ARTICLES OF ASSOCIATION OF THE CYPRUS JUDGES’ ASSOCIATION

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REGULATION

1.NAME

2.SEAT

3.OBJECTIVES

4.MEMBERS

4.1.    Eligibility

4.2.    Honorary Members

4.3     Disqualification of Members

5.FINANCIAL RESOURCES

6.GOVERNING BODIES

6.1.    General Meeting

6.2.    Executive Committee

6.3.    Duties of the Executive Committee

6.4.    Powers of the Executive Committee

6.5.    President

6.6.    Vice President

6.7.    Secretary

6.8.    Treasurer

6.9.    Members of the Executive Committee

6.10.  Meetings of the Executive Committee

7.ASSETS

8.DISSOLUTION

9.GENERAL PROVISIONS

ARTICLES OF ASSOCIATION OF THE CYPRUS JUDGES’ ASSOCIATION

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1.An association of judges of the Republic of Cyprus is hereby established with the name “Cyprus Judges’ Association”.

2.The seat of the Association shall be in Nicosia.

3.The main objectives of the Association are:

3.1     Safeguarding and enhancing the personal and operational independence of Cyprus judges.

3.2     Improving the conditions of the administration of justice.

3.3     Improving the terms and conditions of service of the members of the Association and promoting solutions to problems faced by the members of the Association.

3.4     Promoting legal science and contributing to the modernisation and improvement of legislation.

3.5     The continuous education of the members of the Association.

3.6     Promoting and developing co-operation with the Supreme Court for the advancement of the objectives of the Association.

3.7     Promoting and developing co-operation with Associations internationally.

3.8     Promoting co-operation with public bodies to advance the objectives of the Association.

4.Members

4.1     The following persons are eligible to become members of the Association:

Judges of all ranks in first instance District Courts and Assize Courts as well as appellate courts of the Republic of Cyprus that have been established or will be established by legislation.

“Judge” means a person holding the position of a judge pursuant to his/her appointment by the Supreme Judicial Council, under the provisions of the Courts Law or any other legislation establishing courts of first instance or appellate courts and does not include judges in the Supreme Court or the Supreme Constitutional Court.

4.2     Honorary members

4.2.1  Persons who have served as Judges – members of the Association and have provided exceptional service to Justice and who are able to contribute to the promotion of the objectives of the Association, may be made honorary members if the Executive Committee so resolves.

4.2.2  Honorary members are exempt from the obligation to pay annual membership fee.

4.3     A member of the Association shall cease to be a member upon:

4.3.1  Appointment to the Cyprus Supreme Court, or

4.3.2  Leaving the Judicial Service, or

4.3.3  Submitting his resignation in writing to the Executive Committee of the Association, or

4.3.4  Being disqualified following a decision of the Executive Committee on the ground that he/she has not paid their membership fee to the Association for a period exceeding 24 months.Provided that a member cannot be so disqualified unless he/she is notified in writing by the Executive Committee and neglects to settle his/her outstanding financial obligations to the Association within the deadline set in aforementioned written notice.

5.The financial resources of the Judges’ Association shall consist of:

5.1     Membership fees.

5.2     Grants, gifts and sponsorships.

5.3    Revenue from various events of the Association.

6.The governing bodies of the Association shall be the General Meeting and the Executive Committee.

6.1     The General Meeting.

6.1.1  The General Meeting shall comprise of all the members of the Association.

6.1.2  All members with no outstanding financial obligations to the Association have the right to participate at General Meetings. All members present at a Meeting have the right to vote. Absentee members shall not have the right to vote by proxy unless their absence is due to:Travelling abroad for the business of the Judicial Service.Executing the duties of their office outside normal working hours pursuant to the rota established by each District Court.

6.1.3  Honorary members have the right to be present at General Meetings but do not have the right to vote.

6.1.4  The General Meeting shall convene at least annually, in the month of October, in a regular session. The place, time and agenda of the Annual General Meeting, are set by the Executive Committee and notified to the members at least 15 days in advance. The agenda of the Annual General Meeting shall at least include the following:The report of the Executive Committee.The approval of the accounts of the previous year.Every third year, the elections for the new Executive Committee which shall hold office for a three year term.

6.1.5 The Executive Committee may convene Extraordinary General Meetings:

6.1.5.1         At any time it deems necessary.

6.1.5.2         Upon a written request submitted to the Executive Committee and signed by not less than 1/3 of the members of the Association at the time. The written request should stipulate the reason for convening the meeting and its agenda. In such an event, the Executive Committee shall convene an Extraordinary General Meeting at a time not exceeding 10 days from receipt of the written request.

6.1.5.3         In accordance with Regulation 6.2.9.4., upon the resignation or departure of five or more members of the Executive Committee. In such an event, the Executive Committee is deemed disqualifies to hold office and remaining members of the Executive Committee remain in office for the sole purpose of convening the Extraordinary General Meeting.

6.1.5.4         In accordance with Regulation 6.2.9.3, upon the resignation or departure of the President of the Association, with the sole purpose of electing a new President.

6.1.6 The General Meeting is in quorum if 50% of members with no outstanding financial obligations to the Association are present. If no quorum is present, the General Meeting is re-convened in half an hour at the same place and with the same agenda and if more than 30 members are then present, they form a quorum. If less than 30 members are present at such re-convened General Meeting, then the meeting is postponed again and re-convened in 30 minutes and the members present at such meeting shall form a quorum.

6.1.7 The President of the Association presides at General Meetings and has a casting vote in the event of a tie on all matters put to an open vote.

6.1.8 All resolutions are carried by simple majority unless provided otherwise in these Regulations. With the exception of voting in elections, all votes are open and conducted by a show of hands.Provided that the General Meeting may decide, following a request by any member, to have a secret vote by ballot on any matter.

6.1.9 In the absence of any express provision in these Regulations and where it is practically impossible to follow an express provision, proceedings at General Meetings are set by the General Meeting.

6.1.10 The Executive Committee convenes a Constitutional Meeting:

6.1.10.1       When the Executive Committee considers that these Articles of Association should be amended.

6.1.10.2       Upon a written request submitted to the Executive Committee by no less than 1/3 of members. Such written request should specify the proposed amendment. In such an event a Constitutional Meeting is convened by the Executive Committee no less than 30 days from the receipt of the request.

6.1.10.3       Proceedings stipulated in these Articles of Association regarding the conduct of business and quorum at General Meetings shall apply respectively to the conduct of business at a Constitutional Meeting.

6.2     Executive Committee.

6.2.1  The Executive Committee shall consist of eight members elected at a General Meeting by a secret ballot.

6.2.2  The Executive Committee shall comprise of:

6.2.2.1         The President

6.2.2.2         The Vice President

6.2.2.3         The Secretary

6.2.2.4          The Treasurer

6.2.2.5          Five members

6.2.3 Elections for the Executive Committee shall be supervised by a four member Elective Committee, which shall be appointment by the General Meeting for this purpose. Candidate for election to the Executive Committee are excluded from participating in the Elective Committee.

6.2.4 Any member who has the right to vote can be a candidate. Members of an outgoing Executive Committee are eligible for re-election. Candidacies must be submitted in writing by the interested persons to the Secretary, no less than 7 calendar days ahead of the General Meeting at which the elections shall be conducted.

6.2.5 For the office of President, if there are more than one candidacies, a separate vote is taken and the candidate who receives the most votes is elected President. If there is only one candidate, then that candidate is automatically pronounced by the General Meeting as President of the Association without the need for a vote.

6.2.6 After a President is elected, there is a joint vote for the remaining seven offices and the seven candidates who receive the most votes are elected. If there are seven or less candidates then they are automatically proclaimed by the General Meeting as members of the Executive Committee without a vote.

6.2.7 A candidate for the office of President who is not elected to that office, may submit to the Electoral Committee his/her candidacy for election to the Executive Committee irrespective of the provisions of Regulation 6.2.4 which set a 7 day deadline for submission of such candidacies.

6.2.8 The Executive Committee convenes at the latest within a week of its election to forms a body and elects between its members the Vice President, the Secretary and the Treasurer. If there is more than one candidate for each office, an open vote is conducted between the members of the Executive Committee. In the event of a tie, the President has a casting vote.

6.2.9 The Executive Committee shall have a three year term.

6.2.9.1 Any member of the Executive Committee may resign his/her office by written notice to the Executive Committee. The Executive Committee shall fill an office so vacated by appointing another member from the runners up in the immediately preceding elections, starting from the runner up who had received the most votes. If there are no runners up, the Executive Committee may appoint any other member of the Association at its discretion and such member shall hold office for the remainder of the term of the Executive Committee.

6.2.9.2 If the departing member holds the office of Vice President, Secretary or Treasurer, any other member of the Executive Committee may be appointed to such office. The Executive Committee then proceeds to re-allocate its members to the remaining offices and fill any vacancies. The aforesaid replacement and re-allocation is done by open vote between the members of the Executive Committee.

6.2.9.3 If, during his/her term, the President of the Association resigns or vacates his/her office, the Executive Committee must, pursuant to Regulation 6.1.5.4, convene an Extraordinary General Meeting within 20 days for the purpose of electing and appointing a new President.

6.2.9.4 If during the term of the Executive Committee five or more members resign or vacate their office, the Executive Committee must, pursuant to Regulation 6.1.5.3, convene an Extraordinary General Meeting within 20 days to elect a new Executive Committee and new President of the Association.

6.2.9.5 In electing a new President and Executive Committee, the provisions of Regulation 6.2 of these Regulations shall apply. The term of the new President and the new Executive Committee so elected shall be for the remainder of the term of the outgoing President and outgoing Executive Committee.

6.3    The duties of the Executive Committee are:

6.3.1  Promoting the objectives of the Association.

6.3.2  Taking actions and decisions necessary for the operation of the Association and the achieving its objectives.

6.3.3  Organising seminars and conferences and publishing, circulating and distributing books and other written materials for the continuous education of the members of the Association.

6.3.4  Managing the financial resources and assets of the Association.

6.3.5  Accepting eligible members.

6.3.6  Examining suggestions for the admittance of honorary members and admitting such honorary members, if so decided.

6.3.7  Disqualifying any members for the reasons stipulated in Regulation 4.3.4.

6.3.8  Creating sub-committees of members of the Association to assist the Executive Committee in discharging its duties.

6.3.9  Determining the amount of and collecting the members annual subscription fee.

6.3.10 Opening a bank account for the Association in which all proceeds shall be deposited and from which all payments shall be made.

6.3.11 Representing the Association in Cyprus and abroad. This shall include representing the members of the Association in their contacts with the Supreme Court and the legislative and executive branches of government for the purpose of furthering the objectives of the Association and, mainly, for the improvement of the terms and conditions of service of its members and the administration of justice.

6.3.12 Any other duties explicitly stipulated in these Articles of Association.

6.3.13 Handling any other matter concerning the operation of the Association not expressly provided for in these Articles of Association.

6.4     In the discharge of its duties, the Executive Committee has the following powers:

6.4.1  To employ and pay personnel and independent advisors.

6.4.2  To enter into contracts with any legal or physical person.

6.4.3  To establish and operate medical and life insurance cover for the members of the Association and enter into contracts with any organization for this purpose.

6.5     The President of the Association:

6.5.1  Represents the Association in Cyprus and abroad and reports on behalf of the Executive Committee to the General Meeting.

6.5.2  Is responsible for ensuring compliance with these Articles of Association and the orderly operation of the Association.

6.5.3  Oversees the effective attainment of the objectives of the Association.

6.5.4  Presides over all meetings the Executive Committee and General Meetings.

6.5.5  Convenes, together with the Secretary, the meetings of the Executive Committee.

6.5.6  Together with the Secretary, conducts all correspondence of the Association.

6.5.7  Executes all payment orders of the Association and, together with the countersignature of the Secretary, manages the bank account of the Association.

6.6     The Vice President of the Association:

6.6.1  Steps in for the President in all his/her duties and obligations, if the President is absent or unavailable.

6.6.2  Assists the President in the discharge of his/her duties in any possible manner, for the attainment of the objectives of the Association.

6.7     The Secretary of the Association:

6.7.1  Takes the minutes of each meeting of the Executive Committee and each General Meeting.

6.7.2  Maintains the records of the Association.

6.7.3  Is responsible, together with the President, for conducting all correspondence of the Association.

6.7.4  If the President is absent or unavailable, countersigns together with the Treasurer the payment orders of the Association and manages the bank account of the Association.

6.7.5  Convenes, together with the President, the meetings of the Executive Committee and presides in these meetings in the absence or unavailability of the President and Vice President.

6.8     The Treasurer of the Association:

6.8.1  Collects moneys and makes payments of the Association and issues receipts.

6.8.2  Maintains records and/or accounts for every collection or payment.

6.8.3  Manages the bank account of the Association and countersigns for the account together with the President or Vice President.

6.8.4  Prepares the balance sheet of the Association and reports to the Executive Committee.

6.8.5  Is responsible for the assets of the Association and provides information to the Executive Committee or the General Meetings regarding the financial affairs of the Association, as may be requested.

6.9     The members of the Executive Committee:

6.9.1  Contribute in any way to the attainment of the objectives of the Association.

6.9.2  Perform the duties assigned to them by the President and the Executive Committee, including the ad hoc performance of the duties of Vice President, Secretary and Treasurer of the Association if deemed necessary.

6.9.3  Represent the Association in Cyprus and abroad if the Executive Committee so decides.

6.10   Meetings of the Executive Committee:

6.10.1 The Executive Committee convenes at regular session at least every 60 days and in extraordinary session whenever the President so decides either in his/her own initiative or following a written request of not less than four members of the Executive Committee. In the latter case, the written request should stipulate the reasons for requesting the meeting. In such a case, the President covenes a meeting of the Executive Committee no later than 7 days from the receipt of the written notice.

6.10.2 Notices to convene meetings are sent to the members of the Executive Committee not less than 3 days before the meeting. Notices shall stipulate the time and place of the meeting and its agenda, with the exception of matters to be discussed as resolved in the previous meeting.Provided that this Regulation shall not apply where the date and agenda of a meeting has already been set by the Executive Committee at its immediately preceding meeting.

6.10.3 Any member of the Executive Committee may ask the President to include a matter in the agenda, at least 2 days ahead of a meeting.

6.10.4 The meetings of the Executive Committee are in quorum when not less than 5 of its members are present. Decisions are taken by simple majority. In the event of a tie, the President has a casting vote.

6.10.5 Minutes are taken at every meeting. The minutes are approved at the following meeting by the Executive Committee and are then signed by the President and Secretary. The minutes are taken by the Secretary and in his/her absence, by any member of the Executive Committee nominated by the President for this purpose.

7.Assets.

7.1.    The Association may acquire assets.

7.2.    The Executive Committee manages the assets of the Association and may incur loans of up to €10.000. Loans exceeding €10.000 or the giving of any lien/mortgage over assets of the Association, require the approval of the General Meeting.

8.Dissolution.

8.1     The Association is dissolved following a decision of not less than 4/5 of its registered members. Such resolution is taken at an Extraordinary General Meeting convened especially for this purpose upon request of 2/3 of its members.

8.2     Upon dissolution of the Association, its assets shall be distributed as may be decided at the Extraordinary General Meeting that voted for the dissolution.General

9.Provisions.

9.1.    In the absence of any express provision in these Regulations for any matter, the Executive Committee has the right to decide such matter, provided that its decision is not contrary to the letter and spirit of these Regulations or the objectives of the Association and that it proceeds to make the necessary changes to these Regulations if deemed necessary.