National Statute - ANED National Statute - ANED

ANED NATIONAL STATUTE

ASSOCIAZIONE NAZIONALE EX DEPORTATI NEI CAMPI NAZISTI

Ente Morale D.P.R. 5-11-68 N. 1377

 

SECTION I

Name

 

ART. 1 – A national association is created for ex-deportees, both political and “racial”, to Nazi concentration camps (KZ) and relatives of the dead, to be known as the Associazione Nazionale ex Deportati nei Campi Nazisti (A.N.E.D.), with its headquarters in Milan.

 

SECTION II

Nature and objectives

ART. 2 – The Association – charitable, democratic and non-party affiliated – reaffirms and upholds the values and objectives of the Italian Resistance.

 

ART. 3 – The objectives of the Association are to:

a) achieve the legal recognition of all political and “racial” deportees as “Fighters for National Freedom”

b) bring together in a spirit of fraternal togetherness Italian ex-deportees and the relatives of the dead and surviving deportees.

c) via the activation of the Constitutional Charter, give the ideal testament to the fallen.

d) ensure that both nationally and internationally, the great contribution made by ex-deportees to the Italian Resistance is recognised, and reaffirm the eternal values of freedom, justice and peace, such that they can become the foundations for the transmission of democratic values to younges generations.

e) oppose every type of racism, anti-semitism and discrimination.

f) organize conventions, conferences and didactic events aimed at teachers and students, in collaboration with schools and universities, Resistance groups and relevant government Ministries.

g) gather documents relevant to the history of the deportations.

h) establish friendly and close relationships with associations of the Resistance and deportations, both in Italy and abroad.

i) take up the cause of ex-deportees and the families of the dead with the Italian authorities, suggesting the passing of legal measures where necessary.

l) provide material and spiritual assistance to our members.

m) undertake research into the burial sites of the dead abroad and to see to the repatriation of their remains.

n) conduct any other activities that contribute to the delivery of the afore-mentioned objectives.

 

(please note: there is no section II/j or II/k)

 

SECTION III

Members

 

ART. 4 – Political and “racial” deportees who died in the Nazi camps are declared honorary members of the association, as is anyone who died subsequently as a result of the injuries and tortures received during their imprisonment.

ART. 5 – The following can be members, on production of the required documentation:

a. Italian citizens who for political or “racial” motives were deported to Nazi or Fascist camps;

b. relatives of the dead, and of ex-deportees;

c. Italian citizens who, stating their acceptance of the values of the war for national liberation, the struggle against Nazism and Fascism, and the fulfilment of the democratic post-war constitution, explicitly commit themselves to gaining a deeper historical understanding of the Italian Resistance and the deportations, and to pass this knowledge onto the next generation, such that they can comprehend and carry out the duties required of citizens in a democracy.

Requests to join the Association should be sent to the relevant Branch in their area.

All members have equal rights within the organisation, and have the right to vote in branch elections.

The association structures and rules are intended to guarantee the effectivness of its work: therefore participation in the work of the organisation cannot be temporary.

 

ART. 6 – Anyone who demonstrates themselves unworthy of membership cannot be part of the Association, even if they meet the criteria listed in parts a), b) and/or c) of Article 5.

Appeal against a refused membership on the part of a Branch committee is permitted, via recourse to the National Presidential Committee, within 30 days of the communication of the refused membership.

 

SECTION IV

Guiding and administrative bodies

 

ART. 7 – the organs of the Association are:

a) the National Congress;

b) the National Council;

c) the Presidential Committee;

d) the National Arbitration Board;

e) the branches;

f) the National Council of Auditors:

All the above positions are voluntary and without renumeration – with the sole exception of the Auditor (who can be offered payment) – except for the reimbursements of expenses incurred in the carrying out of their responsibilities.

ART. 8 – the National Congress is the supreme body of the Association, and is made up of members, represented by delegates elected from each Branch, who will come together for a pre-Congress Assembly, on the basis of one delegate for every fifteen (15) members or fraction thereof.

The Congress will consider all and any questions vital to the life and activities of the Association, and reports provided by the National Council; will elect the new National Council, the National

Arbitration Board and the National Council of Auditors.

The Congress will be called into ordinary session at least once every four years by the National Council, which will set the date, length and location. It can also be called to meet whenever the National Council deems it necessary to do so, or when such request is made by not less than one-third of the members. The call for Congress to convene should be made with at least thirty (30) days notice sent by registered post to Presidents of the branches, members of the National Arbitration Board and the National Council of Auditors, and published on the Association’s website.

The Congress will be deemed in session when at least half the total members are represented by delegates present. Whenever the first convocation fails, a second convocation will be held at least three hours later, and this will be deemed valid regardless of how many delegates are present.

Decisions will be reached on the basis of an absolute majority vote of the electors represented. Voting will be on the basis of a show of hands, although Congress can decide on other voting systems.

 

ART. 9 – The National Council is made up of not less than twenty-five (25) and no more than seventy (70) members, with at least one from every branch, elected by the National Congress, who hold these positions for four years and at least until the subsequent National Congress. Before proceeding with the elections, the National Congress will decide how many members the National Council should be comprised of.

Members of the National Council can be re-elected.

The National Council will discuss and approve the annual budget and financial statements, and has the right to deliberate on any subject that touches the life or work of the Association, within the framework laid down by the National Congress; the National Council will set the annual membership fee.

The National Council will be called to meet at least two (2) times a year by the Presidential Committee, or whenever not less than one-third of the National Council deems it necessary.

The calling of the National Council must be sent to individual members, the National Arbtritation Board and the National Council of Auditors by registered post, and published on the Association’s website at least fifteen (15) days before the date of the Council. Calls for the National Council can be sent to councillors who have requested its convocation, within the same time-frame, via email (certified or otherwise) or any other communication method that can confirm the receipt of the call for the meeting.

The meeting of the Council is deemed valid whenever a majority of its members are present; if a second convocation is needed, which must be at least one hour after the first, the meeting is valid regardless of the numbers present. Decisions are on the basis of an absolute majority. If a vote is tied, the final decision will be made by the Presidential vote.

The National Council will elect from its ranks the President of the Association, two vice-presidents, the Secretary-General and Treasurer, who together form the Presidential Committee. The National Council will be chaired by the President, or one of the older Vice-presidents in his/her absence.

Legal representativeness and the right to sign on behalf of the association are reserved for the President.

The National Council can remove from office Councillors of Branches who are deemed to be out in line with the spirit or requirements of the Statute, or who have committed serious administrative irregularities. In such cases, the National Council is charged with the appointment of an extraordinary Commissioner, who must see to new Branch elections within two months.

ART. 10 – The Presidential Committee, elected as described in Article 9, serves for four years and at least until the following National Congress, and its members are always re-electable. It is charged with carrying out the decisions of the National Council, has oversight and control over the activities of the Branches, and is required to ratify annual branch financial statements and budgets.

It will be called to meet by the President at least twice a year, with at least five days notice via letter, email (certified or otherwise) or any other communication method suitable for confirming the receipt of the convocation decision. In urgent cases, it can be called without the need for five-days notice. All decisions are made on the basis of a majority vote of those present. In case of a tied vote, the final decision will be made by the Presidential vote. Everyday administration falls to the

Presidential Committee to oversee, while extraordinary matters fall to the National Council.

Such meetings can be held via video- or conference phone call, or any other means that guarantees the participation of all the Committee members. To that end, the following are permitted or required:

to the president, to confirm the identity and legitimacy of those participating, to chair the meeting, and to determine and communicate the results of the votes;

to the person charged with taking the minutes, to make appropriate sense of the events described in the minutes;

to the participants, to take active part in the discussion and the votes on the matters listed in the order of business;

the call to convoke the Presidential Council should indicate the locations connected via audio/video where members can gather, and the place where the President and minute-taker will be present.

An accurate set of minutes must be produced for each meeting, to be submitted for approval at the start of the following meeting.

 

ART. 11 – The President convokes and chairs the National Council, and is the legally-recognised representative of the Association. In the event that the President cannot fulfil his/her duties, the elder of the Vice-Presidents will take over these functions.

The treasurer is charged with over-seeing, in collaboration with the Presidential Committee, administrative, financial and tax affairs of the National Council, and to prepare annual budgets and financial statements.

 

ART. 12 –The National Arbitration Board is made up of five serving members and two supplementary members, who can be re-elected. Their service lasts four years, and at least until the following National Congress. A President is elected from its ranks, and it passes judgement in disciplinary matters brought to its attention by the statutory organs of the Association.

 

ART. 13 – The National Congress shall nominate an active Auditor, and a supplementary Auditor, both registered in the appropriate Italian State Register, whose term shall last four years, and at least until the following National Congress.

The Auditor is charged with

a) overseeing the financial transactions and management of the National Council,

b) offering an opinion on the financial statement and budgets, and

c) conducting necessary inspections and investigations at any time.

 

ART. 14 – The members of the National Arbitration Board and the National Council of Auditors can participate in meetings of the Presidential Committee, with the right to a consultative vote.

ART. 15 – Branches are organised in localities where not less than fifteen (15) members have been registered. No more than one Branch can exist in each Italian local government area (comune). Cross-comune or regional branches can be created where the members deem it useful.

Branches are responsible for all Association activity in their area, and can take initiatives for the work of the Association within the limits laid down by Statute, and subject to consultation with the Presidential Committee, which has oversight of their work.

Branches have administrative autonomy, that is financial autonomy relating to the financial affairs of each branch; they can open their own bank or postal accounts. They are charged with producing annual branch financial statements, and must operate in accordance with the rules laid down in this Statute with regards to their aims and objectives.

Branches are charged with collecting membership fees, and are entitled to ask members, private citizens and public and private organisations for additional donations to be used exclusively to further the aims and objectives of the Association.

The organs of the Branches are:

a) the Assembly;

b) the Council, which can nominate an internal Executive Committee.

The Assembly will meet once a year, called by the Branch President, who will communicate the location and agenda for the meeting, either on his/her own authority or via that of the Executive Committee.

The Branch Assembly must also be held whenever such a request signed by at least one-third of the members, no later than 30 days after the request. The call for the meeting must be made at least fifteen (15) days before the date of the meeting via letter, or where called by members, via letter, email (certified or otherwise) or any other communication method suitable for confirming the receipt of the convocation decision. During that period, notice of the call for an Assembly must be publicly and visibly posted in the branch headquarters.

The Branch Assembly:

a) discusses and approves the financial and ethical administration of the Branch;

b) elects (and removes) the Branch President and a Vice President; and the serving and supplementary members of the Branch council;

c) elects delegates to the National Congress;

d) selects, wherever necessary, an Auditor or Audit Committee;

e) discusses all the issues listed on the agenda;

All Branch members can participate in the Assembly. They can be represented by another member if they provide a written statement of proxy, but no member can be represented by more than one proxy.

To be valid at the first convocation, the Assembly must involve the personal presence (or via valid proxies) of at least half the members; a second convocation, which must be at least two hours later, renders the Assembly valid regardless of the numbers present or represented by valid proxies. Decisions are in all cases reached on the basis of an absolute majority of votes cast.

The Branch council is composed of the President (who holds the right of legal representativeness) and no less than six members chosen from the branch membership. It is elected by the Branch Assembly, serves for two years, and can be re-elected. In ordinary circumstances, the Branch Council shall meet every three months, but can also be called by the Branch president whenever he/she deems it necessary, or on the basis of a request signed by at least one-third of the Council members, or at the request of the National Council.

The Branch Council:

a) elects from its members, whenever deemed necessary, an Executive Committee composed of no less than three members, including the Branch President and the vice-President, who will serve as substitute in the event that the President is absent or otherwise unavailable;

b) approves budget forecasts, and annual financial statements, and prepares the annual budget to be submitted for the approval of the Assembly.

d) decides on the acceptance of new members, and suggests to the National Council any members who should be expelled, following the Disciplinary measures laid down in Article 16 herein;

e) decides on assistance measures to any member;

The Executive Committee, whenever created, is responsible for the every-day running of the Branch, providing the Branch Council with financial forecasts for their approval.

 

SECTION V

Discipline

ART. 16 – The following disciplinary measures can be taken against members: censure, suspension, expulsion. Suspension and censure measures fall to the Branch Council to decide, against which appeal is possible to the National Council within thirty (30) days of written communication via registered post of the said disciplinary measure against a member.

Expulsion is within the ambit of the National Council, on the basis of recommendations received from the Branch Council. Appeals against expulsion can be made by the member concerned to the National Arbitration Board within sixty (60) days of the communication of the decision. Appeals must be made via registered post, or hand-delivered to the National Association secretariat, which will be responsible for their transfer to the National Arbritration Board.

 

SECTION VI

Budgeting – Administration

ART. 17 – The Association is financially supported by contributions and donations, bequests, and public and private support.

The Association will see to routine administration from proceeds received from bequests and state social contributions, and any voluntary donation made.

With regard to taxes, the National Council and the branches are distinct and discrete entities. Each is responsible for the management of their own finances, which must be administered on the basis of appropriate and clear principles and for the furtherance of the aims and objectives of the Association.

Membership fees are non-recoverable.

Membership fees do not give any entitlement to distribution of profits or of current operating surplus, cannot be passed onto third-parties, are in no case repayable, even if the Association ceases to operate or in the event of death, resignation or expulsion for any reason of the member.

 

ART. 18 – The financial year runs from 1 January to 31 December each year. By 30 November each year, the National Council and Branch Councils shall each produce their financial forecasts for the coming year, and by the end of March each year, the National Council and Branch Assemblies shall approve their annual budget. In accordance with the principles of transparency of the Association, financial statements and budgets of the National Council (with the accompanying comments of the National Treasurer and the judgment of the Auditor) must be posted on the Association’s website.

 

ART. 19 – The Association flag is made of a banner of the national colours, on which is printed the association logo and the words “Associazione Nazionale ex Deportati nei Campi Nazisti”.

 

ART. 20 – The Association badge is identical to the Association logo, and applies across the whole Association, as does the membership card, in conformity with the sample attached to this Statute.

 

ART. 21 – The annual Association celebration will be on 5 May each year, the date of the Liberation of Mauthausen, the last Nazi camp to be liberated.

 

ART. 22 – Any provisions not included or foreseen in this Statute will be regulated by the general Italian Civil Code rules and other applicable laws.

 

ART. 23 – The Association is unlimited in time, and can be dissolved only by decision of the National Congress. Whenever a Branch is dissolved, its assets will be transferred to the national organisation. If the national organisation is dissolved, its assets will be transferred to the Fondazione Memoria della Deportazione: in the event that this latter has ceased to exist, national organisation assets will be transferred to another organisation that shares its objectives.

 

Signed: VENEGONI DARIO, President

Signed: Federica Isotti L.S. (lawyer)

 

Bolzano, November 2016

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