The European Association of Private International Law is a non-profit association established under the law of Luxembourg.
The text below is the English translation of the French version of the Statutes. Only the French version is authentic.
Chapter I – General provisions
ART. 1: NAME, REGISTERED OFFICE AND DURATION
1. The Association shall be known as the European Association of Private International Law (EAPIL).
2. The Association has its registered office in Luxembourg, 4 Rue Alphonse Weicker, L-2721, and is registered in the Trade and Companies Register as a non-profit association, in accordance with Article 10 of the amended Law of 21 April 1928 on Non-profit Associations and Foundations.
3. The Association is established for an unlimited period of time.
ART. 2: PURPOSE OF THE ASSOCIATION
1. The purpose of the Association is to promote the study and development of private international law by encouraging collaboration between academics and practitioners from different European countries and the exchange of information on sources, publications and the practical application of private international law.
This object can be realized, among others, through:
a. the establishment and support of research projects and academic events open to the public, as well as the publication of results obtained and the promotion of these publications and events;
b. the exchange of information and experience among the members of the Association, including contact between academia, practice and the general public, both nationally and internationally;
c. the collaboration with European and international legislative bodies on projects to prepare or reform legal instruments in the field of private international law;
d. the publication of a newsletter concerning the activities of the Association, the publication of an international journal, the publication of reports and reform projects and any other publication authorized by the Scientific Council to promote the objectives of the Association;
e. the maintenance of an official website and the use other social media to achieve the Association’s objectives;
f. any other activity that will advance the objectives of the Association.
2. The Association is non-partisan and independent.
3. The Association pursues exclusively and directly non-profit-making purposes within the meaning of the amended Law of 21 April 1928 on Non-profit Associations and Foundations.
ART. 3: INCOME AND FUNDS
1. The Association’s revenues come from:
a. membership fees;
b. additional donations from members (excluding fees);
c. donations from all types of persons and institutions;
d. income from the Association’s academic activities.
2. The funds of the Association may only be used for the purposes provided for in these Statutes.
3. No one may be reimbursed for expenses unrelated to the purpose of the Association or for a disproportionate amount, or receive remuneration.
Chapter II – Members
ART. 4: COMPOSITION OF THE ASSOCIATION
1. The Association is composed of ordinary members, associate members, institutional members and honorary members.
2. Ordinary members are natural persons with competence and experience in private international law. These skills and experience are presumed for individuals:
a. who hold a permanent or long-term position in an educational or research institution in the field of private international law, or
b. who have obtained a doctorate, or equivalent, in private international law, or
c. who are the author of several academic publications in the field of private international law, or
d. who have at least three years’ professional experience and have been involved, as a judge, arbitrator, lawyer or lawyer in another capacity, in several cases raising questions of private international law.
3. Associate members are natural persons with a law degree who have expressed an interest in European private international law. By way of exception, persons who, although not holding a law degree, have competence in this field may be admitted as associate members of the Association.
4. Institutional members are legal persons whose subject matter is related to private international law or who are involved in cases raising questions of private international law.
5. Honorary members are natural persons who have dedicated their professional lives, or a significant part of it, to private international law and whose merits in this field are generally recognized.
6. The minimum number of members is three. The list of members appears in Annex 1 to these Statutes [not reproduced; see here for information on the creation of the Association].
ART. 5: MEMBERSHIP OF THE ASSOCIATION
1. Any person wishing to become a member of the Association shall contact the Secretary General for this purpose by e-mail, post or any other means indicated on the Association’s website, by a letter expressing his interest in European private international law. Persons wishing to become ordinary or institutional members shall also explain the reasons why they fulfil the required conditions. The Secretary-General may request, where appropriate, that a candidate provide documents demonstrating that he or she meets the required conditions.
2. Membership is granted by the Board of Administration, which has the sole discretion to determine whether persons wishing to become members meet the required conditions.
ART. 6: LOSS OF MEMBERSHIP
1. Membership is lost through:
a. written resignation sent by simple letter or e-mail to the Secretary General,
b. the death of the natural person or the dissolution of the legal person,
c. failure to pay the annual membership fee for three consecutive years,
d. exclusion pronounced by the general meeting for serious reasons or serious prejudice to the interests of the Association.
2. The general assembly takes its decision by a two-thirds majority of the members present or represented.
3. Resigning or excluded members and their beneficiaries may not claim reimbursement of sums previously paid to the Association.
ART. 7: CONTRIBUTIONS
1. The members of the Association, excluding honorary members, shall be required to pay an annual membership fee, the amount of which shall be determined, in euros, by the General Assembly, and may vary according to their status. The amount of the annual membership fee may not exceed € 200 for individual members and € 5000 for institutional members.
2. The membership fee is due for the first time at the end of the month in which membership began, and thereafter on 31 January of each year.
ART. 8: RIGHTS OF MEMBERS
1. All members who so request may obtain information from the General Secretariat concerning the activities of the Association.
2. Members are entitled to attend public events and conferences organized by the Association, after registration. If the number of places available for an event or conference is limited, full and honorary members are preferred to associate members.
3. Members have privileged access to any publications of the Association.
ART. 9: DUTIES OF MEMBERS
1. Members are required to respect these Statutes and the decisions taken by the Association’s organs under these Statutes.
2. Members are required to pay their annual membership fees to the Association.
Chapter III – Governing Bodies
ART. 10: ORGANS OF THE ASSOCIATION
1. The Association is composed of the following bodies: the General Assembly of Members (hereinafter referred to as the “General Assembly”), the Scientific Council and the Board of Administration.
2. The General Assembly has the power to establish the other organs of the Association.
ART. 11: THE GENERAL ASSEMBLY
1. The General Assembly is composed of all the members of the Association. Participation in its meetings is subject to prior payment of fees due.
2. Meetings of the General Assembly (also called “assemblies”) are not subject to any quorum requirement.
3. The General Assembly is convened and chaired by one of its honorary or ordinary members, elected to this position by the General Assembly on the proposal of the Board of Administration for a renewable term of two years.
4. In addition to the powers conferred on it by law, the General Assembly has the powers conferred on it by these Statutes.
5. The General Assembly has the power to decide, on the proposal of the Board of Administration, on any matter significantly affecting the existence and long-term success of the Association, including the amount of fees and cooperation with other entities or organizations.
6. The General Assembly appoints the members of the other organs of the Association.
7. The General Assembly meets at least once every two years for an ordinary assembly. In addition to these ordinary meetings, the General Assembly meets for extraordinary meetings at the initiative of the Board of Administration or at the request of one fifth of its members.
8. Meetings of the General Assembly may be held in electronic form.
9. Any member may be represented at a meeting of the General Assembly by another member, upon presentation by the latter of adequate proof of proxy. Representation includes the right to vote. A member present may only represent one other member.
10. Matters may be added to the agenda of a General Assembly meeting at the request of two-fifths of the members present.
11. Subject to any exception provided for by law, the General Assembly shall take its decisions by a double majority of the votes cast by ordinary and honorary members on the one hand and by all members on the other.
12. All members shall be informed within a reasonable time of the decisions taken by the General Assembly.
ART. 12: THE SCIENTIFIC COUNCIL
1. The Scientific Council is composed of a maximum of 20 ordinary or honorary members, appointed by the General Assembly. The members of the Board of Administration are ex officio members of the Scientific Council.
2. The term of office of the members of the Scientific Council is four years, and is renewable twice. After an interruption of at least four years, former members of the Scientific Council may be reappointed to this position.
3. Half of the members of the first Scientific Council established after the creation of the Association may not serve more than two consecutive four-year terms. After an interruption of at least four years, these members may be reappointed as members of the Scientific Council.
4. A member of the Scientific Council whose term of office has ended early may be replaced by a new member for the end of that term. The term of office of the new member so appointed shall count as one full term within the meaning of paragraph (2) of this article.
5. The Scientific Council is responsible for organizing all the academic activities of the Association, on which it reports to the General Assembly.
6. The General Assembly and the Board of Directors may assign specific tasks to the Scientific Council.
7. In addition to the specific powers mentioned in these Statutes, the Scientific Council may give its opinion to the General Assembly and the Board of Administration on any matter of interest to the Association, at their request or on its own initiative.
8. The Scientific Council is chaired by the President of the Board of Administration, who is responsible for its organization and functioning.
9. The Scientific Council may establish special committees to carry out its tasks. Exceptionally, these special committees may include, due to their particular expertise, persons who are not members of the Association or the Scientific Council.
10. The Scientific Council takes its decisions by a majority of the votes cast.
ART. 13: THE BOARD OF ADMINISTRATION
1. The Board of Administration is composed of three to seven ordinary members, appointed by the General Assembly.
2. The General Assembly shall assign the functions of President, Treasurer and Secretary General and, where applicable, those of Vice-President, Vice-Treasurer and Deputy Secretary General to the members of the Board of Administration. The members of the Board of Administration may be assigned other specific tasks by decision of the General Assembly or the Board of Administration.
3. The Board of Administration is chaired by the President, who is responsible for its organization and functioning. In case of impediment, the President shall be replaced by another member of the Board of Administration.
4. The Treasurer, assisted as necessary by the Vice-Treasurer, manages the financial affairs of the Association. The Secretary General, assisted where necessary by the Deputy Secretary General, is responsible for all other administrative tasks of the Association, including the drafting of reports following the meeting of all its bodies, their communication and the fulfilment of all administrative obligations imposed by law. In case of impediment, the treasurer, vice-treasurer, general secretary or deputy general secretary may be replaced by another member of the Board of Administration.
5. The term of office of the members of the Board of Administration is four years and may be renewed once. The Secretary General’s term of office is four years and may be renewed indefinitely.
6. A member of the Board of Administration whose term of office has ended early may be replaced by a new member for the end of that term. The term of office of the new member so appointed shall count as one full term within the meaning of the preceding paragraph.
7. The Board of Administration is responsible for the day-to-day management of the Association and for carrying out all tasks that have not been assigned to another organ.
8. Together with the President of the General Assembly, the Board of Administration prepares the meetings of the General Assembly, proposes an agenda and ensures that its decisions are implemented correctly and in a timely manner.
9. In its relations with third parties, the Association is represented by the President and, in Administration of impediment, by the Vice-President.
10. The Board of Administration takes its decisions by a majority of its members.
11. The Board of Administration reports to the General Assembly.
Chapter IV – Final provisions
ART. 14: DISSOLUTION OF THE ASSOCIATION
1. The dissolution of the Association may only be decided by an extraordinary General Assembly by a two-thirds majority of the members present.
2. An invitation to this Extraordinary General Assembly shall be extended to each member at least 21 days before the date of the meeting. This Extraordinary General Assembly must have been organized specifically for the purpose of dissolving the Association. This purpose must be indicated in the invitation.
ART. 15: AMENDMENTS TO THE STATUTES OF THE ASSOCIATION
1. Amendments to the Constitution require a two-thirds majority of the members present or represented at the General Assembly.
2. Requests to amend the Articles of Association must be submitted to the Board of Directors at least two weeks before the General Assembly.
ART. 16: FINANCIAL YEAR
The financial year is the calendar year.
ART. 17: GAPS
For all matters not governed by these Articles of Association, the Association declares that it is subject to the provisions of the Law of 21 April 1928, as amended, as well as, where applicable, the internal regulations in force.