Wahlen 2019
Paris, July 2019
Dear Members of the International Association of Penal Law,
I would like to give you some information as to the decisions taken by the Board of Directors with a view to the elections which will take place in 2019.
According to the Status of the Association, the Association will elect its new President and renew the composition of its Board of Directors at the Association’s General Assembly, to be held in Rome (Italy), on November 16th, 2019, on the occasion of the XXthInternational Congress of Penal Law.
The nominations should be sent to the appropriate person (see below) before15 September 2019. Candidatures proposed after this date will not be taken into consideration.
The candidatures should be examined by the Executive Committee.
The final list of candidates will be presented to the Board of Directors at the meeting in Rome in November 2019.
To prepare the elections, I would thus like to invite you to send your proposals for possible candidates for the Board of Directors (25% must be renewed) to Prof. Carlos Eduardo Japiassú (ceajapiassu@uol.com.br), Secretary General of the Association.
Nominations for the presidency and the position of the Secretary General should be sent to Prof. José Luis de la Cuesta (joseluis.delacuesta@ehu.eus), Honorary President of the Association.
Yours cordially,
Carlos Eduardo A. Japiassú
Secretary General
APPLICABLE REGULATION
BY-LAWS AND INTERNAL REGULATION
ARTICLE 10 - RIGHTS OF MEMBERSHIP
(…)
3. Each member who has paid his dues for two consecutive years before the Congress shall be eligible for election to an office in the Association in accordance with the by-laws.
Internal Regulation: Regarding article 17 of the By-laws:
1) The Board intends that about 25% of its members are renewed at each election.
2) When the General Assembly has elected less than 57 members, the Board can itself co-opt members up to the maximum number permitted by the By-laws.
3) Nominations of candidates for the Board of Directors are received by the Secretary General, accordingly to the calendar approved by the Board of Directors. To that end, the Secretary General sends all members of the Association a letter designed to solicit nominations of candidates.
4) Nominations for Board members received by the Secretary General under the conditions defined above, are examined by the Executive Committee. The Executive Committee prepares a list of candidates. This list is examined by the Board either before or at the first meeting held during the Congress and is put to a vote at the General Assembly according to the conditions set forth in article 17 of the By-laws.
(…)
7) The session of the Board at which the candidates are examined is normally presided over by the current President. When the current President is a candidate to be his or her own successor, that portion of the Board meeting regarding the examination of the candidates for the Presidency is presided over by the Executive Vice-President if he/she is not a candidate or by a non-candidate person, designated by the Executive Committee. The current President presides over the remaining business of the day of that session.
(…)
ARTICLE 13 - THE GENERAL ASSEMBLY, ITS COMPOSITION AND MEETINGS
(…)
5. A General Assembly properly convened and constituted shall always be entitled to make proposals and to take the decisions falling to it under the by-laws.
ARTICLE 14 - POWERS OF THE GENERAL ASSEMBLY
1. The powers of the General Assembly shall be as follows:
a) it shall elect the President nominated according the rules established by the Internal Regulation and shall endorse the composition of the new Board of Directors (including the Executive Committee) as proposed by the Board of Directors (Art.17.2) and resolve any incident in this context.
The Board of Directors should consider its partial renewal at each Congress.
(…)
ARTICLE 16 - THE BOARD OF DIRECTORS
The Board of Directors shall be made up of not more than fifty-seven members. The Board of Directors shall include the members of the Executive Committee.
ARTICLE 17 - ELECTION OF MEMBERS OF THE BOARD OF DIRECTORS
1. One third of the members of the Board of Directors shall be elected directly by electronic voting as provided for in the Internal Regulations in accordance with Art.13(4) of the By Laws.
2. The other members of the Board of Directors, including the Executive Committee, are endorsed by the Assembly, following the system of nomination of candidates established by the Internal Regulation. The list is approved by the Board of Directors and proposed for endorsement by the General Assembly according to the conditions set forth in article 14.1 of the By-laws.
3. If demanded by 50 members of the Association any member of the Board not directly elected (Article 17.1) shall be endorsed by separate vote.
4. Should there be vacancies, the Board of Directors may appoint members to fill the vacancy. Such provisional replacement can only be made permanent by the vote of the following General Assembly, according to Art. 14.
(…)
Internal Regulation: Regarding article 17 of the By-laws:
(...)
4) Nominations for Board members received by the Secretary General under the conditions defined above, are examined by the Executive Committee. The Executive Committee prepares a list of candidates. This list is examined by the Board either before or at the first meeting held during the Congress and is put to a vote at the General Assembly according to the conditions set forth in article 17 of the By-laws.
5) Nominations of candidates for President are received during the same period by a Board member designated to receive them, this designation shall take place either before or at the first meeting of the Board of Directors taking place in the year of the Congress.
6) The candidates for President are submitted by the specially designated Board member at the first Board meeting that takes place at the Congress.
7) The session of the Board at which the candidates are examined is normally presided over by the current President. When the current President is a candidate to be his or her own successor, that portion of the Board meeting regarding the examination of the candidates for the Presidency is presided over by the Executive Vice-President if he/she is not a candidate or by a non-candidate person, designated by the Executive Committee. The current President presides over the remaining business of the day of that session.
ARTICLE 28. - THE PRESIDENT
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2. The President shall be elected, in accordance with articles 15 and 17. Former Presidents may, at any time, be present at the meeting of the Committee or the Board.
Internal Regulation: Regarding article 28 of the By-laws:
The election of the President is according to the procedures set forth above in article 18 of the By-Laws.
Important notice:
The AIDP/IAPL Congresses are open to all, but only AIDP/IAPL members, that meet the conditions required by art. 10.4 of the By-Laws,can vote on the draft resolutions as well as for the elections for the Presidency and for the organs of the AIDP/IAPL.
According to art. 10.4:
4. Only those members who have paid their annual dues for two consecutive years before the holding of a General Assembly have the right to vote.
Regarding the vote by representation in the General Assembly, the Internal Regulations established:
(…)
2. Vote by representation
• Any member of the Association can vote by representation giving a proxy to a member of the Board of Directors.
• Each member of the Board of Directors can only accept a maximum of five proxies. • The Secretary General must formally receive the proxy at least 7 days before the General Assembly.
• At the beginning of the General Assembly, the Secretary General will communicate the proxies received on time and formally accepted.
Paris, July 2013
Dear Members of the International Association of Penal Law,
I would like to give you some information as to the decisions taken by the Board of Directors with a view to the elections which will take place in 2014.
According to the Status of the Association, the Association will elect its new President, Secretary General and renew the composition of its Board of Directors at the Association’s Assembly, to be held in Rio de Janeiro (Brazil), September 6, 2014, on the occasion of the XIXth International Congress of Penal Law.
According to the By-laws of the Association nomination of candidates can be done by:
- the Board of Directors,
- the National groups,
- the collective members or
- twenty individual members of the Association.
The candidatures should be examined by the Executive Committee. Since the Executive Committee will only have a chance to examine the candidatures at its meeting in Siracusa (7 December 2013), the Board of Directors decided at its last meeting in June that the nominations should be sent to the appropriate person (see below) before 25 November 2013. Candidatures proposed after this date will not be taken into consideration.
The final list of candidates will be presented to the Board of Directors at the meeting in June 2014.
To prepare the elections I would thus like to invite you to send your proposals for possible candidates for the Board of Directors (25% must be renewed) to the Secretary General: Katalin.Ligeti@uni.lu
Nominations for the presidency and the position of the Secretary General should be sent to Prof. José Luis de la Cuesta (joseluis.delacuesta@ehu.es), who announced his intention not to be candidate for another electoral period.
I wish you nice summer!
Katalin LIGETI
Secretary General
BY-LAWS AND INTERNAL REGULATION
ARTICLE 11. - RIGHTS OF MEMBERSHIP
(…)
3. Each member shall be eligible for election to an office in the Association in accordance with the by-laws.
Internal Regulation: Regarding Article 11 paragraph 3 of the By-laws:
1) Nominations of candidates for the Board of Directors are received by the Secretary General during the first trimester of the year of an International Congress. To that end, the Secretary General sends all members of the Association a letter designed to solicit nominations of candidates.
2) Nominations of candidates for President and Secretary General are received during the same period by a Board member designated to receive them, this designation shall take place at the first meeting of the Board of Directors taking place in the year of the Congress.
3) The forwarding of these candidates for the election takes place as set forth in these internal rules applying article 18 of the By-laws.
(…)
ARTICLE 14. - THE GENERAL ASSEMBLY, ITS COMPOSITION AND MEETINGS
(…)
3. A General Assembly properly convened and constituted shall always be entitled to make proposals and to take the decisions falling to it under the by-laws.
ARTICLE 15. - POWERS OF THE GENERAL ASSEMBLY
1. The powers of the General Assembly shall be as follows:
a) it shall elect and renew the Board of Directors and the Executive Committee;
(…)
2. Election, decisions and ordinary motions put before it by the Board, the National groups or the members of the Association, and the approval of the management and the accounts shall be by simple majority of those present and voting; in the event of a tie vote, the President shall have a second decisive vote. (…)
3. A vote on a proposal in writing signed by at least fifteen members for a recount or recall of a prior vote on important matters requires a two-thirds majority.
(…)
ARTICLE 17. - THE BOARD OF DIRECTORS
1. The Board of Directors, hereinafter called the Board, shall be made up of not more than fifty-onemembers, including the President, the Vice-Presidents, of whom there shall be no more than twelve, the Secretary General, two Deputy Secretaries General or more and a treasurer The Board is elected by the General Assembly among the members of the Association. Honorary members may not be elected.
2. Various regions of the world and various judicial systems shall be adequately represented in the Board. The Board shall not include at any one time more than two members from any one country. However, in applying the foregoing disposition, no account shall be taken of the President, the Vice-Presidents the Secretary General, the Deputy Secretaries General, the treasurer or the honorary members.
ARTICLE 18. - ELECTION OF MEMBERS OF THE BOARD OF DIRECTORS
1. The Board should consider its partial renewal at each Congress. The candidates may be nominated in writing by the Board, National groups, collective members or twenty individual members of the Association.
2. The Board shall put to the General Assembly the proposals it has received and those it wishes to make itself. Elections are made by simple majority of the members present. If the Assembly agrees, the vote may be taken by raising hands. Failing unanimity or on request of at least twenty members, elections are made by secret vote.
3. Should there be vacancies, the Board may appoint members to fill the vacancy. Such provisional replacement can only be made permanent by the vote of the following General Assembly, according to the preceding provision.
(…)
Internal Regulation: Regarding article 18 of the By-laws:
1) The Board intends that about 25% of its members are renewed at each election.
2) When the General Assembly has elected less than 51members, the Board can itself co-opt members up to the maximum number permitted by the By-laws.
3) Nominations for Board members received by the Secretary General under the conditions defined above, applying article 11, paragraph 3 of the By-Laws, are examined by the Executive Committee. The Executive Committee prepares a list of candidates. This list is examined by the Board at the first meeting held during the Congress and is put to a vote at the General Assembly according to the conditions set forth in article 15 of the By-laws.
4) The candidates for President and Secretary General, nominated according to the conditions defined above applying article 11, paragraph 3 of the By-Laws are submitted by the specially designated Board member at the first Board meeting that takes place at the Congress.
5) The session of the Board at which the candidates are examined is normally presided over by the current President. When the current President is a candidate to be his or her own successor, that portion of the Board meeting regarding the examination of the candidates for the Presidency is presided over by the most senior Vice-President. The current President presides over the remaining business of the day of that session.
ARTICLE 28. - THE PRESIDENCY
(…)
2. The President shall be elected, in accordance with articles 15 and 17. Former Presidents may, at any time, be present at the meeting of the Committee or the Board.
Internal Regulation: Regarding article 28 of the By-laws:
The election of the President is according to the procedures set forth above in article 18 of the By-Laws.
Important notice:
The AIDP/IAPL Congresses are open to all, but only AIDP/IAPL members can vote on the draft resolutions as well as for the elections for the Presidency and for the organs of the AIDP/IAPL.
Only those whose membership has been endorsed by the Board of Directors are members of the AIDP/IAPL. As the Board of directors meets on June 06, 2014 to establish the list of members, only those members who have been accepted at this date will have a voting right.
It is therefore important that those who want to become a member of the AIDP in view of the forthcoming Congress apply for membership and pay their dues before May 31, 2014.
After this date, new membership applications, even if the prospective member has paid his dues, will be fully effective but not open a voting right in the Assembly.
For those members who are already members of the AIDP/IAPL, they will be able to participate to votes if they have paid their dues 2014 to the AIDP at the first day of the Congress. Please be advised that if you have not paid your dues for the last three years, you are not considered anymore as a Member of the AIDP/IAPL. You therefore need to register as a new member before May 31, 2014 in order to be able to vote.