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

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

Hallo,

die schnelle, vermutlich nicht mit dem Board abgestimmt Antwort hat uns
soeben erreicht.

Beste Grüße

Thomas


-------- Weitergeleitete Nachricht --------
Betreff: Re: [pp-eu] Legal difficulties with asynchronous voting on Statutes
Datum: Mon, 1 Feb 2016 17:32:22 +0000
Von: BJARNEMALM Mattias <mattias.bjarnemalm AT europarl.europa.eu>
Antwort an: PPEU coordination group <pp-eu AT lists.pp-international.net>
An: EU Election coordination group <pp-eu AT lists.pp-international.net>,
PPEU Board <pp-eu.board AT lists.pp-international.net>, Council of the
European Pirate Party <pp-eu.council AT lists.pp-international.net>

Dear Thomas, dear all,

1) our statutes say nothing about whether we can have an asynchronous
voting system or not. The board is of the opinion that as asynchronous
voting is an age old method that has been employed at numerous physical
meetings all over the world for hundreds of years, in the form
voting urns and the possibility to go and vote over the course of the
day(s) that the meeting is going on, or during a more limited time
frame, while at the same time allowing other discussions in plenary.
Doing that in the online environment during a meeting is not more
strange than doing it in the fleshworld. And as it is a
practicalimplementation of voting on a very concrete level it is
definitely not addressed in our statutes.

On a similar note: the choice platform in the digital environment (be it
Mumble or any other platform) is the equivalent of the choice of venue
in a physical meeting. It is normally handled by the board (or in more
professional organisations by staff) and nothing that has to be decided
on by the council (unless the council explicitly desire to do so, as is
their prerogative, §14(1)).

This is of course the boards interpretation of the statutes, and should
any member disagree with our interpretation you are more than welcome to
address that disagreement at a council meeting.
2) The reason the board have not presented a new call for a Council
meeting to address the proposed statute changes is that our statutes
clearly states that there are some topics that shall always be addressed
at the first council meeting of the year. Namely Membership fees,
§13(1), and board elections, §17(5). So the board need to prepare these
topics before we can set a date for a new Council meeting.

3) If there is, as you imply, a lack of trust for the board of the
European Pirate Party from our German member I am more than willing to
speak directly to the board of the German pirate party to address that
issue. I believe that trust is imperative if we want to achieve anything
together, and if there is a lack of trust it must be addressed at the
highest possible level.

I hope my explanations has shed some light on the situation, and I thank
you for getting in touch with us regarding your concerns.

Best regards,

Mab


>-----Original Message-----
>From: pp-eu [mailto:pp-eu-bounces AT lists.pp-international.net] On Behalf Of
>Thomas Gaul
>Sent: 01 February 2016 11:11
>To: PPEU Board; Council of the European Pirate Party; EU Election
>coordination group
>Subject: [pp-eu] Legal difficulties with asynchronous voting on Statutes
>
>
>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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