The proposal to establish an association of the world's supreme administrative
jurisdictions received strong support at the congress of the International
Institute of Administrative Sciences (IIAS) that was held in Madrid
on 1 July 1980 with a view to strengthening the progress of the Rule
of Law through exchanges of ideas and experience between members of
these supreme jurisdictions and of jurisdictions of international
organizations. It was immediatly agreed that, in order to avoid duplication
of activities and in acknowledgement of the support received from
the IIAS, the new Association would establish ties with the IIAS.
This decision is also justified by the similarity existing between
the work to be performed by the new association and that traditional
performed by the IIAS. It is with this prospect in mind that the present
Statutes have been prepared.
NAME
Article 1 -
The subscribers to the present Statutes do hereby establish an association
named :
"Association internationale des hautes juridictions administratives"
"International Association of Supreme Administrative Jurisdictions"
PURPOSE
Article 2
- The purpose of the International Association of Supreme Administrative
Jurisdictions is to promote exchanges of views and experience on matters
submitted to Member institutions, or on the organization and functioning
of such institutions.
The latter comprise jurisdictions which, irrespective of their official
title (for instance Council of State, Supreme Court, Administrative
Tribunal, Administrative Division of Supreme Court, ...) are nevertheless
empowered to adjudicate, in the final instance, in disputes arising
from the action of public administrations.
SEAT
Article 3
- The seat of the Association shall be at Paris. The seat
may be transferred by a two-third-majority decision of the general
assembly.
MEANS
OF ACTION
Article 4 -
In order to achieve its purpose, the Association may initiate, promote
or undertake studies on the matters defined in Article 2 hereof ;
it may circulate or contribute to the circulation of information on
the organization, functioning and jurisprudence of the jurisdictions
mentioned in Article 2 to members of the Association and, where applicable,
to all interested parties ; for purposes of mutual information, it
shall promote contacts between the members of the judiciary of the
aforesaid jurisdictions.
The Association may publish all documents relating to its activities.
It shall be empowered to establish a Documentation Center for its
members.
Its principle, every third year, or at intervals to be established
by its administrative organs, it shall organize a Congress to consider
matters falling within its terms of reference.
Article 5
- The Association shall comprise the jurisdictions mentioned in Article
2.
There shall only
be one member for each state or each international organization.
In the general
assembly, delegations of member jurisdictions shall only have one
vote for each state or each international organization.
At congresses
or general assemblies, the delegation of each state or international
organization shall be composed of no more than (General Assembly of
April 28th, 2004) "three" people.
Article 6 - The Association may admit to its congresses observers
that are members or former members of institutions interested in its
work.
Article 7 - The general assembly shall be composed of the delegations
mentioned in Article 5; it shall meet on the occasion of the congresses
referred to in Article 4. It shall elect from amongst its members
the jurisdictions which shall constitute its Board of Directors. These
jurisdictions shall be represented by one of their members or former
members. The representative of each jurisdiction remains in charge
until the following congress except he resigns or if the jurisdiction
he represents informs the Secretary general if his replacement.
The general assembly
nominates a Secretary general, a Treasurer and an Auditor. In case
of vacancy of any of these posts, the Board referred to in Article
11 shall provide their replacement until the following congress.
Article 8 - The Association shall be administered by the Board.
The Board shall
vote the annual budget. It may take any measure required for the functioning
of the Association in the interval between general assemblies. It
may apply for membership of the Association as a corporate member
of the International Institute of Administrative Sciences; it may
conclude with this Institute an agreement with a view to benefit from
its support in relation to its administrative functioning or for the
exchange of documentation.
The Board may
delegate the day to day management of the Association to remunerated
officials of the Association.
Article 9
- The Board shall comprise (General Assembly of April 28th, 2004)
"a maximum of 30 members", including:
- the president;
- at least two vice-presidents.
Article 10 - The Secretary general is responsible for the day
management of the Association under the authority of the President.
He his also responsible for all personal matters. The Secretary general
and the Treasurer shall attend the meetings of the Board with voting
rights. The Secretary general is in charge of the Board.
Article 11 - The Board may delegate certain matters to a management
committee composed of the President, three vice-presidents, the Secretary
general and the Treasurer.
Article 12 - Membership of the Association shall be subject
to the approval of the Board, which shall submit to the general assembly
applications for membership which it has felt unable to approve.
Article 13 - The Board shall meet at least once a year and
whenever convened by its President or upon the request of one-third
of its members.
In case of a tie
in the votes, the president's votes shall prevail.
The quorum of
the Board shall be at least one-third of its members.
Minutes of all
meetings shall be sent to all members of the Association.
Article 14 - The members of the Board shall receive no remuneration
for the performance of their duties.
The expenses incurred
by members of the Board who attend meetings shall not be refunded
by the Association, with the exception, if necessary, of the personal
insurance costs of participants.
Remunerated officials
of the Association may be called upon by the President to attend meetings
of the general assembly, the Board and the Management Committee, in
a consultative capacity.
WORKING
LANGUAGES
Article 15
- The working languages of the Association shall be English and French.
All documents produced at the Association's expense shall be prepared
in these languages.
RESOURCES
OF THE ASSOCIATION
Article 16
- The resources of the Association shall comprise:
- membership of contributions,
- such gifts and grants as may be made by members or by any public
or private person or institution, after have been accepted by the
Board.
Article 17 - The amounts of contributions shall be determined
by each general assembly in accordance with a scale allocating states
to one of three groups based on their differing capacities to contribute.
International organizations shall be allocated to one of these groups
by a decision of the Board.
Article 18 - All expenses incurred in the preparation, organization
and functioning of the congresses of the Association, including the
translation, printing and circulation of the reports of its proceedings,
shall be borne by the country where the congress is held. (General
assembly of April 28th, 2004) "However, the Association can assume,
within the limits of an amount set by the Board, a proportion of the
expenses arising from the organisation of a Congress".
REVISION
OF THE STATUTES - DISSOLUTION OF THE ASSOCIATION
Article 19
- The revision of the Statutes and the dissolution of the Association
require a two-thirds majority vote of the general assembly ; the general
assembly shall decide on the transfer of the Association's property
and funds to a similar institution.
Article 20 - The Association shall be governed by French Law.
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