59, Boulevard de Verdun
Art. 1. Objects
EuroExpert, is a not for profit organisation, which shall not pursue any party political objectives.
Its objects are:
- The development, promotion and convergence of and education in common ethical and professional standards for experts within the European Union, based upon the principles of high qualification; personal integrity; independence; impartiality; objectivity and respect for confidentiality.
- The provision of a point of contact between experts and the European Commission; the European Parliament; the European Court and other institutions of the European Union as well as any other institution which deals at European or international levels with tasks and issues concerning the type of work which experts do.
- Cooperation and relations with judicial and legal authorities, government departments, official and private bodies and other appropriate tribunals and organisations for the purposes of accreditation and certification of experts and other matters relevant to the work which experts do.
- The provision of a forum for experts worldwide.
Art. 2. The Seat of EuroExpert
The seat of EuroExpert is in 2670 Luxembourg, 59 Boulevard de Verdun.
Art. 3. Definition of "expert"
Since there are differences in different states in the definition of the term "expert", the meaning of the word "expert" in relation to each member is listed and registered by the council. Members shall also undertake to adopt all EuroExpert standards. However, a common characteristic of all EuroExperts is an involvement in contentious matters and/or litigation.
Art. 4. Membership
A. Requirements for Membership
1. Full Membership
- There shall be not more than one full voting member for each Member State of the European Union. An organisation representing a substantial body of experts both numerically and by discipline in any one Member State shall be eligible to be such a member. Each such member organisation shall be entitled to nominate one of its members to be its representative at General Assembliess of EuroExpert.
- If in any Member State of the European Union no organisation exists that qualifies for membership under 1 a. any organisation representing experts in that state may apply in its own name or jointly with any other organisation or organisations in that State to represent (jointly, where appropriate) this State as a member in EuroExpert according to the EuroExpert Box regulations.
2. Associate Membership
- lf in any EU Member State no organisation exists or qualifies for membership under 4 A, 1, a. or b. EuroExpert may elect one expert from that state to be a non-voting associate member, until such time as a body from that state is accepted for membership under 4, A, 1, a. or b..
- Outside the European Union
There shall be created a Box in accordance with the Box regulations for all European States which are not members of the European Union.
- International Organisations
There shall be created a Box in accordance with the Box regulations for all International Organisations of experts.
There shall be created a Box in accordance with the Box regulations for all African states.
3. Corresponding Membership
Any Organisation that has an appropriate professional interest in matters involving experts may apply to become a Corresponding Member.
4. Rules of procedure
- The Council may establish any procedures and rules for elections of members. This includes Box regulations.
- The election or removal of a member requires approval by 75 per cent of the Council.
- Appeals relating to membership including termination shall be dealt with by the Annual General Assembly.
B. Any candidate for admission to EuroExpert shall before admission submit for approval by EuroExpert a definition of "expert" for that country. Any proposed amendment to such definition shall be subject to approval by EuroExpert.
Art. 5. Withdrawal of Recognition
In the event that as a result of a change in the pattern of representation of experts in a particular state, a member shall no Ionger be recognised by EuroExpert as representing a substantial body of experts in that state or shall fail to adopt EuroExpert standards, its membership shall lapse upon the passing of a resolution by Council withdrawing recognition from that member.
Art. 6. Founder Members
The founder members of EuroExpert are La Federation Nationale Des Compagnies D'Experts Judiciaires (FNCEJ) (France); Bundesverband öffentlich bestellter und vereidigter sowie qualifizierter Sachverstaendiger e. V., (BVS) (Germany) and The Academy of Experts (TAE) (United Kingdom).
Art. 7. Voting at General Assemblies
- The representative of each Full Member at a General Assembly shall have the number of votes to which the Member's State is entitled under Article 148 of the Treaty of Rome of 1957 in the consolidated version of the Treaty on European Union (Article 205 of the Treaty of Amsterdam 1997) and its follow-up treaties.
- At General Assemblies there shall be no postal voting. Where a vote is taken, any full member may also act on behalf of not more than one other full member.
- The right to vote in the General Assembly shall depend on the membership contributions having been paid in full. The complete membership contribution must be credited to the specified account of EuroExpert by 1 April of any given year. Payments of membership contributions shall first be credited against any outstanding arrears.
B. Changes in the constitution
A resolution to effect changes in the Constitution of EuroExpert requires approval by 75 per cent of Full Members represented at the meeting in accordance with Article 7. A. a..
C. Resolutions on Critical Matters
Resolutions on the following critical matters require approval by 75 per cent of the represented Full Members in accordance with article 7. A. a..
Changes in Ethical and Professional Standards for Accreditation and Recognition
- Any matter designated by the Council as a critical matter
D. Other business
Any other resolution requires approval by a simple majority of the represented Full Members in accordance with article 7. A. a..
Art. 8. Languages
The official and working language used by EuroExpert shall be English but individual members are free to use any convenient language when communicating with each other.
Management of EuroExpert
Art. 9. Council
There shall be a Council of EuroExpert who shall be responsible for the management of EuroExpert.
1. Members of the Council shall be as follows:
- The Chairman of Council, elected by the representatives of Full Members of EuroExpert at the Annual General Assembly for a term of five years.
- Four Members of Council, elected by the representatives of Full Members of EuroExpert at the Annual General Assembly for a term of four years. Once there are 14 Full Members at each subsequent Annual General Assembly one additional Member of Council will be elected per 5 additional Full Members.
- The President of EuroExpert ex-officio with no voting rights.
2. Council procedures
- One fourth of the council members under 1. b. shall resign in each year in rotation at the Annual General Assembly.
- No two members of the Council shall be from the same Full Member. This does not apply to the President.
- The term of office of the Council shall commence on 1 September in the year of its election and shall end on 31 August.
- Each member (1. a. and b.) shall have one vote, save for the Chairman who shall have a casting vote.
- Any Council Member may nominate a person to act as alternate at any meeting. This shall not apply to any duty as Chairman.
- If the Chairman of the Council is unable to attend a meeting, he shall nominate a Council Member to chair the meeting.
- Where a vote is taken, any Council Member may also act on behalf of not more than one other councillor.
- A meeting shall be validly constituted if three members of Council (1. a) and b)) are present. This number rises by one additional Councillor consecutively by each enlargement of the Council.
Art. 10. Vacancy in Council
lf a vacancy occurs in Council between Annual General Assemblies, the Council shall have the power to co-opt a representative of Full Member of EuroExpert to serve on the Council to fill the vacancy until the next Annual General Assembly.
Art. 11. President
There shall be a President of EuroExpert. The President of EuroExpert shall represent EuroExpert as its spokesman and shall give input to projects, programmes and events of EuroExpert.
A representative of the Full Members of EuroExpert will be appointed President by the Annual General Assembly in alphabetical order of the national names of their countries for a term of six months. New members would be added consecutively. The term of office of the President shall commence on the 1st January and the 1st July respectively of the year following appointment.
Art. 12. Secretary General
The day to day administration of EuroExpert shall be under the control of a Secretary General, who shall be appointed by the Council. The Secretary General shall attend meetings of the Council and shall have no vote.
Art. 13. Powers of the Council
The Council shall have the power to make and publish regulations governing the conduct of the affairs of EuroExpert.
Art. 14. Committees and Working Parties
- The Council shall have the power to establish committees and working parties to carry out (subject to the Council's control) the objects of EuroExpert.
- In particular Council shall have the power to appoint a committee to cooperate with national and European institutions, especially responsible accreditation and certification authorities, with a view to the creation of a qualification standard for experts which is generally recognised throughout Europe. This committee shall act as a coordinating body with a view to:
- the convergence of national qualifications for experts
- the establishing of qualification criteria recognised throughout Europe for experts.
Art. 15. General Assemblies
- Annual General Assembly
There shall be an Annual General Assemlby of members not later than the end of July of each year, of which not less than 30 consecutive days notice shall be given. The notice shall include details of the location and business to be conducted.The Chairman shall present a report of the previous year in Office and a programme for the coming year for approval by the Annual General Assembly. The Secretary General shall present audited accounts of the previous financial year for approval by the Annual General Assembly.
- Special General Assemblies
Upon the requisition, which must state its purpose, of not less than fifty per cent of Full Members, a Special General Assembly shall be called. Not less than 30 consecutive days notice of the Assembly and its purpose shall be given.
A meeting shall be validly constituted if representatives holding at least fifty one per cent of possible votes are present.
Art. 16. Bank Account
There shall be a bank account or bank accounts in the name of EuroExpert for the purpose of conducting the financial affairs of EuroExpert administered by the Secretary General.
Art. 17. Accounts
The financial year of EuroExpert shall run from 1 January to 31 December in each year. Audited accounts for the year ending on the 31 December prior to the Annual General Assembly shall be presented at the Annual General Assembly for approval. The books of account shall be produced to the Council upon demand.
Art. 18. Auditor
An independent external auditor who shall have no connection with the Council shall be appointed for one year at the Annual General Assembly.
Art. 19. Out-of-court and Court Representation
The Chairman and the Secretary General shall execute all deeds and documents for and on behalf of EuroExpert. The same shall apply to the court and out-of-court representation of EuroExpert, and to the giving of declarations of intent and the acknowledgement of receipt of notices for and on behalf of EuroExpert.