Re: [Int-koordination] [pp-eu] [pp-eu.coordinators] complete list of nominations for the Board of the European Pirate Party

[Martina Pöser <martina.poeser AT bremen.piratenpartei.de>]

Dear MAB,

thanks for fixing it soon.

I still maintain that my information was not faulty, even if I admit that it 
might have been better to refer the Czech Pirates to you or rather Amelia and 
Christian than answer their question myself.

The statutes read as follows:

Art. 17 - Election of the Board Members
Each candidate must be nominated by an Ordinary Member. 

(...) 

All nominations shall be done at least a month prior to the meeting at which 
the election takes place. (...)

This means to me: To be able to nominate a candidate, you must be an Ordinary 
Member at the time of the nomination. As there is a time-limit for the 
nomination of a month prior to the election, only those parties which are 
Ordinary members at that point in time may be able to nominate candidates.

As a legally educated person, I can, of course, see some loop-holes here:

It only says "shall" in regard of the time-limit (and not "must" as for the 
nominations), so in extraordinary cases nominations could also be accepted 
later on. Such an extraordinary case could be, if a party only becomes 
eligible to nominate candidates at a later point in time than a month before 
the election. And if we are very gracious, we could also accept that 
nominations handed in by parties which only later become an Ordinary Member 
will enter into force, as soon as they become an Ordinary Member and need not 
be repeated then.

The other question is, who may decide about these interpretations and 
circumstances. I suppose that in the end the decision will fall to the 
Council, if nominations shall be valid or not and only resolved at the 
founding meeting. But maybe I overlooked a provision there that gives these 
powers to the Board and therefore for now to Amelia and Christian.


Best regards,

Martina




-----Ursprüngliche Nachricht-----
Von:    mattias.bjarnemalm AT piratpartiet.se
Gesendet:       Mi 26.02.2014 18:03
Betreff:        Re: [Int-koordination] [pp-eu] [pp-eu.coordinators] complete 
list of nominations for the Board of the European Pirate Party
An:     EU Election coordination group <pp-eu AT lists.pp-international.net>; 
CC:     ENGSTRÖM Christian <christian.engstroem AT europarl.europa.eu>; List for 
international coordinators of the Pirate Parties of the EU 
<pp-eu.coordinators AT lists.pp-international.net>; Internationale Koordination 
<int-koordination AT lists.piratenpartei.de>; Piratenpartei Deutschland | 
Bundesvorstand <vorstand AT piratenpartei.de>; ANDERSDOTTER Amelia 
<amelia.andersdotter AT europarl.europa.eu>; Mailingliste der AG Europa 
<ag-europa AT lists.piratenpartei.de>; 
> Dear Martina, I will fix the nominations and send out an update within a 
> couple of days. Fortunately it seems that I have missed no candidates, 
> only some minor errors on who nominated who.
> 
> Regarding the problem of you giving advice regarding nominations to the 
> Czech Pirate Party I would like to remind you that the statues clearly 
> state: "The Board is responsible for the organisation and convening of 
> Board and Council meetings and the making and publishing of the minutes 
> of those meetings. " and "All functions related to the meeting normally 
> carried out by the board shall be carried out by the Pirate Members of 
> the European parliament.".
> 
> So when the Czech Pirates asked you for clarification it would have been 
> good if you had redirected them to our MEPs so they could get a 
> clarification from the ones organizing the founding conference. 
> Unfortunately that did not happen and I suppose you will have to convey 
> to them that you by mistake gave them faulty information.
> 
> Best regards,
> 
> Mattias
> 
> 
> 
> On 2014-02-24 19:59, Martina Pöser wrote:
> > Dear MAB,
> > 
> >  there is a mistake on the list: I was not supported as "Other Board
> > Member" by PP-DE, only as Vice-Chairperson because they didn't want to
> > nominate people for more than one position, but only for the position
> > they would like to see them most in.
> > 
> >  And I also think some of PP-CAT's nominations for "Other Board
> > member" are missing. But that is up to PP-CAT to confirm.
> > 
> >  If we accept the Estonian nomination, even as the Estonian Pirates
> > have not ratified the Statutes yet, there might be a problem with the
> > Czech Pirates, as I gave them the answer that they could not nominate
> > anyone, because they wouldn't ratify the Statutes of PPEU in time with
> > the time limit for nominations. And I really don't want them angry
> > with me for having trusted my answer and not handing in any
> > nominations in time. We might need to find a common stance there.
> > 
> >  Best regards,
> > 
> >  Martina
> > 
> >  Am 24.02.2014 19:42, schrieb BJARNEMALM Mattias:
> > 
> >> Dear all,
> >> 
> >> I have attached the compilation of nominations that have reached the
> >> offices of our Swedish MEPs in time to be considered for the board
> >> election at the founding conference (in accordance with article 28
> >> of the statutes of the European Pirate Party:
> >> http://ppeu.net/wiki/doku.php?id=statutes:final [1] ). Please look
> >> carefully at the attached document to see if there is any nomination
> >> that has failed to reach us. If so you should immediately bring this
> >> to my attention and I shall see what can be done to remedy the
> >> situation.
> >> 
> >> Take notice that none of the nominations actually fulfilled the
> >> requirement in article 28th of the statutes for the European
> >> Pirates. That clause states that any nomination shall, in addition
> >> to being sent by email, also be sent by regular mail to the address
> >> of the European Pirates here in Brussels. As this lacj of physical
> >> letters might be due to negligence of the Belgian postal service any
> >> nomination listed in the attached document that reaches the address
> >> before the start of the meeting on the 21st will be considered
> >> valid. You can have your delegates bring the letter to Brussels and
> >> hand it over before the start of the conference.
> >> 
> >> There is extra information on most of the candidates on the
> >> unofficial wiki compilation that the German Pirate Party has
> >> graciously hosted for us:
> >> http://wiki.piratenpartei.de/PPEU/Board_Candidates#cite_note-PPFR-3
> >> [2] Take note that in any circumstance where the information on that
> >> page differ from the information in the attached document to this
> >> email the attached document takes precedence.
> >> 
> >> Best regards,
> >> 
> >> Mattias Bjärnemalm,
> >> Acting on behalf of the Pirate members in the European Parliament in
> >> accordance with the transitional provisions of the statutes for the
> >> European Pirates
> >> 
> >> _______________________________________________
> >> pp-eu.coordinators mailing list
> >> pp-eu.coordinators AT lists.pp-international.net
> >> http://lists.pp-international.net/listinfo/pp-eu.coordinators [3]
> > 
> > 
> > 
> > Links:
> > ------
> > [1] http://ppeu.net/wiki/doku.php?id=statutes:final
> > [2] http://wiki.piratenpartei.de/PPEU/Board_Candidates#cite_note-PPFR-3
> > [3] http://lists.pp-international.net/listinfo/pp-eu.coordinators
> > 
> > _______________________________________________
> > pp-eu mailing list
> > pp-eu AT lists.pp-international.net
> > http://lists.pp-international.net/listinfo/pp-eu
> 
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