Statutes Organisation

STATUTES CLAIU – EU (*)
Denomination – legal status – registered seat – aim and activities
Art. 1

An international non-profit Association has been founded by the name of “Council of Associations of long-cycle Engineers, of a university or higher school of engineering of the European Union”, abbreviated to “CLAIU-EU.” The Association represents all the long-cycle engineers, i.e. defines engineers who have completed long-cycle theoretically scientific studies in-depth and who are therefore highly competent in the fundamental concepts and in putting these into practice.
The international institution has its seat on Hobbema Street 2, 1000 Brussels, Belgium. The seat can be moved to any other location within this region through a simple majority decision of the General Assembly, to be published during the same month in the appendices of the Belgian Law Gazette and to be communicated simultaneously to the Public Federal Justice Agency.
The Association is regulated by Chapter III (art.46 to 57) of the Belgian law of 27th June 1921on non-profit institutions, international non-profit institutions and on foundations.

Art. 2

The aim of CLAIU-EU is to form a forum for consultation and collaboration at the European level among associations of long-cycle engineers of all member states of the European Union.
The objectives of the Association serve to promote the interests of engineers who have followed a more theoretically oriented education, and who are concerned with the fundamental concepts and their practical application. These objectives find their concrete realisation in the following:

  • Promotion of science, technology and techniques through fundamental and applied research.
  • Maintenance of the high standard of the long-cycle engineer’s education in relation to scientific research, as well as continued education.
  • Safeguarding of the quality and deontology of the long-cycle engineers’ profession.
  • Elimination of restrictions regarding the free circulation and professional practice of equivalent types of education, based on equality throughout the European Union.
  • Upholding the professional interests and the engineering titles representing theoretically scientific long-cycle education and competent in fundamental concepts, both within the European Union and in the rest of the world.
  • Establishment and development of external relations required to realise the objectives above.
  • Foster contacts between engineers through the European Union

Art. 3

In order to achieve its objectives, the Association undertakes the following activities:

  • Establish and update the CLAIU-EU Register of the engineers represented by the Association.
  • Reinforce and affirm the European role of CLAIU-EU by increasing the number of engineering associations who are members of CLAIU-EU among the member states in the European Union.
  • Monitor the progress of legislation regarding the formation and profession of engineers in Europe.
  • Develop good relations with associations world wide having similar aims as those of the Association.
  • Organise seminars and international meetings to assert the engineer’s professional image and role in society.
  • Other activities to be determined from time to time appropriated to the aims of CLAIU-EU.

Art.4

The Association does not involve itself with the national activities of its members, except in an advisory function and at Member’s request.
It intervenes or makes statements together with appropriate other institutions, whether they be European or otherwise, in fields relevant to engineers.

Membership -conditions of admittance and resignation

Art. 5

The Association is open to Belgians and other nationalities. It is composed of ordinary members and associate members, all of whom are bodies legally founded in accordance with the laws and customs of the relevant member state.
The following can only be accepted as ordinary members, viz. the associations representing long-cycle engineers of the European Union’s member states. Furthermore, a national organisation representing several engineering profiles may also join by representing those engineers which correspond to the Association’s profile. In the case of a member state having several engineering associations complying with the membership conditions of CLAIU-EU, these associations must appoint one representative to act as the sole representative for the national members of that country.
The engineering associations that do not conform to the conditions above but which subscribe the objectives of CLAIU-EU may join as associate members, subject to the unanimous approval of the General Assembly. Associate members can participate in the meetings of the General Assembly with a consultative voice. They cannot be appointed as members of the Executive Board.

Art. 6

Admittance
Associations wishing to join CLAIU-EU must submit their application in writing to the President of the Association. In a country with several engineering associations and of which one is already a CLAIU-EU member, the other Associations can join by appointing one representative as the official national member.

A national member wishing to add a new engineering association must inform CLAIU-EU accordingly.

Art. 7

Associations wishing to become a member of the Association are subject to its statutes and regulations, and are committed to pay the annual fee as determined by the General Assembly. At the proposal of the Executive Board, the General Assembly formally pronounces the admittance of new members. Unless decided otherwise by the General Assembly, admittance becomes effective as of the year following the date of the meeting.

Art. 8

Resignation and expulsion
Any national member may resign its membership at any time, in writing and addressed to the CLAIU-EU President.
Any national member wishing to curtail its CLAIU-EU membership must pay its dues for the current year. If several associations represent a National Member, the association wishing to quit has to address its request to the National Member and settle its part of the contribution for the current year there.
In case of non-payment of the contribution during one year, the National Member loses its voting right. After two years of non-payment, the General Assembly pronounces the expulsion of the National Member.
The General Assembly can also decide to expel a National Member for serious reasons. In case of resignation, the National Member who does not fulfil the conditions of articles 5, 6 and 7 is submitted to the expulsion procedure pronounced by the General Assembly. The expulsion of a member can only be pronounced after the latter has had an opportunity at defence for before the General Assembly. The expulsion of a member is pronounced by the General Assembly by a two thirds majority vote of the members, actually present or represented.
A member who is no longer part of the Association has no right to the latter’s funds.

The General Assembly

Art. 9
Powers of authority

  • The General Assembly has full powers to realise the aims and activities of the Association. In particular, the following items are its sole responsibility:
  • Modification of the statutes
  • Appointment and dismissal of the members of the Executive Board
  • Determination of the fees for ordinary members and associate members
  • Approval of the budget and annual accounts
  • Discharge of the members of the Executive Board
  • Voluntary dissolution of the Association
  • Expulsion of a member
  • Adoption and modification of the Bylaws
  • Appointment of an auditor
  • Appointment and dismissal of the President and Vice-President

Art. 10

Composition
The General Assembly is composed of all the members. Only ordinary National Members have voting rights. Associate members do not have voting rights.
Each ordinary National Member is represented by a delegation with a representative mandated per affiliated association of the country concerned. Each ordinary National Member represented by one or more delegates only has one vote. A delegate wishing to be represented by another member can only have one authorization. Any mandated delegate may be accompanied by one advisor. The General Assembly is chaired by the President of the Association.

Art. 11

Meeting and convocation
The General Assembly meets at least once a year at a venue and time communicated in the invitation to the meeting.
The President of the Association convenes the General Assembly by letter, fax or email at least one month in advance, and containing the items on the agenda designated by the General Assembly or at the request of a National Member.
The General Assembly may be called to an extraordinary meeting on a date determined by the President or at the request of two thirds of the National Members – this with a convocation letter including the agenda, at least one month in advance.

Art. 12

Decision making
Apart from the special exceptions provided in the present statutes, decisions are made by a simple majority vote by the ordinary members, actually present or represented. The General Assembly does not deliberate any issues validly, unless half of the ordinary members are present or represented. The President has no voting right, unless he votes as representative of a National member.
The decisions are notified to all the members in writing.

Executive Board

Art. 13

Powers of authority
The Executive Board has full authority regarding management and administration, unless otherwise ordained by the General Assembly. The Executive Board may delegate regular management tasks to the President and/or to one or more executives or to one or more specifically appointed officers for whom it determines the specifications.

Art. 14

Composition
The Association is administered by an Executive Board composed of at least 3 members. A particular country can only be represented by one executive, apart from the President.

The President, the Vice-President and the other Members of the Executive Board are appointed by the General Assembly for a 3-year term, renewable once, except for the President. Their functions end by decease, resignation for personal reasons, removal or expiration of the mandate. All the Members of the Executive Board can be removed by the General Assembly with a two-thirds majority of the present or represented ordinary members. In case a mandate becomes vacant during its course, the General Assembly can appoint a temporary substitute to complete the mandate. The Executive Board is chaired by the President of the Association. In case of absence he is replaced by the Vice-President. The outgoing President automatically forms part of the Executive Board.

All actions pertaining to the appointment, removal and termination of tasks of executives and established in accordance with the law, will be communicated to the Federal Public Justice Agency, in order to be recorded on file and to be published in the appendices of the Belgian Law Gazette. This occurs at the expense of the Association.

Art. 15

Meeting and Convocation
The Executive Board is convened by the President or at the request of the majority of the members, 4 weeks prior to the meeting. The board is chaired by the President of the Association.
The convocation is transferred by letter, fax or electronic mail.

Art. 16

Decision making
The Executive Board can only deliberate legitimately if two thirds of the members are actually present or represented.
An executive may be represented by another executive provided the latter only receives one authorization.
The decisions of the Executive board are made by a majority of the executives, present or represented. In case of a draw, the President’ s vote is decisive.

Art. 17

The Association in relation to third parties and judicially
The President is the Association’s sole representative in all civil acts and in all judicial acts, whether as a plaintiff or defender. In case of absence, the President or Executive Board designates to this end an executive with special authorization executive. The President executes the decisions taken by the General Assembly or the Executive Board.

The actions concerning the appointment, removal and termination of the functions of the persons who are authorised to represent the non profit international Association in accordance with the law, are communicated to the Public Federal Justice Agency, to be recorded on file and to be published in the appendices of the Belgian Law Gazette. This occurs at the expense of the Association.

Secretariat

Art. 18

The Association’s secretariat is defined in the Bylaws.

Finances

Art. 19
Revenues
The Association may generate income from:
Its membership fees

  • allowances and subsidies
  • possible revenues from activities
  • gifts
  • revenues from bank accounts

Art. 20

Contributions
The fees from ordinary members are fixed by the General Assembly. The associate members pay a reduced contribution specified by the General Assembly.

Art. 21

Financial year The Association’s financial year starts on 1st January and terminates on 31st December.
In accordance with article 53 of the law, the accounts and a draft of the budget are drawn up by the Executive Board each year and will be submitted for approval during the next General Assembly meeting.
In accordance with article 51 of the law, the accounts are transferred to the Public Federal Justice Agency.

Bylaws

Art. 22

The Executive Board may draw up bylaws which apply to the present statutes or to other aspects not provided in these statutes, such as the internal administration of the Association. The Bylaws are submitted for approval to the General Assembly with a majority of two thirds of the ordinary members actually present or represented.

Modifications of the statutes – Dissolution – Liquidation
Art. 23

In keeping with the articles 50 § 3, 55, 56 of the law on non profit institutions, on international non profit institutions and on foundations, any proposal to modify the statutes or to dissolve the Association needs to come from the Executive Board or from at least two thirds of the ordinary members.
The Executive Board must notify the members of the Association of its proposal, mentioning the articles and their modifications, at least 2 months before the date of the General Assembly Meeting during which the proposed modifications will be discussed.
The General Assembly can only deliberate the proposal legitimately if two thirds of the ordinary members of the Association are present or represented.
Decisions are only valid when approved by at least three quarters of the votes of the present or represented members.

In case the General Assembly cannot call together two thirds of its ordinary members, a new meeting has to be convened at least 15 days following the first meeting. The second General Assembly Meeting will make a final and valid decision on the proposal with three quarters of the votes, whatever the number of present or represented members may be.
The modifications to the statutes will be effective after approval by the competent authority in accordance with art. 50 § 3 of the law and after publication in the appendices of the Belgian Law Gazette in accordance with art.5 § 1 of this law.
The General Assembly specifies the terms of dissolution and liquidation of the Association.

Languages

Art. 24

The working languages of the Association are English and French. In case of dispute, the French text will have priority for the interpretation of the Statutes.

Other points
Art. 25

In case of dissolution of the Association, any net funds shall be disbursed to a non profit legal body of private law with similar non-profit social objectives as the Association.

Art. 26

Any items not explicitly treated in the present Statutes are ruled by the law of 1921, chapter III.

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10th December 2004, drawn up in Brussels.

(*) as translated from the original French version