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

[mattias.bjarnemalm AT piratpartiet.se]

Article 17 is not applicable in all instanses where it contradicts 
article 28.

/Mab


On 2014-02-26 18:47, Martina Pöser wrote:
> 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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> > Int-koordination AT lists.piratenpartei.de
> > https://service.piratenpartei.de/listinfo/int-koordination
>
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