Chapter I: IDENTITY – PURPOSES
- The European Network of Academic Sports Services (ENAS) is an association of higher education sports services.
- ENAS is a non-governmental international association with a non-profit-making purpose of international interest, having legal personality pursuant Swiss law.
- The registered office of ENAS is in Basel, Switzerland, at the place fixed by the Executive Committee. Only the General Assembly has the right to transfer the registered office to another country.
The purposes of ENAS are:
- to foster the development of “sports for all” in higher education.
- to develop communication between academic sports services.
- to exchange ideas and experiences of the different countries.
- to encourage the mobility of professionals (persons involved in sport services) and students.
- to promote recognition of the academic sports services in Europe.
ENAS will carry out its activities in compliance with the principles of:
- equality between all the members and all the athletes, students, and officials, without racial, political, religious, or other discrimination;
- non-interference in the internal affairs of affiliate members;
- the non-profit-making purpose: the financial resources shall be used only to pursue the purposes set forth in this Constitution. ENAS members have no rights thereto.
Chapter II: RESPONSIBILITY
ENAS is fully responsible for its obligations by means of patrimony, with the exclusion of the direct responsibility of its members, organs or staff.
Chapter III: MEMBERS
The members of ENAS shall be higher education sports services networking for the advancement of academic sports services.
Applications for membership shall be signed by the statutory representative of the applicant member and sent to the Secretary-General of ENAS.
- Applications for membership shall be reviewed by the Executive Committee, which decides on the admission.
- The applicant member becomes a member by paying the membership contribution for the current year.
- Failure of a member to fulfil any of its obligations pursuant to the Constitution and Regulations of ENAS shall render said member liable to a sanction to be decided by the Executive Committee. The Executive Committee may also delegate this power.
- In the event of serious or persistent breach, the member concerned may be excluded.
Each member shall pay an annual membership contribution, the amount of which shall be fixed by the General Assembly on a proposal of the Executive Committee.
The first contribution is due for the calendar year during which the member is admitted by the Executive Committee.
- Unless an exception is decided upon by the Executive Committee, the contributions are collected by ENAS.
- The balance of the contributions collected shall remain at the disposal of the ENAS as a contribution to their operating expenses.
A member which has failed to pay its contribution after one reminder with a new deadline of at least 2 months will be excluded by the Executive Committee
- A member may more over be excluded by the General Assembly if the member discredits the ethics of ENAS.
- In this case the decision to exclude a member requires a majority of two thirds of the votes cast.
- The General Assembly shall decide on the exclusion before any other point on the agenda.
The member shall be given the opportunity to be heard before a sanction is imposed on it.
A member wishing to leave ENAS shall send a formal notification by e-mail to the Secretary-General of ENAS before the deadline of the 1st of January specifying their request to withdraw their membership for the upcoming year.
- Under no circumstance will a member be entitled to reimbursement of membership contributions.
- The member shall claim no damages for decisions taken by the authorities of ENAS concerning them, except in case of abuse of law or serious offence.
Chapter IV: GENERAL ASSEMBLY
The General Assembly is the general meeting of members and the highest authority of ENAS.
- The statutory General Assembly shall be held annually.
- The Executive Committee may convene extraordinary General Assemblies. The Executive Committee must convene an extraordinary General Assembly within two months of a request submitted to the Executive Committee in writing by one fifth of the members, stating the reasons and the agenda.
- The date and venue of each General Assembly shall be specified by the Executive Committee.
- The General Assembly shall have the following exclusive powers and duties:
- Alteration of the Constitution and dissolution of the association;
- To transfer the registered office of the ENAS to another country;
- Exclusion of members, except in case of article 11;
- Setting the annual amount of contribution on a proposal from the Executive Committee:
- Election of the President, the Treasurer, the Secretary-General of ENAS and of the other members of the Executive Committee;
- Dismissal of the members of the Executive Committee of ENAS;
- Appointment of two members from different nations acting as auditors or appointment of professional auditors at the seat of ENAS;
- To view the Auditor’s report (before annual account report approval).
- In addition, the General Assembly shall each year decide on:
- the management report;
- the annual accounts of the previous year;
- activity plan of the Executive Committee;
- the budget for the following year.
- Notices convening the General Assembly shall be sent to the members at least forty (40) days before the date of the General Assembly. The notices shall indicate the date, the time, and the place of the General Assembly as well as the agenda. Should the case arise, they will be accompanied by the full text of any proposals to amend the Constitution. The list of the candidates for President, Secretary-General and Treasurer should be sent at least twenty five (25) days prior the General Assembly.
- Notices convening the statutory General Assembly shall moreover be accompanied by:
- the management report and activity plan of the Executive Committee;
- the accounts and the budget;
- the auditors’ report.
- The agenda of the General Assembly shall be drawn up by the Executive Committee. The date of the General Assembly must be known half a year in advance.
- A member wishing to include one or more items in the agenda of the General Assembly, or to put a question to the Executive Committee, must submit a draft proposal stating the reasons on which they are based or the text of its question, in English, to the registered office of ENAS at least sixty days (60) before the date of the General Assembly.
- With the exception of alterations to the Constitution, any question not on the agenda of the General Assembly can be added on to be discussed and voted on by the General Assembly at the request of one third members.
- Except in cases where the preceding point applies, no vote shall be taken on any question which is not on the agenda.
Unless otherwise decided by the General Assembly, the General Assembly of ENAS shall be public.
The members shall have one vote per institution and shall exercise their voting through the appointed delegate from that institution.
The identity of voting delegates must be communicated to the President of the General Assembly at the opening of the General Assembly.
- All proposals which fail to obtain absolute majority of the votes cast shall be rejected. In the case of a tie, the President shall have the casting vote.
- If the voting pertains to more than two possibilities, none of which obtained an absolute majority, a second round of voting shall be organized on the two possibilities with the best score in the first round.
- A majority of two thirds of the votes cast shall be required in the following cases:
- suspension or expulsion of a member;
- the dissolution of ENAS;
- amendment of the Constitution.
- Abstentions and null and void votes do not count.
- In the case of elections, each voter shall vote for as many candidates as there are vacancies. All other votes shall be null and void.
The candidates who obtain the largest number of votes shall be elected. In case of an equal number of votes for the last position available, a runoff election of the tied candidates will be conducted by relative majority. In such a case, votes shall be cast for one candidate only, under penalty of the vote being declared void.
- If the election is for only one vacancy, the candidate who receives an absolute majority of votes shall be elected. If necessary, a second round of voting shall be organized between the two candidates who received the highest number of votes in the first round.
- If there is only one candidate for a position or if there are as many candidates as there are positions, the election is conducted without voting.
- Voting is by a show of hands, or if requested by a voting delegate, by roll call.
- Nevertheless, voting by secret ballot shall be used:
- for the exclusion of members of ENAS;
- for the election and dismissal of the President and the members of the Executive Committee;
- at the request of one third voting delegates.
- All amendments of the items on the agenda must be made in writing, at the registered office of ENAS, at least thirty days before the date of the General Assembly. The text of the amendments shall be distributed at the beginning of the General Assembly at the latest.
- The voting shall pertain first to the amendments, beginning by the last one, then on any amended proposal.
The General Assembly may decide that a proposal is to be submitted to a subcommittee appointed by the Executive Committee, which shall draw up a relevant report.
This proposal shall be included in the agenda of the next statutory General Assembly.
- Minutes shall be taken of every General Assembly of the ENAS.
- The minutes shall be drawn up during the session by the Secretary-General or by the person appointed by the President of ENAS for that purpose.
- The minutes shall be drawn up in English.
Unless otherwise decided by the General Assembly, the decisions of the General Assembly shall be effective immediately.
Chapter V: EXECUTIVE COMMITTEE
- ENAS shall be managed by its Executive Committee under the authority of the General Assembly.
- The Executive Committee shall be vested with the most extensive powers as regards the management of ENAS and the regulation of the network of academic sports services. It shall decide all matters not otherwise reserved to another policy body by this Constitution.
- The Executive Committee shall, in particular:
- fix the date and venue of the General Assembly and the annual conference;
- convene and be responsible for organizing the General Assembly and the annual conference;
- execute the decisions of the General Assembly;
- declare the exclusion of members of ENAS, to be approved at the next
General Assembly, in serious and urgent cases, except in case of article 11;
- Exclude members not having paid their membership contributions, according to article 11;
- decide on the admission of a new member;
- propose the nomination of the auditors to the General Assembly;
- propose the amount of annual membership contribution;
- formulate the annual accounts to be submitted to the General Assembly;
- devise the activity plan, management report and the budgets;
- decide on contracts to be signed with third parties;
- engage staff;
- lay down its own Rules of Procedure;
- set up and appoint the members of the subcommittees necessary for the proper functioning of ENAS;
- Infringements to the regulations and decisions shall be sanctioned in accordance with the regulations and procedures laid down by the Executive Committee.
The following sanctions may be applied:
- Difficulties concerning the interpretation or application of the Regulations of ENAS shall be settled by the Executive Committee or, in an emergency, by the President of ENAS or his/her replacement. The Executive Committee may also delegate this power.
- The Executive Committee shall be composed of the President, the Treasurer, the Secretary-General of ENAS and at least two, but maximum four other members elected by the General Assembly.
- The members intended in Paragraph 1 above can be joined by a maximum of two co-opted members.
- All members of the Executive Committee are elected at the General Assembly. The election of the President, the Treasurer, and the Secretary-General shall be in accordance with Article 25, immediately before the election of the other members.
- The term of office of the Executive Committee and of the President shall commence immediately upon the adjournment of the General Assembly that elects the new Executive Committee.
- The Executive Committee members shall be renewed every two years. Outgoing members shall be eligible for re-election three times.
- The President of ENAS shall also be the Chairman of the Executive Committee.
- The Executive Committee shall elect one Vice-President from among its members by secret ballot.
- The candidates for the President, Treasurer and Secretary-General shall be nominated in advance by the delegates attending the General Assembly.
- Under penalty of inadmissibility, the nominations must be written in English and deposited with the Secretary-General of ENAS thirty days prior to the date of the General Assembly.
- If there is not a sufficient number of candidates, new nominations may be introduced during the session of the General Assembly. The election will be limited to the new candidates; the candidates presented according to paragraphs 1 and 2 above shall be automatically elected.
- The other members of the Executive Committee are nominated at the General Assembly after the election of President, Treasurer and Secretary-General.
- The term of office of a member of the Executive Committee shall come to an end by resignation, death, or dismissal by the General Assembly. The Executive Committee will continue to function with the same powers as though it were complete.
The election of a successor of an elected member for a two year term shall take place at the next General Assembly.
- If the Executive Committee has only six elected members or fewer, it has the right to co-opt the required number of members until the next General Assembly.
- The Executive Committee shall meet at least twice a year of which once shall be in the Forum host city on the eve of the statutory General Assembly.
- It shall also meet either at the request of the President, or at the request of no less than four members. In such a case, the choice of venue shall be left up to the President’s discretion.
- In urgent cases, the President can ask for a postal vote. The decision shall be valid if at least two thirds of the members have cast a vote.
- To be able to deliberate validly, the Executive Committee must have the majority of its members intended by Article 33.1 present. In no case may the members of the Executive Committee have substitutes for themselves.
- Co-opted members have no voting rights.
- Any member having a personal interest in a matter submitted for deliberation must leave the session before the deliberation. If the Executive Committee should deliberate and decide on a disputed issue concerning one nation the members of the Executive Committee with this nationality shall leave the session.
- In case of an equality of votes, the President or his/her replacement shall
have a casting vote.
- Matters falling within the jurisdiction of the Executive Committee may be allocated between its members who may be assisted in their tasks by a subcommittee chaired by them.
- A member assigned responsibility for a specific matter shall prepare an annual budget for his field of activity. The budget must be approved by the Executive Committee and will thereafter be incorporated into the general budget of ENAS to be submitted to the General Assembly.
Chapter VI: DELEGATION OF THE EXECUTIVE COMMITTEE
- The routine and/or urgent business of ENAS shall be dealt with by the Delegation of the Executive Committee (President, Treasurer, Secretary-General and Vice-President).
- In case of an equality of votes, the President shall have a casting vote.
In cases of extreme urgency, the President may take the decision alone. The president shall inform the Executive Committee of the decision at the next meeting.
Chapter VII: PRESIDENT
- The President of ENAS shall chair the General Assembly of ENAS and the meetings of the Executive Committee.
- The president may, under his/her own responsibility, appoint persons with a function in academic “sports for all” activities as official delegates of ENAS to perform special assignments.
The President shall cite the persons and bodies who fail to comply with the Constitution and Regulations.
- If the President is absent or unable to attend, he/she is replaced by the Vice-President.
- In the event of death, resignation or dismissal of the President, the Vice-President as intended in paragraph 1,shall fill the office of the president until the next General Assembly. The General Assembly will elect the successor as per Article 25.
Chapter VIII: EXTERNAL REPRESENTATION
The President shall represent ENAS in all circumstances, including at law, both as plaintiff and defendant.
ENAS shall be validly bound to third parties by the joint signatures of the President and Treasurer, or those of the President and Vice-President.
Chapter IX: SUB-COMMITTEES
The Executive Committee shall set up sub-committees if it seems necessary for the proper functioning of the ENAS. It shall prescribe their sphere of activity and function and appoint their members.
Chapter X: ADMINISTRATIVE SERVICE
The administration of ENAS shall be placed under the direction of the President, assisted by a Secretary-General.
Chapter XI: TREASURER
- The General Assembly shall elect a Treasurer.
- The Treasurer shall carry out his/her duties under the supervision of and in cooperation with the President of ENAS.
- The Treasurer shall prepare ENAS’s budget and draw up the annual accounts. He/she shall examine the financial and tax implications of all contracts entered into by ENAS and shall give his/her opinion thereon. He/she shall control revenues and expenditures. He/she shall have financial powers, which may be delegated to him/her by the Executive Committee.
- The financial year of ENAS shall commence on 1st January and close on 31st December.
- The resources of ENAS shall consist in particular of the contributions of members, sponsoring and other sources.
- All the sums indicated in the text and documents of ENAS shall be in “Euro”.
- In accordance with objective criteria and within the limits of the budget approved by the General Assembly, an allowance may be granted to persons who exercise tasks inside ENAS which take up a considerable amount of their time.
Chapter XII: FINANCIAL CONTROL
- Two auditors are elected by the General Assembly for a period of two years. The auditors shall not be eligible for re-election for a consecutive term.
- The auditors shall be elected one year after the election of the Executive Committee.
- The auditors shall audit the accounts of ENAS, and draw up a relevant report to be submitted to the General Assembly. The General assembly shall view this document before the approval of annual account report;
- The auditors to be elected by the General Assembly can be professional external auditors. In this case, the auditors shall be elected for a period of 2 years. Re-election is possible. The external auditors shall have their place of business at the place of the seat of ENAS.
Chapter XIII: OFFICIAL LANGUAGES
The official language of ENAS shall be English.
The Constitution, Regulations and minutes, as well as all documents submitted to the General Assembly, shall be drawn up in English.
- All documents or letters addressed to ENAS must be in English.
- The language used during the General Assembly and the meetings of the policy bodies of ENAS shall be English.
Chapter XIV: SYMBOLS AND LOGOS
- The flag of ENAS shall present the ENAS logo with the lettering “ENAS”.
- The flag, the colours arranged thereon, the logo and its reproduction, as well as the name “European Network of Academic Sports Services” and the abbreviation “ENAS” are the property of the European Network of Academic Sports Services and may not be used without its consent.
The General Assembly may confer the title of a position to a person who has exercised said position at ENAS honoris causa.
The Executive Committee may create and attribute distinctions.
Chapter XV: APPLICABLE LAW / COMPETENT COURTS
- ENAS is subject to Swiss Law.
- All proceedings instituted against the ENAS shall be referred exclusively to the competent court of Basel, Switzerland, where the registered office of the ENAS is situated, even in the case of proceedings on intervention or guarantee. The plaintiff shall not rely on any connexity whatsoever.
Chapter XVI: DISSOLUTION
- ENAS shall be established for an indefinite period.
- The issue of its dissolution shall be decided only by an extraordinary General Assembly.
- The Executive Committee shall convene the extraordinary General Assembly to deliberate on the possible dissolution of ENAS, either at the request of at least one fifth of the members or pursuant to a decision taken from among its members by a majority of two thirds of the votes.
- The General Assembly must represent at least two thirds of members at the time of the voting. Dissolution shall be decided by a majority of two thirds of the votes cast.
- The General Assembly which shall decide on the dissolution of ENAS shall appoint one or more liquidators. Otherwise, the liquidation shall be entrusted to the Executive Committee. The General Assembly shall also decide on the use of the balance of the liquidation. If it should not, the balance shall be donated to an international charity. Under no condition shall said balance be distributed to the members of ENAS.
- At the end of the liquidation process, the liquidators shall give account to the General Assembly which shall declare the liquidation closed.
Chapter XVII: EFFECT
The Constitution amended by the General Assembly of ENAS on 9th November 2013 shall take effect immediately.