Fédération des barreaux d’Europe
STATUTES
I. CREATION AND EVOLUTION
The Federation of European Bars is the successor to the Conference of Principal Bars of Europe established on 27th June 1986 in Paris by the Bars of Amsterdam, Barcelona, Brussels, Geneva, Milan, Paris and Frankfurt as well as the Order of Portuguese Lawyers joined a little later by the Bar of Krakov.
On 23rd May 1992 at Barcelona the Conference of Principal Bars became the Federation of European Bars being open to all Bars established in a member state of the Council of Europe.
After several detail modifications the present statutes were adopted on 9th October 1999 at Taormina.
II. PRINCIPLES
The Federation of European Bars is a non-profit making organisation with a legal personality acting according to the law in the country of its registered office and these present statutes.
Its purpose is to group together the Bars established in member states of the Council of Europe.
It is concerned with individual and democratic representation of the European Bars.
It adheres to the principles which were established in the creation of the Conference of Principal Bars of Europe :
observing the fundamental principles set out in the European Convention on Human Rights bearing in mind the grouping of cultures and civilisations which are Common to the Member Bars
the need to guarantee for individuals and businesses the service of independent lawyers
the need for an independent organisation which ensures respect for the essential principles of the profession of lawyer in Europe
consideration of the particular role fulfilled by the European Bars in the defence of all liberties against every political economic and judicial authority
III. DURATION
The Association is established for an indeterminate period.
IV. OBJECTS
The Federation of European Bars has for its objects :
1. To bring together the Bars of Member States of the Council of Europe to put in place common activity while respecting their autonomy and independence, 2. To establish a permanent link between Member Bars particularly by the organisation of periodic meetings, 3. To represent the profession of lawyer with the European institutions, 4. To promote the supremacy of law, the independence of justice the right to a fair trial and human rights in general, 5. To promote the harmonisation of the profession in Europe equally in professional practice and professional ethics particularly in respect to independence, professional privilege, forms of professional organisations, legal control, training, remuneration, insurance publicity, 6. To ensure exchanges with lawyers of different continents and particularly with the Bars bordering the Mediterranean, 7. To ensure the level of professional quality and technical competence of lawyers and to watch over the harmonisation of specialisations ; 8. To promote exchanges and training contracts for young lawyers, 9. To bring together generally all information and assistance to improve the conditions for the exercise of the profession of lawyer particularly in the field of advice and defence but also in the protection of professional rules and in ensuring the defence of all liberties against every political economic and judicial authory, 10. To exchange information between Member Bars concerning practice, problems and changes in regulation of the profession in their country and to give mutual assistance when required.
V. OFFICE
The registered office of the Federation of European Bars is situate at 3 Quai Jacques Sturm Strasbourg
VI. ADMISSION TO MEMBERS
A request for admission by a Bar as a new member is to be in writing and submitted to the Presidency.
Bars eligible for admission to the Federation are national, regional or local Bars according to the appropriate organisation of the profession in each member state of the Council of Europe.
A Bar in a state which is not a member of the Council of Europe can be admitted as an observer if it declares that it acknowledges and will observe the principles set out in these statutes.
The Presidency must decide on the admission of a Bar as member or observer within three months of receipt of the request.
A Bar whose application has not been accepted may apply to the General Assembly by recorded delivery letter in the month following notification of the unfavourable decision or after the expiration of three months without a response.
Each request from a Member Bar to resign must be addressed to the Presidency by recorded delivery letter at least three months before the end of the current calendar year.
Exclusion of a Member Bar except on non-payment of subscription can only be decided by the General Assembly on a motion by the Presidency or a request by four Member Bars from different countries submitted in writing to the Presidency.
VII. ORGANISATION OF THE FEDERATION
A. General Assembly
a. The General Assembly has the greatest powers and is competent in all areas except in acting contrary to these statutes.
It appoints the members of the Presidency, it votes on the budget on subscriptions and approves the accounts.
It elects from its body for a term of two years a representative charged with supervising the accounts of the Federation such person (comptroller) may not be a member of the Presidency.
The General Assembly determines the lists and the composition of the permanent technical commissions and the Ad-Hoc Commissions.
The General Assembly alone is competent to modify the statutes
b. The General Assembly is convened by the Presidency.
It is required to meet at least once each year but can also meet extraordinarily upon request by four Bars from different countries submitted in writing to the Presidency.
The General Assembly is convened upon a minimum of 30 days notice except in emergency by ordinary letter containing the agenda.
c. The General Assembly is made up of Member Bars represented by their President.
The President may appoint a member of his Bar or the President of another Bar or his delegate as his representative.
d. The General Assembly votes by a simple majority of Bars present on ordinary resolutions and by a two-thirds majority of Bars present on extraordinary resolutions.
Extraordinary resolutions are :
Dissolution of the Association Amendment of the statutes Change of the registered office
All other resolutions are ordinary
The representation of each Member Bar follows a system modelled upon that of states in the Council of Europe :
Each Bar which has paid its subscription has at least one vote.
Each Bar entitled to vote has one additional vote for every 100 of its registered members up to a maximum of 40 votes.
The number of a Bars registered members is established by declaration made at the time of payment of its annual subscription.
B. The Presidency
a. The Presidency consists of the President in Office, the First Vice-President or the President elect, the Second Vice-President, the Secretary-General, the Treasurer.
All are appointed by the General Assembly not only considering their individual skills, but also an accurate cultural and geographical distribution.
The President can only be a president in office a former president a member or a former member of the Council of his Bar, can be appointed President or Vice-President.
The President and the two Vice-Presidents must belong to Member Bars from different countries.
The President, the First Vice-President and the Second Vice-President´s term of office lasts for one year and is not renewable.
The Secretary-General and the Treasurer each must each belong to Member Bars from different countries.
Their term of office is of two years renewable on a maximum of two occasions.
All of them begin their term of office at the end of election made by the General-Assembly.
Transitional provisions :
Presidency over 2003-2004 (2003-2004 and 2004-2005) shall include a fourth member in the person of the outgoing President.
b. The Presidency deals with the day to day running of the Federation.
It prepares the regular or occasional activities (General Assembly Congress Study Days etc..)
It controls the activities of the permanent technical Commissions and the Ad-Hoc Commissions.
It prepares the budget verifies the accounts and presents them for approval.
It appoints from amongst the presidents or former presidents of Member Bars for a term of two years one Representative of the Federation to the European Union and to the CCBE and a second Representative to the Council of Europe.
These two Representatives can be co-opted to assist the Presidency when necessary.
The Presidency generally ensures the upholding of the principles and objectives of the Federation of European Bars.
C. The Commissions
The permanent technical Commissions are to ensure continuity of information and reflection to enable the Federation of European Bars to establish its principles in the context of harmonisation of rules dealing with the main issues confronting the legal profession (professional ethics, training, human rights, right to a fair trial, relations with Bars bordering the Mediterannean etc…)
The Ad-Hoc Commissions are appointed specifically to deal with issues facing the Federation from time to time and which function as follows :
1. The adoption of a theme or themes for the year 2. National reports on the situation in the countries represented 3. Debate to work towards a common solution 4. Adoption of a resolution by the General Assembly 5. Distribution of this resolution among all the member Bars and relevant authorities 6. Carrying out of this resolution by the Bars themselves and where required intervention by the Bars or by the Federation with the relevant authorities to ensure its implementation
The list and composition of all Commissions is decided by the General Assembly taking account of individual knowledge and fair cultural and geographic balance.
D. The Advisory Council
a. The Advisory Council comprises the Past Presidents, the former General Secretaries and Treasurers of the Presidency.
The Advisory Council will be chaired by the most recent Past President.
The former General Secretaries and former Treasurers will act as secretaries to the Committee for one year, alternating.
The Advisory Council will meet at least once each year on the summons of the Immediate Past President, whether on his own initiative, or on the demand of at least three of its members or of the Presidency itself.
The Advisory Council will meet on the same date and place as the Presidency.
b. Its function will consist of helping the Presidency in all questions which it puts to it and watch over the maintenance of the ultimate objectives for which the FBE was created.
The Presidency will inform the Advisory Council of its current activities and its future plans so that the Advisory Council will be able to give consultation and support. It will also be consulted if a modification of the constitution is being considered.
The members of the Advisory Council may represent the FBE upon delegation of the current President.
VIII. THE SECRETARIATS OF THE FEDERATION
The management and logistics of the Federation of European Bars are ensured by two secretariats charged with assisting the organs of the Federation in their respective tasks under the control of the Secretary-General.
a. The Secretariat of the Presidency – located in Barcelona is particularly responsible for general management and arrangement of meetings of the Presidency and General Assemblies of the Federation.
It is also responsible for the permanent Mediterranean Commission.
b. The Commissions Secretariat – located at Strasbourg is particularly responsible for organising the meetings and circulating information and documents for members of the other permanent and ad-hoc Commissions and including reporting to the Presidency etc.
The personnel of the two Secretariats is determined by the Presidency to which they are responsible.
IX. SUBSCRIPTIONS
Each Member Bar will pay annually prior to 3lst March a subscription fixed by the General Assembly.
Only Bars whose subscriptions are up to date are permitted to vote and to use the services provided by the Federation.
The Presidency can exclude a Member Bar which is not up to date with its subscriptions.
The exclusion cannot take place until a final demand sent by recorded delivery remains unpaid for three months after despatch.
The decision to exclude is itself notified to the Bar concerned by Recorded Delivery letter.
The excluded Bar can appeal within one month of such notification by letter addressed to the Presidency which must then bring the appeal to the next General Assembly which will have the final vote on the matter.
A Bar excluded for non-payment of subscriptions cannot reapply for membership without paying the outstanding subscriptions due.
X. EXPENSES
a. The Congresses and other meetings of the Federation of European Bars are the sole responsibility of the organising Bars.
These should establish a provisional budget in consultation with the Presidency including specifically the level of registration fees required from each participant and where relevant the financial support from professional bodies external or local organisations.
b. The administrative expenses and the costs of the members of the Presidency are the responsibility of the Federation.
The expenses of the representatives of the Member Bars are the responsibility of those Bars.
Expenses of members of the permanent or ad hoc Commissions are the responsibility of those members or their Bars unless decided exceptionally by the Presidency.
XI. LANGUAGES
The Federation of European Bars recognises all languages from the countries represented in its body.
Working languages are French, English, German, Spanish and Italian.
Simultaneous translations in the five working languages of the Federation should be assured by the organising Bars on each full meeting of the Federation.