ESN Statutes

Statutes of Erasmus Student Network AISBL approved at the Annual General Meeting in Utrecth in 2009.

Erasmus Student Network Statutes in French

PREAMBLE

Erasmus Student Network is based on the idea of inter-cultural understanding, integration, mutual respect, and exchange. We – the representatives of ESN sections - are convinced that solutions, guided by this idea, can and have to be found for every appearing problem and challenge.

1. NAME OF THE ORGANISATION

The name of the organisation is Erasmus Student Network, hereafter called ESN. ESN received its name and spirit from Desiderius Erasmus of Rotterdam, The Netherlands who today symbolises student mobility. ESN is an international non-profit association, founded in Copenhagen on the 10th of February 1990 and legally registered in Belgium on the 30th of November 2005. The organisation has its official seat at Rue Hydraulique/Waterkrachtstraat 15, 1210 Brussels, Belgium.

2. AIMS

2.1 ESN aims at working in the interest of students who are spending parts of or their entire formal education at a higher education institution in a country other than the one of their origin, by means of:

2.1.1 Improvement of the social and practical integration of exchange students at their host institutions.

2.1.2 Representation of the needs and expectations of exchange students on the local, national and international level.

2.1.3 Provision of relevant information about academic exchange programmes and ESN resources.

2.1.4 Reintegration of homecoming students by making them active in the network.

2.1.5 Contribution to the evaluation of different exchange programmes.

2.1.6 Motivation of students to spent a period of their higher education in another country.

2.1.7 Social and practical preparation of students on the brink of their mobility period.

2.2 ESN aims at concerning itself directly or indirectly with these goals, defined as broadly as possible.

2.3 ESN aims at creating conditions for the better understanding of each other’s cultures between students of different origins.

2.4 ESN is a non- political organisation, and works without:

2.4.1 Connection to political parties or systems;

2.4.2 Commitment to specific political thoughts or ideologies.

2.4.3 Connection to any religious or confessional groupings.

3. STRUCTURE

The official bodies of the Organisation are the National Boards, hereafter called NB, the Annual General Meeting, hereafter called AGM, the National Platforms, hereafter called NP, the Council of National Representatives hereafter called CNR, the Council of National Delegates, hereafter called CND and the Board of ESN International, hereafter called Board. Of these bodies the AGM, NPs, the CNR, the CND and the Board are the decision- making bodies.

4. MEMBERSHIP

4.1 Any student organisation, which operates legally and in accordance with the principles and aims of ESN, can apply for membership. That organisation will be represented as such by its president or other legal entity and will be based in its country of origin.

4.2 An application for membership of ESN has to be presented by the applying section

4.2.1 To the National Representative hereafter called NR of the corresponding country or to the Board, if the country has less than 2 active sections.

4.2.2 To the NR or NB of the corresponding country, if it has at least 2 active sections.

4.2.2.1 The NP has the right to approve and expel sections from its national network.

4.2.2.2 The approval or the expulsion of a section requires a 2/3 majority of the votes.

4.2.2.3 The NR has to inform both the Board and the CNR about an approved or expelled section in his/her country within 4 weeks from the decision.

4.2.2.4 Approval or exclusion of a section from the national network affects the membership to ESN International.

4.2.2.5 The CNR can revise the approval or exclusion of a section, on request.

4.2.2.6 An applicant organisation from a country with 1 or no sections must be approved by the CNR following the procedure described hereafter:

4.2.2.6.1 The applicant organisation must represent itself at the first CNR meeting after the submission of the application form to the Board.

4.2.2.6.2 The CNR votes to give the applicant organisation the status of “candidate section”.

4.2.2.6.3 The Board must organise a study visit to the candidate section within six months.

4.2.2.6.4 The Board must report the results of the study visit to the CNR and give recommendation about giving the status of full membership.

4.2.2.6.5 In the following meeting, the CNR, having evaluated the report of the study visit, votes on full membership.

4.2.2.6.6 A candidate section has all the rights of a full member section except the following: to vote at the AGM, to present candidates to the Board, to use the ESN Corporate Design or include ESN in its title, except if it is followed or preceded by the words “candidate section”.

4.2.3 An accepted organisation shall be known as a “section”. It has the right to vote at the AGM, and to propose candidates for the post of NR, and for the Board.

4.2.4. All the individual members of the approved sections are considered individual members of ESN.

4.2.5 A section has to appear as being part of ESN International and should promote its membership whenever possible.

4.2.6 In order to appear as being part of ESN International a section is strongly recommended to use the official ESN International Corporate Design.

4.2.7 In addition to already existing names and logos, sections are encouraged to use the official ESN International logo and name.

4.2.8 A section must provide information of section activity within the past year to ESN International at least once a year, information, not concerning budgetary information, must be provided filling the appropriate form given by the Board at least once a year.

4.3 A section can be excluded if:

4.3.1 It works in ways that are incompatible with the spirit and aims of ESN.

4.3.2 On the last day of an AGM, it has not paid or given proof of the previous year's membership fee payment.

4.3.3 It does not provide information to ESN International at least once a year, information must be provided by filling in the appropriate form given by the Board.

4.4 At least one month before the meeting of the competent official body where the section will be excluded, that section must be contacted in writing and be informed of their imminent exclusion.

4.4.1 The section will, from that date have three weeks to respond to the proposal of exclusion.

4.4.2 A response has to be taken into consideration for the eventual exclusion.

4.5 An excluded section may reapply for membership at the earliest twelve months from the date of exclusion.

4.6 A section may withdraw by sending a written notice to the NB or their NP or to the Board, if the country has less than two active sections.

4.6.1 Any obligation, monetary or other, accepted by the section must be fulfilled before sending a letter of withdrawal.

4.6.2 The withdrawal will be effective from the date of mailing.

4.7 The Board may extend associate membership to student organisations which wish to cooperate with ESN without being a full member section.

4.7.1 Associate members are not entitled to vote at the AGM, to field candidates for posts in ESN’s formal structure, or to use the name of the organisation.

4.7.2 The Board can revoke associate membership.

5. NATIONAL PLATFORMS

5.1 The sections of a country together form the NP.

5.1.1 The NP elects a NR and a Vice National Representative, hereafter called Vice-NR, in accordance with its own statutes or established procedures.

5.2 A NP must be comprised of all the country’s sections to be recognised as such.

5.2.1 The NP must approve with simple majority potential candidates for the Board.

5.2.2 For a vote to be considered valid, at least 50%+1 of all member sections existing at the first day of the NP have to be present or represented.

6. NATIONAL BOARDS

6.1 A NB has the same rights and duties as a member section unless stated otherwise.

6.2 A NB works in the interest of the sections in its country.

6.3 It is a NP free will to set up its NB.

6.4 The NP, according to its procedures and statutes, has to approve statutes and can approve the budget, action plan, vision and strategy of the NB.

6.5 A minimum of 3 sections in a country is required in order to set up a NB.

6.6 A NP, according to its procedures and statutes, elects the members of its NB.

6.7 A minimum of 3 people constitute a NB.

6.8 The NR is a member of the NB.

6.9 The NB has no vote at the AGM but has the right to speak.

6.10 A NB does not have to pay a membership fee to ESN International.

6.11 A NB can raise additional national membership fees from its sections. The NP has to approve the national membership fee.

6.12 A NB has to ensure the communication and collaboration between its member sections.

6.13 A NB has to enlarge and strengthen the national network.

6.14 A NB is responsible for national Public Relations and contacts.

6.15 A NB is responsible for the NP being organised.

6.16 A NB has to provide its NR with the financial and other resources necessary to fulfil his/her tasks, according to the statutes of the NB, if he or she has no support from other sources. The support depends on the NB’s own resources.

6.17 A NB has to appear as being part of ESN International by using the official ESN International Corporate Design.

6.18 Already existing names or logos that differ from the official ESN International Corporate Design can be used in addition.

7. ANNUAL GENERAL MEETING

7.1 The AGM is the highest decision making body of ESN, and must be convened by the Board once every year.

7.1.1 One third of the NRs can call an Extraordinary General Meeting.

7.1.2 The organising committee takes full organisational, financial and legal responsibility for the AGM.

7.1.3 For a vote to be considered valid, at least 50%+1 of all member sections approved before the 30th day before the first day of AGM have to be present or represented.

7.1.4 Decisions are made, unless otherwise stated, by a simple majority.

7.2 Notice of the AGM must be mailed to the sections at least ninety days before the first day of plenary session and must include information about date and place.

7.3 All sections must receive agenda and documents for the AGM no later than thirty days before the first day of plenary session.

7.4 For the AGM the Board must present a report of activities and general policy for approval.

7.5 The Board must present task lists, possible changes of Statutes, policies and budget for the coming year for approval by the AGM.

7.6 The AGM shall be conducted in accordance with the Standing Orders for the AGM.

7.7 The Final Documents will contain all approved reports and decisions and will be kept at the social headquarters.

8. NATIONAL REPRESENTATIVES

8.1 From each country with at least one member section, one NR must be elected and one Vice-NR may be elected.

8.2 Their NP elects NRs and vice-NRs for a period of one year.

8.4 The NR represents the country for which he or she was elected and will act upon decisions made by the country’s NP and in the general interest of his or her country and the corresponding sections.

8.4.1 For a CNR meeting an NR can delegate his or her rights to a delegate from his/her own country or an NR from another country in accordance with the country’s statutes or established procedures.

8.4.2 An NR can only have one delegated vote with her or his vote.

8.4.3 A delegate cannot have any delegated vote with her or his vote.

8.6 The NR must work in accordance with the generally accepted rules and procedures.

9. THE COUNCIL OF NATIONAL REPRESENTATIVES

9.1 The CNR is composed of all NRs.

9.2 The CNR scrutinises and checks the work of the Board, and must be consulted on budgetary, strategic and policy matters. During the year, the CNR acts as a substitute of the AGM on budgetary, strategic and policy matters.

9.3 The CNR can make a decision when more than half of the total number of NRs from member countries are present or represented.

9.4 All voting is, unless otherwise stated, done by simple majority of the present or represented NRs.

9.6 The CNR can remove single members of the Board, or the Board as a whole, through a vote of no confidence.

9.6.1 An NR can be excluded from the CNR if her or his activities do not fulfil the generally accepted rules and procedures of an NR or are deemed incompatible with the vision, mission and aims of ESN.

9.7 The Coordinator is the main person responsible for the contact between the Board and the CNR.

9.7.1 The Coordinating Team are the main people responsible for the meetings of the CNR.

9.7.2 The CNR must elect a Coordinating Team composed of a Coordinator and one or two Vice Coordinators from amongst themselves.

9.7.3 A new Coordinator or a Vice Coordinator can at any time be elected by simple majority of the CNR, when it has been proposed by one of the NRs.

9.8 The Board must meet with the CNR twice, immediately before and after the AGM, and at least four other times during the year, of which the first meeting will take place no later than 90 days after the AGM.

9.8.1 The President of ESN must inform the NRs about the meeting with the Board at least one month in advance, by e-mail, stating the time and location.The Coordinator must send the final agenda for the meeting to all NRs at least one week in advance. The Coordinator of the CNR Meeting must send the minutes of the meeting to the CNR and the Board before one month has elapsed after the meeting.

9.8.2 An extraordinary meeting between the CNR and the Board must take place if two-thirds of the NRs request it.

9.9 The CNR must approve the final agenda and documents for the AGM.

9.10 The CNR will conduct its affairs in accordance with the relevant Standing Orders.

10. THE BOARD

10.1 The Board consists of five people elected by two groups, the CNR and the sections present or represented at the AGM, each group having half of the vote.

10.1.1 The Board shall consist of the following members: a President, a Vice-President, a Treasurer, a Web projects Administrator and a Board member in charge of External Relations.

10.1.2 A Board member cannot be a NR.

10.2 The transition between the newly elected and outgoing Board and the relief of the outgoing Board is defined in the Standing Orders for the Election and Constitution of the Board.

10.2.1 If the Board, or a single Board member, is not relieved, they remain in charge until the CNR decides to release them, and the new Board or Board member cannot enter in charge.

10.3 A Board Member can be re-elected only once.

10.4 The Board can make the decision when more than half of the total number of Board members are present. Decisions are approved by a simple majority.

10.5 A vote of no confidence requires an absolute majority of all NRs present or represented.

10.5.1 If such a vote is carried out, or if a Board member decides to step down in midterm the CNR will, at the earliest possible opportunity, elect the substitute to the vacant position, without prejudice to Article 10 herewith and the relevant Standing Orders.

10.5.2 A Board Member that does not attend two Board Meetings or two CNR Meetings in a row will be proposed to step down. The CNR will decide whether the Board Member has to step down or not.

10.6 The Board has responsibility for the conduct of all operational task, the management and the representation of ESN.

10.6.1 The Board can make decisions on all matters concerning ESN, except budgetary, strategic, policy matters and rights exclusively given to CNR and/or AGM.

10.6.2 Board decisions can be reversed by the CNR, CND and the AGM.

10.7 Working groups can be established under the supervision of a Board member, to assist with certain tasks.

10.8 The President of ESN must inform the members of the Board of a Board Meeting at least one month in advance, stating the time and place. The final agenda for a Board Meeting must be sent to all the Board Members at least one week in advance. The minutes will be sent out to the Board Members and the NRs at the latest one month after the Board Meeting.

10.9 Notice of Board meetings must be mailed to the CNR at least three weeks in advance, stating the time, place and final agenda at least one week in advance.

10.10 The Board will conduct its affairs in accordance with the Statutes and Standing Orders of ESN International.

10.11 ESN is represented by the members of the Board jointly and individually. Furthermore, the President of the Board can appear on behalf of ESN on any deed.

10.11.1 The Board or the President of the Board can authorise one or more persons to represent ESN by means of a limited or unlimited power of attorney.

10.11.2 The Board may appoint any person to carry out a specific task under its responsibility. The Board shall be accountable to the AGM for the activities of this person.

10.12 The name, nationality, date of birth and official permanent address of each Board member shall be communicated to the Belgian Ministry of Justice immediately after his or her election, to be published in the “Annexes du Moniteur Belge”.

11. COUNCIL OF NATIONAL DELEGATES

11.1 The CND is constituted by all the NRs and two additional delegates for each country.

11.2 The delegates should preferably be NB members but it is up to the NPs to appoint them.

11.3 The CND meets annually between two AGMs.

11.4 Each country present at the CND must have one vote.

11.5 This vote will be delegated by the NP to an “official representative”.

11.6 The CND will conduct its affairs in accordance with the Standing Orders of the CND.

12. ESN ALUMNI

12.1 An ESN alumnus is a former ESN active member who used to be a member of any ESN section, Organising Committee of an international ESN event, member of the CNR or the Board of ESN.

12.2 ESN Alumni Platform is the general gathering of the ESN Alumni.

12.3 ESN Alumni Platform must elect the ESN Alumni Board members.

12.3.1 The ESN Alumni Board is responsible for the operational tasks concerning the ESN Alumni.

12.3.2 The ESN Board can call for an ESN Alumni Platform.

12.3.3 Every six months the ESN Alumni Board must provide a report to the ESN Board.

12.3.4 In case of any change in the ESN Alumni Board, the ESN Board must be informed.

12.3.5 The ESN Alumni Board decisions can be reversed by the ESN Board.

12.3.6 The ESN Board and CNR jointly have the power to discharge the ESN Alumni Board. In this case, the ESN Board must call for an ESN Alumni Platform to elect a new ESN Alumni Board.

12.4 The ESN Alumni Board must call for the ESN Alumni Platform at least once a year.

12.8 Any ESN alumnus can take part in the Alumni Platform.

12.10 A database of all ESN Alumni should be kept and managed by the ESN Alumni Board.

12.10.1 The ESN Board has access to this database.

12.11 ESN Alumni will be offered information by the ESN Board about what is going on within ESN.

12.12 ESN Alumni are welcome to support actively ESN.

12.12.1 By actively participating in ESN events.

12.12.2 By using their resources on behalf of ESN.

12.12.3 By sharing their professional experience with ESN.

13. FINANCES

13.1 The financial resources of the organisation consist of membership fees and other income.

13.2 All full member sections are obliged to pay an annual membership fee.

13.2.1 The membership fee covers one calendar year.

13.2.2 For the first year of membership, a section only pays half the fee.

13.2.3 Sections whose application lies within the months of November and December will be exempt from membership fees for the remainder of that year.

13.3 The membership fee is decided by the AGM.

13.3.1 Proposals can be made by the Board or by any member section.

13.3.2 If no decision is reached, the membership fee for the preceding year will be maintained.

13.4 The fiscal year runs from 1st of January to 31st of December.

13.5 The Treasurer is, on behalf of the Board, responsible for the accounting of the financial means of the organisation, and for presenting the financial report for approval by the AGM.

13.5.1 The financial report includes the balance sheet, the income statement and an overview of the cashflow of the current year compared to at least the previous year.

13.6 At the AGM two individuals, both independent from the Board or the CNR, must be appointed to audit the finances of the organisation.

13.7 The organisation’s budget for the current fiscal year must be submitted for approval to the AGM.

13.8 At the AGM the Board should also present an interim report of ESN’s finances for the period of 1 of January until the AGM takes place.

13.9 The balance sheet of ESN shall be presented in legal simplified form, immediately after its approval by the AGM, to the Belgian Ministry of Justice, to be published in the “Annexes du Moniteur Belge”.

14. OFFICIAL DOCUMENTS

14.1 The AGM can create, revise, and abolish the official documents of the organisation, in accordance with the Statutes and Standing Orders.

14.2 Disputes concerning differences of interpretation of all official documents shall be settled by the Board unless otherwise stated, but can be overruled by the competent bodies.

15. STANDING ORDERS

15.1 All official meetings of the Board, the CNR, the CND and the AGM shall be conducted in accordance with the relevant Standing Orders.

15.2 The Statutes and the Standing Orders are separate documents. The Statutes are concerned with general organisational principles; while the Standing Orders are concerned with the procedural conduct of the organisation’s various bodies.

15.3 If the Statutes and Standing Orders are not in compliance with each other, the Statutes overrule the Standing Orders.

15.4 The Standing Orders of ESN are: Standing Orders of the Annual General Meeting, Standing Orders for the Council of National Representatives and the Board, Standing Orders for the Council of National Delegates, Standing Orders for the Election and Constitution of the Board.

15.5 Changes to the Standing Orders must be initiated in accordance with the same procedure as for Statute changes.

16. VALIDITY OF THE STATUTES

16.1 The French text which is deposited at the Greffe du Tribunal Administratif in Brussels is the official version of these Statutes.

16.2 At the AGM two individuals, both independent from Board and CNR, must check for the correspondence of the English version of these Statutes with the official one and the translation in French of the approved changes.

16.3 In case of a dispute, the Statutes of ESN International overrule any statutes, decisions, or regulations of an NP (or section) if not forbidden by national law.

17. CHANGING THE STATUTES

17.1 The Board, the CNR or the member sections may initiate amendments to these Statutes.

17.2 If the Board initiates changes, they must be decided at a Board meeting no less than 60 days before the AGM, where they must be confirmed.

17.3 If the CNR initiates changes, they must be decided at a CNR meeting no less than 30 days before the AGM, where they must be confirmed.

17.4 If a member section initiates changes, it must be supported in writing from at least five other sections, and present their proposals to the Board in writing, at least 60 days before the AGM, where they must be approved.

17.5 Changes to these Statutes must be approved by a two-thirds majority of the AGM.

17.5.1 Changes to these Statutes must be submitted to the Belgian Ministry of Justice and published in the Annexes du Moniteur belge.

17.6 Changes to the Standing Orders follow the same procedure as changes to the Statutes except for point 18.5.1.

18. DISSOLUTION OF THE ORGANISATION

18.1 Dissolution of ESN must be decided by a two-thirds majority of sections present at two consecutive General Meetings, held no less than three months after each other.

18.2 In case of dissolution, all assets of ESN will be turned over to UNICEF.

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