CONSTITUTION OF THE UNITED EUROPEAN POKÉMON COMMUNITIES


Preamble

We the undersigned, as European Pokémon fans, have decided to establish a Union in an attempt to unify and interconnect the Pokémon communities of our respective nations and languages.
It is our sincere wish that our fellow Pokémon fans throughout Europe may get to know eachother better, make new friends and have fun, irrelevant of national borders and language barriers.

Article 1

By this Constitution, the SIGNATORIES establish among themselves the UNITED EUROPEAN POKÉMON COMMUNITIES, hereinafter called "the Union".


Article 2

The Union is founded on the values of openness, diversity, friendliness, participation and democracy, as a place on the Internet for all peoples of Europe to communicate, discuss and exchange ideas and opinions of the Pokémon franchise by Nintendo, and any other topic deemed appropriate.


Article 3

The Community Council:

(a) shall exercise rulemaking and policymaking functions;

(b) shall consist of a Council of Moderators and a Council of Representatives.


Article 4

The Council of Moderators:

(a) shall be composed of the National and International moderators;

(b) shall, jointly with the Council of Representatives, exercise rulemaking and policymaking functions;

(c) shall act by a majority of its members when considering proposals for rules or policies;

(d) shall act by a qualified majority of its members when considering proposals for rules or policies applying to the National forums;

(e) shall convene at least once a week to discuss the current state of affairs.


Article 5

The Council of Representatives:

(a) shall be composed of representatives of the Union's members, elected for a three month term;

(b) shall be elected from among consistently active members, the rules and procedures for elections shall be laid down by the Community Council;

(c) shall not exceed forty members in number;

(d) shall, jointly with the Council of Moderators, exercise rulemaking and policymaking functions;

(e) shall act by a majority of its members when considering proposals for rules or policies;

(f) shall choose a President from among its members;

(g) shall convene at least once a week to discuss the current state of affairs.

If the Council of Representatives is dissolved before the end of its term, an early election shall be held. Until a new Council of Representatives convenes after the election, the existing Council of Representatives shall remain in function.


Article 6

The President of the Union:

(a) shall ensure the consistency, effectiveness and continuity of this Constitution;

(b) shall exercise budgetary and technical functions;

(c) shall exercise functions of external representation;

(d) shall ensure the health of the Union's finances and technical matters;

(e) shall conduct the Union's external representation;

(f) shall appoint the Administrator of the Union;

(g) shall appoint the National and International moderators;

(h) may dissolve the Council of Representatives.

To these ends, the President may seek the advice of the Administrator of the Union and the Council of Moderators.


Article 7

The Administrator of the Union:

(a) shall exercise executive functions;

(b) shall, through appropriate means of enforcement, ensure the application of the Union's rules, as laid down by the Community Council;

(c) shall direct the International moderators;

(d) shall act as President of the Council of Moderators, but:

     (i) shall have no vote except in the case of a tie;

     (ii) may, subject to the approval of the Council of Moderators, delegate the presidency as deemed appropriate.


Article 8

The International Moderators:

(a) shall exercise executive functions for the International forums;

(b) shall, through appropriate means of enforcement, ensure the application of the Union's rules, as laid down by the Community Council;

(c) shall hold their position during good behavior;

(d) shall upon appointment be obligated to act only in accordance with the Union's rules, as laid down the Community Council;

(e) shall not exceed one third of the number of National moderators.


Article 9

The National Moderators:

(a) shall exercise rulemaking and policymaking functions for their respective National forums;

(b) shall exercise executive functions for their respective National forums;

(c) shall, through appropriate means of enforcement, ensure the application of the Union's rules applying to the National forums, as laid down by the Community Council;

(d) shall have autonomy for their respective National forums, except when authority is vested in the Union's rules;

(e) shall hold their position during good behavior;

(f) shall upon appointment be obligated to act only in accordance with the Union's rules, as laid down by the Community Council, and the rules of their respective National forums.

(g) shall not exceed two in number per nation.


Article 10

1. The following procedure shall apply for the adoption of a rule or policy.

First reading

2. A proposal shall be introduced in the originating Council by either its President or one of its members.

3. If, after a period of time for debate and discussion, the originating Council:

(a) passes, by a majority of its members, the proposal, it shall be submitted to the other Council;

(b) rejects the proposal, it shall be deemed to not have been adopted.

4. The proposal shall be introduced in the other Council by its President.

5. If, after a period of time for debate and discussion, the other Council:

(a) passes, by a majority of its members, the proposal, it shall be presented to the President of the Union;

(b) passes, by a majority of its members, the proposal with amendments, it shall be submitted to the originating Council for a second reading;

(c) rejects the proposal, it shall be deemed to not have been adopted.

Second reading

6. If, after a period of time for debate and discussion, the originating Council:

(a) passes, by a majority of its members, the proposal, it shall be presented to the President of the Union;

(b) passes, by a majority of its members, the proposal with further amendments, it shall be referred for reconciliation;

(c) rejects the proposal, it shall be deemed to not have been adopted.

Reconciliation

7. The Presidents of the Council of Moderators and the Council of Representatives shall have the task of reaching agreement on a joint text, on the basis of the proposal of their respective Council at the second reading. They shall take all necessary initiatives with a view to reconciling the proposals of their respective Council.

8. If the Presidents of the Council of Moderators and the Council of Representatives:

(a) approves a joint text, it shall be submitted to both Councils for a third reading;

(b) fail to approve a joint text, it shall be deemed to not have been adopted.

Third reading

9. The reconciled proposal shall be introduced in both the Council of Moderators and the Council of Representatives by their respective President.

10. If, after a period of time for debate and discussion, both Councils pass, by a majority of their members, the reconciled proposal, it shall be presented to the President of the Union.

Enactment

11. If, after the proposal has been presented, the President of the Union:

(a) approves of the proposal, it shall be signed and thus become part of the Union's rules;

(b) rejects the proposal, it shall be returned, with the President's objections to the originating Council for reconsideration.

12. If, after reconsideration on the basis of the President's objections, the originating Council:

(a) passes, by two thirds of its members, the proposal unchanged, it shall be submitted, with the President's objections to the other Council for reconsideration;

(b) rejects the proposal, it shall be deemed to not have been adopted.

13. If, after reconsideration on the basis of the President's objections, the other Council:

(a) passes, by two thirds of its members, the proposal unchanged, it shall be signed by the Administrator of the Union, and thus become part of the Union's rules;

(c) rejects the proposal, it shall be deemed to not have been adopted.


Article 11

1. Upon adoption, resolutions of the Council of Moderators shall be forwarded to the President of the Union, who shall, within reasonable time, proceed to consider the concerns of the Council of Moderators.

2. Upon adoption, resolutions of the Council of Representatives shall be forwarded to the President of the Council of Moderators, the Council of Moderators shall, within reasonable time, proceed to consider the concerns of the Council of Representatives, and either recommend appropriate action to be taken by the Administrator of the Union, or put forward appropriate proposals.


Article 12

Not less than 100 members of the Union may take the initiative of inviting the Council of Moderators, within the framework of its competences, to submit any appropriate proposal on matters where members consider that a rule or policy of the Union is required.


Article 13

1. If the Administrator of the Union no longer fulfils the conditions required for the performance of his or her duties or if he or she has been guilty of serious misconduct, the President of the Union may, on application by the Council of Moderators acting by a simple majority, compulsorily retire him or her.

2. A vacancy caused by resignation or compulsory retirement of the Administrator of the Union shall temporarily be filled by the President of the Union.

3. If any National or International moderator no longer fulfils the conditions required for the performance of his or her duties or if he or she has been guilty of serious misconduct, the President of the Union may, on application by the Council of Representatives acting by a simple majority, compulsorily retire him or her.

4. A vacancy caused by resignation or compulsory retirement of a National moderator shall be filled by a new Moderator nominated by the Union's relevant national partner.


Article 14

1. In the event of the Council of Representatives being unable to convene for a period of longer than three weeks, the President of the Union may, after obtaining the consent of the Council of Moderators, adopt provisional measures as part of the Union's rules, provided that they remain within the competences of the President of the Union and the Council of Moderators.

2. All provisional measures adopted shall be void when the Council of Representatives reconvenes.


Article 15

1. The following procedure shall apply for amending or supplementing this Constitution:

First reading

2. A proposal for amending or supplementing this Constitution, shall be introduced in the originating Council by either its President or one of its members.

3. If, after a period of time for debate and discussion, the originating Council:

(a) passes, by a qualified majority of its members, the proposal, it shall be submitted to the other Council;

(b) rejects the proposal, it shall be deemed to not have been adopted.

4. The proposal shall be introduced in the other Council by its President.

5. If, after a period of time for debate and discussion, the other Council:

(a) passes, by a qualified majority of its members, the proposal, it shall be presented to the President of the Union;

(b) passes, by a qualified majority of its members, the proposal with amendments, it shall be submitted to the originating Council for a second reading;

(c) rejects the proposal, it shall be deemed to not have been adopted.

Second reading

6. If, after a period of time for debate and discussion, the originating Council:

(a) passes, by a qualified majority of its members, the proposal, it shall be presented to the President of the Union;

(b) passes, by a qualified majority of its members, the proposal with further amendments, it shall be referred for reconciliation;

(c) rejects the proposal, it shall be deemed to not have been adopted.

Reconciliation

7. The Presidents of the Council of Moderators and the Council of Representatives shall have the task of reaching agreement on a joint text, on the basis of the proposal of their respective Council at the second reading. They shall take all necessary initiatives with a view to reconciling the proposals of their respective Council.

8. If the Presidents of the Council of Moderators and the Council of Representatives:

(a) approves a joint text, it shall be submitted to both Councils for a third reading;

(b) fail to approve a joint text, it shall be deemed to not have been adopted.

Third reading

9. The reconciled proposal shall be introduced in both the Council of Moderators and the Council of Representatives by their respective President.

10. If, after a period of time for debate and discussion, both Councils pass, by a qualified majority of their members, the reconciled proposal, it shall be presented to the President of the Union.

Enactment

11. If, after the proposal has been presented, the President of the Union:

(a) approves of the proposal, it shall be signed and thus become part of the Union's constitutional rules;

(b) rejects the proposal, it shall be deemed to not have been adopted.


Signatories

Kim Marchwitz/DarkMewtu, Denmark
PokeTeam.dk

Lanzar, Sweden
PokémonForumet

Impergator, Germany
Bisafans.de

Yellow Rayquaza, Finland
Rayquazan Peliapu

Arty2, Greece
Legendary Pokémon

Melkor, Spain
pokexperto.net

Tyrano, Spain.
PokéSpain.

Gkx, Italy
Pokémon Central

Joeno, the Netherlands
PKMN.NET

Havak, United Kingdom
PokémonWorld.co.uk

Dennix, The Netherlands
Pokemonforum.nl

Gauthier Bouchet, France
Pokémon France

Martin, Austria
Pokemonexperte.de

Baron Sengir, The Netherlands
Sinnoh.nl




Copyright (c) 2009-2010 United European Pokémon Communities
Verbatim copying and redistribution of this entire page are permitted provided this notice is preserved.

Valid XHTML 1.1