the Executive Committee which takes the final relevant decisions according to the case presented.

11.1 The Board of Auditors includes three members, who are elected at the annual General Meeting. The auditors cannot belong either to the Main Committee or to the Local Committees. The Board, in all circumstances, can check the administrative papers produced by the Main Committee or the Local Committees and determine their suitability. It also evaluates the annual balance sheets of the Main Committee and of the Local Committees. The Board is nominated for five years running and may be reconfirmed at the end of the appointment.

12.1 The Association relies on internal resources such as volunteer work on behalf of its members in order to reach its goals. Furthermore, financial funds are raised by:
a) membership dues paid to Local Committees by their members;
b) free donations.

13.1 The aims of the C. are pursued trough the activities of Local Committees which have full autonomy on administrative, organizational, financial matters and on the formulation of internal rules. They operate in accordance with the decisions of the Main Committee. Events and activities organized by Local Committees are open to the public.

14.1 The Local Committees activities are organised on a yearly basis.

14.2 Each Local Committee, upon request, must submit to the Executive Board the list of its members with their relevant appointments. In addition they should also provide a report on the activity of the full year, with possible proposals and remarks on the life of the C.

14.3 Each Local Committee is meant to pay part of the membership dues to the Association to support common activities. The amount of payment required from each Local Committee is established by the Executive Board.

15.1 A Local Committee may be formed with 9 participants or more. It appoints a President and a Spokesman. The Local Committee is recognized as member of Comitatus pro Libertatibus-Comitati per le Libertà-Freedom Committees by the Executive Board.

15.2 Any Association, provided its goals, activities and members are compatible with the principles of the C., may ask to be acknowledged as a Local Committee. The association which asks for admission may also retain its own name and its constituent body in its original form, provided the association does not belong to any political party.

16.1 During political elections, the use of the name "Comitatus pro Libertatibus - Comitati per le Libertà - Freedom Committees", also translated in other languages; and of the symbol representing "a white gliding albatross on a dark blue field" can only be used if authorized in writing by the Executive Board.

17.1 A General Meeting is summoned by the president of the Executive Board at least once a year. Even when the request for the Meeting to be held is put forward by the majority of the Main Committee or the majority of the Local Committees, permission must be granted by the President of the Executive body.

17.2 All members are invited to take part in the yearly General Assembly. But only the members of the Comité de Patronage and of the Main Committee, as well as the Presidents of the Local Committees, the local Councillors and the members of the other organs have the right:
a) to elect the General President and the Executive Board;
b) to approve the final annual balance and to evaluate the résumé drafted by the Executive Committee;
d) to deliberate on possible initiatives regarding the future of the C.;
e) to appoint the Board of Arbitrators and the Board of Auditors.

18.1 In case of dissolution of the C. a liquidator may be nominated and any remaining funds will be devolved to non-profit associations which are involved in social work, as decided by the Main Committee at the time of dissolution.