Art. 1 : Name and registered office
Art. 2 : Basic rules
Art. 3 : Purposes and aims
Art. 4 : Minimum number of members
Art. 5 : Names and addresses of the founder members
Art. 6 : Admission, expulsion and resignation
Art. 7 : Constituent bodies of the union
Art. 8 : The general assembly
Art. 9 : Arrangements for decision-making by the General Assembly
Art.10 : The executive committee
Art.11 : The union council
Art.12 : Delegations
Art.13 : Subscriptions
Art.14 : Method of accounting, auditing and discharge
Art.15 : Procedure to be followed for amendment of the constitution
Art.16 : Dissolution of the union and application of the funds
Art.17 : Reference to the law
Art.18 : Rules
Art.19 : Final provisions
Article 1 : Name and registered office
- The association will be named UNION SYNDICALE LUXEMBOURG.
- The headquarters of the association is at 227, Val des Bons-Malades, L-2121 LUXEMBOURG. It may be moved by an ordinary decision of the Executive Committee.
- The union shall be independant of all national, European and international institutions, of governments, administrations, political parties and religious or philosophical movements.
- The union shall guarantee and respect the right of its members to hold any religions, philosophical or political views.
- The organisation of the union and the definition of its activities shall be based on the principle of free discussion with due regard for this constitution and democratic practices.
- The union, in application of this constitution and in accordance with the conditions stated therein, shall accept responsibility for actions undertaken or executed by its constituent bodies and by any members.
- It shall protect and defend each member acting in his/her capacity as a member of the union.
- The purpose of the union shall be to bring together officials and other servants, in active employment or retirement, of European bodies or international institutions based in the Grand Duchy of Luxembourg in order to defend their professional interests and improve their general working conditions.
- The main of the union shall be:
- To safeguard the position of the European public service and to defend its independence in order to ensure that the objectives of European integration shall be achieved.
- To participate, by way of free negotiation, in determining the material working conditions and general conditions of employment of its members.
- To improve the structures and working methods of European bodies and institutions.
The minimum number of members required by the union shall be one hundred (100).
Article 5 : Names and addresses of the founder members
M. Max METGE 28, rue J.-P. Brasseur L - 1258 LUXEMBOURG
M. Luigi RONCHI 14, rue Batty-Weber L - 2716 LUXEMBOURG
M. Heinz KLITZ 35, rue Père-Conrad L - 1353 HOWALD
M. F.A. BODE 35, avenue Alphonse-München L - 2172 LUXEMBOURG
M. Fernand CARRÉ 58, rue de Strassen, L - 8094 BERTRANGE
M. P.-H. GOOSSENS 6, rue de Mersch L - 7410 ANGELSBERG
M. Werner HORN 37, rue Père-Conrad L - 1353 HOWALD
M. Georges LUDOVICI 29, avenue Alphonse-München L - 2172 LUXEMBOURG
Mlle E. RITTWEGER 5, Val-des-Roses L - 8045 STRASSEN
M. Jacques THONON 1, Cité Saint-Hubert-au-Bois, L - BRIDEL
M. François ESPOSITO 11, rue des Romains L - 8041 STRASSEN
M. Giorgio BERNARDI 5, rue Eugène-Welter L - 2723 HOWALD
M. Heinz RUDOLPH 8, avenue Monterey L - 2163 LUXEMBOURG
Mlle Simone JANTON 7, rue Nicolas-Welter L - 2740 LUXEMBOURG
Article 6 : Amission, expulsion and resignation
- Any official or other servant, in active employment or in retirement, of the European bodies or international institutions based in the Grand-Duchy of Luxembourg may apply to be admitted to the union.
- In order to join the union, an application should be made in writing, such application implying acceptance of the Constitution and the rules. Decisions on admission shall be taken by the Executive Committee. If an application is rejected by the Executive Committee, the applicant may appeal against this decision to the Union Council. Such an appeal can be rejected only by a majority of the members of the Union Council and the item must be expressly mentioned on its agenda. There shall be no appeal against the decision of the Union Council.
- A member of the union may resign at any time by notifying the Executive Committee in writing.
- Members may be excluded from the association if they cause serious harm to the interests of the association in any way. Starting from the date of the proposal for exclusion formulated by the Executive Committee, until the definitive decision by the General Assembly adopted by a two-thirds majority of votes, the member whose exclusion is being considered shall be suspended by operation of law from their trade union functions.
- Resigning or excluded members cannot cause prejudice to the existence of the association, and cannot assert any right to its assets, nor to its name, nor to the membership dues paid.
The constituent bodies of the union shall be
- The General Assembly shall be the highest ranking body of the union and shall be responsible for upholding its Constitution and Rules.
- The General Assembly shall be composed of all the members of the union.
- The main duties and functions of the General Assembly shall be:
- To discuss and adopt the Executive Committee’s Annual Report;
- To discuss the Executive Committee’s financial Report;
- To discuss the report of the Control Commission and give discharge;
- To vote on motions and resolutions submitted to it as part of the agenda;
- To define the lines of union policy;
- To select members to the Control Commission;
- To decide the amount of the union subscription, its form and method of collection;
- To discuss and vote on the union’s affiliation (external relations);
- To amend the Constitution as provided for in Article 14 and also to amend the rules.
- The General Assembly must vote on:
- amendment of the Constitution;
- nomination and dismissal of union officers;
- approval of the budgets and accounts; and
- dissolution of the association.
The general meeting is convened by the Executive Committee regularly once per year and, in extraordinary session at any time that the interests of the association require it, or one-fifth of the members request it in writing to the Executive Committee. It may also meet by a decision of the union council adopted by an absolute majority of its actual members or on written request by thirty members if one-fifth of the union membership is a number greater than thirty.
- The invitations will be sent out at least a fortnight before the date set for the General Assembly, by ordinary letter or e-mail which must contain the proposed agenda. The period of notice for a meeting in duly stated urgent circumstances is three clear days.
- In the absence of provisions to the contrary in the present Constitution and Rules, decisions of the General Assembly shall be taken by a majority of the votes cast. In the event of a tie, the motion shall be lost.
- In counting votes, only votes for and against shall be taken into account when calculating a majority
- Voting shall be by show of hands, except in the case of appointments, when voting msute be by secret ballot
- Members are allowed to arrange to be represented at the General Assembly by another member. However, a member may not arrange to be represented by a third party.
- In the case of a secret ballot for appointment, only those votes bearing the names of candidates announced before the beginning of the voting shall be valid.
- Decisions adopted by general assemblies are published and notified to the membership by minutes, and to third parties by appropriate means of communication.
Membership of the Executive Committee
The Executive Committee consists of fifteen (15) members, including the President, Vice-President, General Secretary and Treasurer.
- Election Procedure
The outgoing Executive Committee shall invite nominations at the end of its term of office or in any situation requiring the replacement of its members. The list of candidates shall be submitted to the General Assembly. Elections shall be by postal ballot. The Control Commission and the tellers appointed by the Bureau of the General Assembly shall be responsible for the public counting of vots.
- Duties and Functions
The Executive Committee shall be responsible for implementing the directives drawn up by the General Assembly and for the union’s business in the period between two ordinary General Assemblies. It alone shall represent the union in its dealings with its members or with other bodies and in any legal processes.
- The Union Council consists of members of delegations with a mandate for this membership. The purpose of the Union Council shall be to assist and to advise the Executive Committee in the execution of its duties and to ensure liaison between it and the members.
- Its duties and functions and all procedures relating to its activities are defined in the Rules.
- Delegations are the representative body of particular constituency of members, i.e. all the members in an institution or a European or international body, or retired members.
- They act in agreement with the Executive Committee. Their tasks and duties and all the procedures relating to their activities are defined in the Rules.
- The maximum amount of Annual membership dues is three hundred (300) euro.
- The form, amount and method of collection of the subscriptions shall be laid down by the General Assembly.
- The Executive Committee shall submit annually for the approval of the General Assembly its activity report, the accounts for the past financial year and the budget for the next financial year. The budget exercise starts on 1 January each year. The accounts are closed on 31 December and submitted to the General Assembly with the report of the Audit Committee designated by the General Assembly. The mandate of member of the Audit Committee is incompatible with that of a current union officer.
- The Control Commission shall:
- Examine at regular intervals the treasurer’s vouchers and books and the annual Financial Report of the Executive Committee;
- Ensure proper accounting procedures and good financial management;
- Supervise, on its own initiative, the Treasurer and his accounts;
- Advise the Executive Committee on the management of union funds;
- Approve the Executive Committee’s Financial Report, making any comment which its thinks necessary;
- Receive any objections relating to the management of union funds or accrued capital and bring them to the notice of the Executive Committee.
- Make recommendations to the General Assembly concerning discharge.
- After discussion of the Financial Report by the Executive Committee and scrutiny of the report by the Audit Committee, the General Assembly proceeds with approval of the budget and the accounts, and grants discharge to the Treasurer.
- Any draft revision of this Constitution must, on a proposal of the Union Council, first be made known to the members in writing and be expressly mentioned on the agenda of the General Assembly at which two-thirds of the members must be present. Should this quorum not be reached, the General Assembly shall be convened again automatically within one week, without any condition concerning a quorum.
- Amendments shall only be adopted provided they receive a majority of two-thirds of the votes cast.
- A decision to dissolve the union shall only be taken at a General Assembly at which two-thirds of the members of the union are present. Should this quorum not be reached, the General Assembly shall be convened again automatically within one week, without any condition concerning a quorum.
- A vote in favour of dissolution shall require a two-thirds majority of the members present.
- In the event of dissolution, the General Assembly shall decide, by an absolute majority of the members present, to what use the union’s capital should be applied.
- In any case, the assets of the liquidated association will be allocated to an organisation with similar aims.
For all matters not governed by this Constitution, reference is to be made to the Law of 21 April 1928 on non-profit associations, as amended.
The accompanying rules shall apply to this Constitution and shall lay down the arrangements for application.
This Constitution supersedes and replaces the Constitution of 15 March 1977 and amendments of 21 February 1989 and 10 November 2015. It was amended on 20 February 2017 and shall enter into force immediately, in its amended form. It shall be communicated to the Presidents and the appointing authorities of European institution and bodies and international institutions based in the Grand Duchy of Luxembourg.
CONSIDERED AND AGREED BY THE EXTRAORDINARY GENERAL ASSEMBLY AT ITS MEETING ON 20 FEBRUARY 2017 IN LUXEMBOURG