BY-LAW OF THE INTERNATIONAL ASSOCIATION OF PROCEDURAL LAW
As Amended 25 July 2011 and 21 November 2018
(1) There is established by those who have voluntarily adopted these Rules later modified by the members at the 14th International Congress of the Association at Heidelberg, Germany in 2011,an association known as the International Association of Procedural Law, in accordance with the principles laid down by the organising committee at the 5th International Congress in Mexico in 1972.
(2) The Association is constituted as a non-profit association under the laws of the Grand Duchy of Luxembourg (Loi du 21 avril 1928 sur les associations sans but lucratif et les établissements d’activité publique).
(3) The Association is established for an unlimited duration.
The Association’s purpose (per Art.2 of the Modified Law of the 21st of April 1928 on associations and non-profit foundations) is to promote the development of the study of procedural law by encouraging collaboration among lawyers and academics in different countries and the exchange of information on sources, publications, practice and adjudication. Further, to participate with other juridical experts to promote the study of procedural matters in national and international research institutions.
To achieve these objects the Association will in particular:
(a) Organise world congresses and international colloquia, decide where they are to be held and indicate the subjects for discussion. World congresses will be held at least every four years and colloquia at least every two years. Guidelines for the congresses and colloquia setting forth the conditions to be met by these events will be promulgated in order to advance the mission of the Association;
(b) Cooperate with national and multinational associations of procedural law with the goal of advancing the study of justice and procedure;
(c) Provide for the publication of an information bulletin concerning the activities of the Association, for the publication of an international journal, and any other publications authorized by the Council to further the objectives of the Association, including the papers presented at the world congresses and international colloquia.
(d) Maintain an official web-site and use other social media as will best enable the accomplishment of the Association goals.
(e) Engage in such other activities as will advance the goals of the Association.
(1) The Association is composed of individual members who have been chosen by the Presidium. With the aim of ensuring the highest degree of international representation, the number of members may be increased by the Presidium, but not by more than thirty per cent above the previous number. The Council may nominate honorary members from among the most eminent jurists in each of the different families of legal systems. Between world congresses these powers are delegated to the Presidium, pending confirmation by the Council.
(2) In addition, any individual member may propose candidates by sending their curricula vitae to the Secretariat-General of the Association.
(3) The minimum number of associates is three.
(1) The organs of the Association are:
(a) A General Assembly of members;
(b) The Council;
(c) The President;
(d) The Secretariat-General;
(e) Four Vice-Presidents.
(2) The President, the four Vice-Presidents and the Secretariat-General shall constitute the Presidium.
(3) The members of the Presidium are elected for a period of four years to any of the above-listed offices, immediately renewable for one additional term in their current position. A member of the Presidium, with the exception of the President, serves as the Treasurer of the Association,
(4) The members of the Council are elected for a period of four years, immediately renewable for two additional terms.
(5) The President may not serve as the president of a national or regional association of procedural law while being President of the Association.
(1) A General Assembly of the members shall be convened by the President on the occasion of World Congresses. The General Assembly shall elect the Council and may adopt and modify these Rules in accordance with recommendations of the Council upon the initiative of the Presidium. In cases of emergency, the President, with the consent of the Presidium and of the Council, may submit deliberations to an electronic vote of the members of the General Assembly, subject to ratification by the General Assembly at its next meeting.
(2) An invitation to the General Assembly shall be made at least 21 days before the scheduled date; this invitation should include an agenda. Invitation is made by postal or electronic mean.
(3) The decisions of the General Assembly are taken by a majority of the votes cast. Voting by proxy or delegation is not permitted.
(4) Minutes shall be recorded by the Executive Secretary General and signed by the Chairperson; this should include the number of participants to the General Assembly.
(5) An Extraordinary General Assembly may be convened by the President according to Article 15.
(1) The Council is comprised of the Presidium, the honorary members, and other members chosen from different countries in such a way as to ensure representation from the various families of legal systems. The total number of the members of the Council shall not exceed twenty-five members, excluding the honorary members and the Presidium. The Council has the power to consider the organisation and scientific activities of the Association, to elect the President, the four Vice-Presidents and the Secretariat-General and the honorary members, and to make recommendations for the organisation of world congresses and international colloquia as described in Article 3(a).
(2) The Council shall meet at the world congresses and international colloquia.
(3) The quorum for meeting of the Council is eight members. Decisions are taken by a majority of votes cast. If the vote is tied, the President has a casting vote. The honorary members do not count as part of the quorum. The President may submit the Council’s deliberations to a postal or electronic vote of the members of Council. Voting by proxy or delegation is not permitted.
The President is the representative of the Association in all its external relations and gives effect to the decisions of the general assembly and the Council. It is the President’s duty to maintain contact with national and international associations having the same objects as the Association. The President convenes meeting of the Council and, in cases of emergency, may adopt, with the consent of the Presidium, appropriate measures, subject to ratification by the Council at its next meeting. The President remains in office until the conclusion of the congress following the President’s election or until the term for which elected if that does not extend to the conclusion of the congress.
(1) The Secretariat-General is appointed by the Council. It comprises a maximum of four members, one of whom is designated the Executive Secretary-General.
(2) The Secretariat-General collaborates with the President in carrying out the functions of the office. The Executive Secretary-General replaces the President in the event of incapacity. If the incapacity lasts more than six months the Secretary-General shall convene the Council with a view to replacing the President.
(3) The Secretariat-General remains in office until the conclusion of the Congress following its appointment.
(1) The domicile of the Association (siège) is Luxembourg, 4 Rue Alphonse Weicker, L-2721 Luxembourg.
(2) The Association is non-partisan and independent.
(3) The Association exclusively and directly pursues charitable and non-profit purposes within the meaning of the Modified Law of the 21st of April 1928 on associations and non-profit foundations. It does not pursue primarily self-economic purposes and benefits from a tax charitable status per Art. 159 and Art.161 Code fiscal luxembourgeois.
The official languages of the Association are English, French, German, Italian, and Spanish.
(1) The funds of the Association comprise the subscriptions of members and gifts from organizations and national and international organizations or from private persons. Subscriptions are fixed by the Council and approved by the General Assembly.
(2) The accounts of the association are held by the Spuerkeess Luxembourg and administrated and operated by the Treasurer.
(3) The funds of the Association may only be used for the purposes anticipated by this Statute.
(4) On the proposal of the Presidium, the General Assembly appoints two members of the Association to review the proper conduct of the accounts by the Treasurer for a period of time of 4 years. The accounts are annually reviewed and reported annually to the Presidium and the Council, during the World Congress to the General Assembly.
(5) The financial year is that of the calendar year.
(1) The Association has three categories of membership which vary in their rights and responsibilities as set forth in these By-laws:
(2) Honorary, benefactor and ordinary members enjoy all of the rights of membership. Honorary members are excused from the payment of dues.
(1) The status of membership can be terminated by death, bankruptcy, resignation or expulsion of the member.
(2) Each member may leave the association at the end of a financial year. The resignation must be declared in writing no later than one month before the end of the financial year to the Executive Secretary-General.
(3) Removal can be announced by the Presidium for serious cause. Such a serious cause exists in particular if, despite two written reminders, a payment obligation to the Association has not been settled and in the last reminder, the possibility of exclusion has been pointed out. The Presidium decides on the exclusion with the majority of the valid votes cast.
(4) The affected member may, prior to removal, appeal to the Council.
(1) The dissolution of the Association can be decided only by an Extraordinary General Assembly with a two-thirds majority of Members appearing.
(2) An invitation to this Extraordinary General Assembly must be issued to each Member at least 21 days in advance of the date of the meeting. This Extraordinary General Assembly must have been organised specifically for the purpose of the dissolution of the Association. This purpose must be indicated in the invitation.
(3) Upon the dissolution of the Association, the assets of the Association shall fall to the University of Luxembourg with the aim to use it for research in comparative procedural law and shall exclusively and directly use them for tax-privileged purposes.
The founding members of the Association are:
Prof . Dr. Loic Cadiet
Prof. Dr. Fernando Gascón Inchausti
Prof. Dr. Burkhard Hess