[Int-koordination] Fwd: Legal difficulties with asynchronous voting on Statutes

[Thomas Gaul <thomas.gaul AT piratenpartei.de>]

z.K.


-------- Weitergeleitete Nachricht --------
Betreff: Legal difficulties with asynchronous voting on Statutes
Datum: Sun, 31 Jan 2016 16:43:51 +0100
Von: Thomas Gaul <thomas.gaul AT piratenpartei.de>
An: PPEU Board <pp-eu.board AT lists.pp-international.net>
Kopie (CC): EU Election coordination group
<pp-eu AT lists.pp-international.net>, pp-eu.council AT lists.pp-international.net

Dear Board of PPEU!

Considering the current statutes it will be legally not possible to vote
on statutes amendments in an asychronous voting system. In the current
state the statutes only allows to vote in a syncronous way such as
online or real life meeting, meaning the vote has to be instant. For
this just read Art. 14 (7) 'Meeting may be in person or online' and Art.
25 (2) 'members entitled to vote present represented'.

If so wanted the statutes must  be changed in a real meeting first,
before you can implement a asyncronously voting system.

As time goes by we propose to go for an online meeting first on mumble
at a given time and date. Considering the time lap between the council
meeting in Brussels and today at this online meeting of the Council of
PPEU all proposed statute amendments concerning the move to Luxembourg
should be dealt with plus a proposal on the possibility of an
asyncronous voting plattform.

This is a great chance for PPEU for getting registered in Luxembourg in
the shortest time possible and it should not be omitted.

On behalf of PPDE we urge you to invite a Council meeting a.s.a.p., esp.
on changing the statutes. We also recommend an organised discussion way
up front before the meeting, as well as asyncronous as online in person.

Best regards
Thomas Gaul
on behalf of PPDE
Delegation to PPEU

P.S.: Publishing the minutes of the PPEU Board would help trusting the
board with its work.



####
http://ppeu.net/wiki/doku.php?id=statutes:final

Article 14 - Composition and Powers of the Council
(7) The Council will meet at least once in a calendar year, more often
if requested by at least 1/4 of the Ordinary Members or by a decision of
the Board. _Meeting may be in person or online_. If the Council meeting
is in person, remote participation of non-attending members shall be
possible. The Board will prepare the meetings and invite all members by
email at least one month before the date of the Council meeting. In
urgent cases this time may be shortened to an appropriate length. _The
invitation to the Council meeting has to specify date, time, place and
the draft agenda of the meeting_. A link to a website with the agenda in
the invitation shall be sufficient and necessary.

Article 25 – Change of Statutes
(2) Decisions regarding amendments to the Statutes can only be taken if
there is an attendance quota of two-thirds of the _members entitled to
vote present or represented_ and shall be taken with a double majority
of two-thirds of the votes cast by two-thirds of the Ordinary Members
taking part in the voting, except for decisions on the Principles (Art.
4) and Objectives (Art. 5) where consent of all the Ordinary Council
Members is necessary.




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Geschäftsführer), Lothar Krauß (Stellvertretender Schatzmeister), Mark
Huger (Stellvertretender Generalsekretär), Bernd Schreiner
(Stellvertretender politischer Geschäftsführer), Michael Ebner
(Stellvertretender Generalsekretär)

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