SYL Comments on ESU Executive Committee Proposal for Amendments to ESU Standing Orders
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SYL Comments on ESU Executive Committee Proposal for Amendments to ESU Standing Orders

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7.10.2011

7.10.2011

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    SYL Comments on ESU Executive Committee Proposal for Amendments to ESU Standing Orders SYL Comments on ESU Executive Committee Proposal for Amendments to ESU Standing Orders Document Transcript

    • ’ Comments to the Executive Committee of European Students’ Union 7.10.2011 COMMENTS ON THE ESU EXECUTIVE COMMITTEE PROPOSAL FOR AMENDMENTS TO STANDING ORDERS The proposal for amendments to Standing Orders of ESU are intended to carry out the organizational reform that was approved at BM60 in the Structures Evaluation Internal Motion. While the goals outlined in that internal motion are generally good and indicate that ESU as an organization is developing into a good direction, we hope that the current process of amending the Standing Orders is not indicative of that very direction. The Board was informed in late June that a test group of willing NUS’s would be required to “identify gaps” in the Standing Orders and SYL was informed that first draft of the Standing Orders would be disseminated to that test group by August 10th. This quite obviously did not happen. Instead, the very first draft that was disseminated to any member unions, as far as we know, was sent in September 27th. This is very unacceptable. SYL wants to stress that 10 days for comments is by no means an adequate timeframe to comment on something as fundamental as amending the Standing Orders to dramatically reform the organizational structure of ESU. Extending the deadline by two days to a Sunday does very little to help the situation. Largely due to the tight timeframe, we are wary of supporting any changes that are not related to the organizational reform as outlined in the internal motion passed in BM60. General Comments on Amendments In the bigger picture, we would like to raise the question of what are the implications of the various references to regional balance in the Standing Orders. As there are no tools, such as quotas or geographical divisions, to measure sufficient regional balance, we feel that all references to regional balance should be removed from the proposal for new Standing Orders. We are also concerned on the ambiguous role of the coordinators. The EC proposal outlines a model where the EC practically appoints the coordinators, although this is ratified by the Board, while the coordinators would still remain under supervision of the BM. It seems unjustified to give the EC the competency to recruit these people while giving the BM the competency to dismiss them. Either BM should be stripped of power to dismiss a coordinator or the BM should elect the coordinators in the same manner as members of the Presidency. We would rather see the latter option chosen. Please find our detailed comments on the proposal for amendments in the following pages. Since the time given for going through the Standing Orders, we want to point out that we most likely have not been able to find all the parts that we will, eventually, find problematic. We hope that you will still find our comment helpful in drafting your final proposal for amendments and wish you the best of luck with your efforts to make ESU a more efficient and professional organization.
    • ’ Suomen ylioppilaskuntien liitto (SYL) ry (National Union of University Students in Finland) Katri Korolainen-Virkajärvi Jarno Lappalainen President Vice-President Further information: Vice-President Jarno Lappalainen (jarno.lappalainen@syl.fi, tel. +358 449 065 005)
    • ’ Detailed CommentsNO Paragraph Original text Revised text Comment of SYL1 1 Definitions VOTE (CAST) The number of VOTE (CAST) The number of votes We fail to see how this votes cast inclusive of the number of cast inclusive of the number of votes in relates to reformation of votes in favour, against and favour and against at the time of a vote. ESU’s organizational abstentions at the time of a vote. Abstentions and invalid votes are not structures. Also, the Invalid votes are not taken into taken into account. expressed motivation deals account. with confusion of the member unions. This is a pedagogical matter, not something that should primarily be fixed through amendments to the Standing Orders. Alterations to the voting system are always very fundamental changes that should not be taken lightly and thus we cannot support this amendment under these circumstances.2 1 Definitions GENDER Gender is the This is necessary and minor biological sex (male/female) of a person change that only defines the existing practice and can therefore be added.3 3 Plan of Work 3 Plan of work 3 Three-year strategic framework, plan Proposed amendments are of work and policy largely good. ESU functions according to a three-year However, the part “thus ESU functions according to an annual strategic framework and an annual plan operationalising the strategic plan of work. This plan of work will be of work. The strategic framework framework” might be better presented by the Executive Committee includes the general action lines ESU formulated as: “in order to (hereafter referred to as EC) and has to work on intensively for the advance the action lines adopted by absolute majority at the last upcoming three years. A yearly plan of outlined in the strategic Board Meeting (hereafter referred to as work lines out the short-term goals and framework”. BM) of the working year. The adopted priorities thus operationalising the plan of work must be sent to members strategic framework. within 14 days of the end of the BM. Both the strategic framework and the plan of work will be presented by the Executive Committee (hereafter referred to as EC) and adopted by absolute majority at the Board Meeting (hereafter referred to as BM). The adopted strategic framework as well as the adopted plan of work must be sent to members within 14 days of the end of the BM. To promote the views of students the BM adopts the policies of ESU. Any passed policy is in place maximum for six ordinary BMs and can be discussed only once in every two BMs. All ESU elected representatives and institutions should follow the prioritisation given by the strategic framework and the plan of work and in representing or advocating for ESU, follow the policy of ESU.
    • ’NO Paragraph Original text Revised text Comment of SYL4 4 Membership In case of application for membership In case of application for membership the OK. issues the applicant shall submit the applicant shall submit the documents documents specified in paragraph 4 of specified in paragraph 4 of the Statutes 4.1 Applications the Statutes of ESU. The documents of ESU. The documents will be will be presented to the BM. The EC as presented to the BM. well as the SUDC can comment on the The EC as well as the coordinator for documents and the EC may direct any membership issues can comment on the other ESU structures or elected documents and the EC may direct any representatives to also do so.. other ESU structures or elected representatives to also do so.5 4 Membership No decision on such membership can be No decision on such membership can be OK. Issues taken without a study visit. A study taken without a study visit. Whenever a visit team will consist of study visit team is established, it will 4.3 Candidate representatives from at least two submit a written report to the BM, Membership and member NUSes and an EC and/or stating whether the union is eligible for Study Visits SUDC member. Whenever a study membership and/or which actions should visit team is established, it will submit be taken in the future. a written report to the BM, stating whether the union is eligible for membership and/or which actions should be taken in the future.6 4 Membership Once published to the Board, the EC as Once published to the Board, the OK. Issues well as the SUDC can comment on the coordinator for membership issues as study visit report and the EC may well as the EC can comment on the 4.3 Candidate direct any other ESU structures or study visit report and the EC may direct Membership and elected representatives to also do so. any other ESU structures or elected Study Visits representatives to also do so.7 4 Membership If an applying NUS does not receive If an applying NUS does not receive OK. Issues membership status the BM can decide membership status the BM can decide to to elect a member NUS which will then elect a member NUS which will then 4.4 Advisory function as advisory partner to the function as advisory partner to the Partner to a NUS rejected NUS in order to support the rejected NUS in order to support the development of the latter. The rejected development of the latter. The rejected NUS has to agree to the proposed NUS has to agree to the proposed advisory partner. The advisory partner advisory partner. The advisory partner NUS will report at every BM about its NUS together with the coordinator for work and the reforms of the applying memberhsip issues will report at every NUS, until the status of the respective BM about its work and the reforms of NUS changes. the applying NUS, until the status of the respective NUS changes. If an applying NUS does receive membership status the BM can decide If an applying NUS does receive to elect a member NUS which will then membership status the BM can decide to function as partner to the NUS to help elect a member NUS which will then the NUS to integrate in ESU and to function as partner to the NUS to help ensure a strong and stable the NUS to integrate in ESU and to communication between the new ensure a strong and stable member and ESU. The new member communication between the new needs to agree to the elected partner. member and ESU represented by the coordinator for membership issues. The new member needs to agree to the elected partner.
    • ’NO Paragraph Original text Revised text Comment of SYL8 4 Membership The EC or the Board can propose to re- The EC or the Board and in consultation OK. Issues assess the membership of a member of with the coordinator for membership ESU. Before proposing to the BM to issues can propose to re-assess the 4.6 Membership reassess a member the concerned membership of a member of ESU. Before Criteria and member must be given the chance to proposing to the BM to reassess a Review of comment on the proposal and the member the concerned member must be Membership reasons for the reassessment. If the BM given the chance to comment on the votes in favour of a review a study visit proposal and the reasons for the team will be established in which the reassessment. If the BM votes in favour NUS which is to be re-assessed cannot of a review, a study visit team will be be a member. The study visit team established in which the NUS which is reports latest at the BM after the next to be re-assessed cannot be a member. where then a decision can be taken. The study visit team reports latest at the BM after the next where then a decision can be taken.9 4 Membership Circulation of all documents as stated Circulation of all documents as stated in OK. Issues in the statutes of ESU to all ESU the statutes of ESU to all ESU members members shall be arranged by the ESU shall be arranged by the ESU secretariat 4.9 Applications secretariat not less than thirty (30) not less than thirty (30) days before the for the status of days before the BM. Applications shall BM. Applications shall be valid until the associate be valid until the BM has taken the BM has taken the vote on granting the organisations vote on granting the status of an status of an associate organisation to the associate organisation to the applicant. applicant. The organisation is granted the status The organisation is granted the status of of an associate organisation for an an associate organisation for an unlimited period of time. The EC shall unlimited period of time. The EC review the activities of the organisation together with the coordinator for on a regular basis. If the organisation membership issues shall monitor the ceases to fulfill the criteria laid down in activities of the organisation on a the preceding paragraph, the EC will regular basis. If the organisation ceases propose to the BM to revoke the status to fulfill the criteria laid down in the of the associate organisation. Any preceding paragraph, the EC in member, seconded by another can also consultation with the coordinator for propose to the BM to revoke the status membership issues will propose to the of an associate organisation. BM to revoke the status of the associate organisation. Any member, seconded by another can also propose to the BM to revoke the status of an associate organisation.10 4 Membership Members can be mandated by the EC to Members can be mandated by the EC or If Presidency can mandate Issues represent ESU in whatever capacity the Presidency to represent ESU in representation, then it seems EC should deem necessary. whatever capacity deemed necessary. redundant to also list EC as a 4.10 Additional institution that is able to give rights of members Members are eligible to chair working Members are eligible to chair working this mandate. (mandatory item) groups. groups.11 4 Membership Membership fees shall be paid in the Membership fees shall be paid in the OK. Issues beginning of the working year. The beginning of the working year. The membership fee will be based on a clear membership fee will be based on a clear 4.12 Membership calculation, as proposed by the EC in calculation, as proposed by the EC in Fees consultation with the Commission for consultation with the Commission for Internal Auditing (hereafter referred to Internal Auditing (hereafter referred to as the CIA) which will be approved by as the CIA) which will be approved by the BM by absolute majority. the BM and will be stipulated in the Financial Standing Orders.
    • ’NO Paragraph Original text Revised text Comment of SYL12 4 Membership Members of ESU can apply for a Members of ESU can apply for a OK. Issues voluntary Quality Enhancement Visit voluntary Quality Enhancement Visit conducted by ESU. When NUSes conducted by ESU. The quality 4.13 Quality apply with ESU for a voluntary enhancement visit team is selected by the Enhancement Quality Enhancement Visit, the SUDC EC in coordination with the coordinator Visits issues a call for a team to the student for membership issues. This team then union development experts’ pool. The conducts the visit and reports back to the team members are selected by the EC. NUS as well as to the EC. The costs for This team then conducts the visit and this need to be covered by the NUS that reports back to the NUS as well as to asks for the visit. the SUDC. The costs for this need to be covered by the NUS that asks for the visit.13 Working The institutions of ESU shall be: The elected institutions of ESU shall be: OK. structure • The Board Meeting ■ The Board Meeting 5 Institutions (hereafter referred to as the BM) (hereafter referred to as the BM) (mandatory item) • The Executive ■ The Executive Committee (hereafter referred to as the Committee (hereafter referred to as the EC) EC) • Secretariat ■ Presidency • Commission for ■ Coordinators Internal Auditing (Hereafter referred ■ Commission for to as the CIA) Internal Audit Additionally the following structures ■ Working groups are also to be considered ESU institutions • The Working Additionally the following appointed Groups (hereafter referred to as the structures are also to be considered ESU WGs). institutions • The Content Committees : ■ Secretariat The Academic Affairs Committee ■ Task forces The Social Affairs Committee ■ Expert Pools The Committee of Internal Development The Student Union Development Committee • Task Forces • Cross-committee Networks
    • ’NO Paragraph Original text Revised text Comment of SYL14 6 Minutes 6 Minutes 6 Reporting and minutes It seems unnecessary to actually vote on whether to All institutions of ESU must have All institutions of ESU are ultimately adopt the reports that are minutes of their meetings. These accountable to the Board Meeting or given by ESU institutions. minutes have to be made available to all with the exception of CIA and WGs to What does it mean if the BM members within 14 days of the the Executive Committee in the duration “rejects” the report? We meeting. The only exception are the between Board Meetings. All propose that reports are BM Minutes. BM’s minutes shall be institutions of ESU report regularly in adopted without voting. If sent to all members, associates and written on their activities to the Board the BM finds a report candidate members of ESU not later Meeting (with the exception of the insufficient, it can pass an than 30 days after the end of the BM. Secretariat) and if requested, to the internal motion to request a The WG chairs (for WGs meetings) Executive Committee. All reporting new report to and the EC are responsible for should be based on the 3-year Strategic publishing the minutes. The next Plan of ESU and Plan of Work and other Grammatically, it would be meeting of the institution concerned adopted strategies and should reflect the better to rephrase the should approve these minutes, by actual situation. sentence “All institutions of simple majority. The minutes of the ESU must have minutes of their Reports have to be CIA meetings are to be considered as meetings that clearly note the circulated like other documents relevant excluded from the requirement of decisions” for the BM. Each member of the making minutes available to members. Presidency as well as the EC must also -> “All institutions of ESU All minutes are kept at the disposal of present an individual report to the BM. must keep minutes of their the members by the ESU secretariat. All reports are voted upon by the BM meetings. The minutes should 7.8 Reports and are adopted with a simple majority clearly point out the decisions of votes cast. The Chairperson of ESU that have been taken.” The institutions of ESU, except the will present the general report of the Secretariat, will present to the BM the activities of ESU. written reports on their activities according to their plan of work. Reports Reports should be have to be circulated like other archived and made available to documents relevant for the BM. Each respective institutions and the Board to EC member must also present an be consulted at any given time. individual report to the BM. All When any person or organisation has reports are voted upon by the BM and represented ESU, they have to present a are adopted with a simple majority of written report to the EC, within 14 days votes cast. The Chairperson of ESU of the meeting having taken place. does not have to produce an individual Unless the information is considered report and will present the general EC confidential from the provider of that report. information, the EC shall provide these When any person or organisation has documents to the Board. represented ESU, they have to present . These minutes have to be made a written report to the EC, within 14 available to all members within 14 days days of the meeting taking place. of the meeting. The only exception are Unless the information is considered the BM Minutes. BM’s minutes shall be confidential from the provider of that sent to all members, associates and information, the Executive Committee candidate members of ESU not later (EC) shall provide these documents to than 30 days after the end of the BM. the Board The WG chairs (for WGs meetings) and the EC are responsible for publishing the minutes of their meetings. The next meeting of the institution concerned should approve these minutes, by simple majority. The minutes of the CIA meetings are to be considered as excluded from the requirement of making minutes available to members. All minutes are kept at the disposal of the members by the ESU secretariat.
    • ’NO Paragraph Original text Revised text Comment of SYL15 7 Board Meeting 7.2 Voting at the BM (mandatory item) 7.2 Voting at the BM (mandatory item) OK. 7.2 Voting at the (34) The BM shall The BM shall endeavour to reach the BM (mandatory endeavour to reach the widest possible widest possible measure of agreement. item) measure of agreement. Decisions shall Decisions shall be taken by an absolute be taken by an absolute majority unless majority unless otherwise specified or otherwise specified or except: except: • The adoption of ● The adoption of any policy or internal/external motion policy or internal motions and (2/3 majority) resolutions (2/3 majority) • Amendment of the ● Amendment of the Statutes or mandatory item on the Statutes or mandatory item on the standing orders (3/4 majority) standing orders (3/4 majority) • Amendment of the ● Amendment of the auxiliary items on the Standing Orders auxiliary items on the Standing Orders (2/3 majority) (2/3 majority) • Changes in ● Changes in membership status (3/4 majority) membership status (3/4 majority) • Granting or ● Granting or revoking the status of an associate revoking the status of an associate organisation (3/4 majority) organisation (3/4 majority) • Approve the ● Approve the financial report and balance with (2/3 financial report and balance with (2/3 majority) majority) • Dismiss EC ● Dismiss EC members, the EC, committee members members, the EC, Presidency, or entire committees by vote of no Coordinators, CIA members, the CIA by confidence with (2/3 majority) vote of no confidence with (2/3 majority)16 7 Board Meeting The BM shall be convened by the EC The BM shall be convened by the EC OK. and organised by a member, as and organised by a member, as approved 7.3 Organisation approved by the BM, in association by the BM, in association with the ESU with the ESU secretariat. Unless secretariat. The Presidency must otherwise specified all documents to be approve applications to host a BM based voted upon will be circulated 30 days on financial feasibility before they are before the BM to all members, subject to a decision by the BM. associates and candidate members. If Unless otherwise specified all documents the documents are not circulated to be voted upon will be circulated 30 accordingly, the documents being late days before the BM to all members, are not to be dealt with or voted upon. associates and candidate members. If the documents are not circulated accordingly, the documents being late are not to be dealt with or voted upon.
    • ’NO Paragraph Original text Revised text Comment of SYL17 7 Board Meeting The BM can decide to have a closed The BM can decide to have a closed The proposed amendment meeting or to have closed sessions meeting or to have closed sessions has nothing to do with the 7.4 Closed during the meeting. This is done by during the meeting. This is done by organizational reform. Meeting proposing a procedural motion. proposing a procedural motion. Closed meetings are only open to full Closed meetings are only open to full members and student representatives members and student representatives who are part of an institution of ESU, who are part of an institution of ESU, either as a person or as a either as a person or as a representative. representative. The EC may decide to During the closed sessions, the Board allow the presence of any members of may decide to allow the presence of any the secretariat and the CIA during guests. said closed sessions.18 7 Board Meeting Transfer of mandate may also be Transfer of mandate may also be applied The proposed amendment applied during sessions of a Board during sessions of a Board Meeting, has nothing to do with the 7.6 Mandates Meeting, where a member NUS where a member NUS provides the organizational reform. provides the Chair of the BM with a Chair of the BM with a written written statement of consent giving a statement of consent. A member can reason acceptable to the chair. A carry the mandate of one other member, member can carry the mandate of one and at no time may any one member other member, and at no time may any organisation ever have more than four one member organisation ever have (4) votes at any one time. more than four (4) votes at any one time.19 7 Board Meeting Every speaker has the right to have Every speaker has the right to have three OK. three minutes to present his or her minutes to present his or her views 7.9 Speakers views without interruption. The without interruption. The speaking time speaking time can be altered by a can be altered by a procedural motion. procedural motion. This time limit This time limit should not apply to should not apply to representatives presenters of any report. presenting any report.20 7 Board Meeting Motions and amendments may be put Motions and amendments may be put OK. forward in writing at any time during forward in writing at any time during 7.11 Motions and the BM until the deadline as directed the BM until the deadline as directed by amendments by the Chair of the BM. During the the Chair of the BM. During the BM, BM, where motions do not relate to the where motions do not relate to the items items on the agenda, the BM should on the agenda, the BM should vote on vote on whether or not to accept those whether or not to accept those motions motions onto the agenda. These are onto the agenda. These are accepted to accepted to the agenda with a simple the agenda with a 2/3 majority. majority.
    • ’NO Paragraph Original text Revised text Comment of SYL21 7 Board Meeting All motions put forward by members All motions put forward by members OK, although the fourth shall have a proposer and at least one shall have a proposer and at least one paragraph might be better 7.13 Procedure to seconder. seconder. formulated as: motion Candidate and associate members may Candidate and associate organisations “All other ESU institutions put forward any motion but these must may put forward any motion but these with the exception of the be seconded by a full member or the must be seconded by a full member or Secretariat may put forward EC. the EC. motions within their area of work without a seconder.” The EC may put forward motions on The EC may put forward motions on any point without a seconder. any point without a seconder. -> “ESU institutions, with the exception of the Secretariat, may All Content Committees and Cross- All other ESU institutions with the put forward motions within Committee Networks may put forward exception of the Secretariat may put their area of work without a motions within their area of work forward motions within their area of seconder.” without a seconder. The Chair of the work without a seconder. The Chair of meeting decides if a given motion falls the meeting decides if a given motion within the Content Committees’ area of falls within the area of work. Any work. . Any motions that are deemed to motions that are deemed to be out of the be out of the area of work would require area of work would require a seconder, a seconder which is either the EC or a which is either the EC or a full member. full member. The Chairs decision may The Chairs decision may be overturned be overturned in accordance with these in accordance with these standing standing orders. orders. After moving a motion, the proposer or After moving a motion, the proposer or one of the seconders if the proposer one of the seconders if the proposer chooses not to speak, shall have the chooses not to speak, shall have the right right to speak, for a maximum of three to speak, for a maximum of three minutes, in order to motivate the minutes, in order to motivate the motion. The motion shall then be motion. The motion shall then be opened opened to discussion and amendments; to discussion and amendments; the the proposer may exercise a right of proposer may exercise a right of reply reply immediately before the vote is immediately before the vote is taken. taken.22 7 Board Meeting When a change is proposed to an When a change is proposed to an OK. amendment or a motion which isn’t amendment or a motion, which isn’t 7.14 Plan of Work, Budget or a Policy Three-year strategic framework, Plan of Amendments document, only the proposer of the Work, Budget or a Policy document, amendment has the right to include it only the proposer of the amendment has or change the amendment or motion. If the right to include it or change the the proposer refuses a change, the amendment or motion. If the proposer amendment will be put to vote as it refuses a change, the amendment will be stands. Proposers have the right to put to vote as it stands. Proposers have withdraw motions at any time before the right to withdraw motions at any the vote of adoption. time before the vote of adoption.
    • ’NO Paragraph Original text Revised text Comment of SYL23 8 ESU Elected • ESU Elected ● ESU Elected We feel that it is indeed Representatives Representatives Representatives necessary to limit elected representatives’ right to simultaneously hold Any person nominated for an elected Any person nominated for an elected positions in ESU and position within ESU structures, as position within ESU structures, as member organizations. in detailed below, must be a student at the detailed below, must be a student at the order to secure a certain level time their mandate as an ESU elected time their mandate as an ESU elected of impartiality. However, it representative begins. Candidates for representative begins. Candidates for the is not within ESU’s power to the Commission for Internal Audit Commission for Internal Audit need not decide whether a person can need not be students. be students. be elected to a position in another independent There is no limit on the amount of There is no limit on the amount of terms organization. terms an ESU elected representative an ESU elected representative may may serve, with the exception of the serve, with the exception of the We propose that the last Chairperson who may only serve a Chairperson who may only serve a sentence be altered from: maximum of 2 consecutive terms in the maximum of 2 consecutive terms in the “Elected members of the ESU post of chairperson. post of chairperson. Presidency cannot be elected to No elected member of ESU can also act No elected member of ESU can also act any decision-making body of a as a representative of any member as a representative of any member union full or candidate member.” union or other association or or other association or organisation -> “Elected members of the ESU organisation during any ESU event, during any ESU event, whether Executive Committee cannot whether organised in whole or organised in whole or supported by hold positions in any decision- supported by ESU, or when attending ESU, or when attending any ESU making bodies of a full or any ESU internal event or while on internal event or while on external candidate member. If an external representation when mandated representation when mandated to do so. Executive Committee member to do so. Elected members of the ESU Presidency has a position in such body, they cannot be elected to any decision-making are considered resigned from the body of a full or candidate member. Executive Committee.”24 8 Executive The EC consists of five to seven people The EC consists of eight to ten people OK. Committee elected by the Board Meeting. This elected by the Board Meeting. This number includes the Chairperson and number includes the Presidency 8.1 Composition Vice-Chairperson. The number of composed of a Chairperson and two of the EC people in the EC is decided by a motion Vice-Chairpersons. The number of (mandatory item) to be treated before the EC elections people in the EC is decided by a motion and supported by an absolute majority to be treated before the EC elections and and this decision will stay in force supported by an absolute majority and unless decided otherwise. this decision will stay in force unless decided otherwise. The term of mandate of all the members of the EC is for one (1) year and starts The term of mandate of all the members on the first of (1) July and ends on the of the EC is for one (1) year and starts thirtieth (30) of June. The period on the first of (1) July and ends on the between the elections and the first (1) of thirtieth (30) of June. The period July is to be considered one of between the elections and the first (1) of transition between the present EC and July is to be considered one of transition the elected members. between the present EC and the elected members. The EC and the Presidency should represent the diversity of ESU and their members. Therefore the Board should strive for a representative EC in terms of region and opinion.
    • ’NO Paragraph Original text Revised text Comment of SYL25 8 Executive 8.4 Competencies of the EC 8.2 Competencies of the EC Coordinators should be Committee elected at a BM in the same Further to what is defined in the Further to what is defined in the manner as the Chairperson. 8.4 Competencies Statutes, the EC shall: Statutes, the EC shall: of the EC • Coordinate the ● Draw up the agenda WGs; for the Board Meeting and decide on proposed decisions for BM approval • Implement the decisions of the BM; ● Implement the decisions of the BM • Coordinate the rest of ESU’s elected representatives and ● Be responsible for content committees; external representation and advocating for ESU policy • Ensure that the chairs of relevant WGs are informed ● Define the political about the decisions of the EC of strategy of ESU; relevance to the work of those WGs; ● Take policy related • Draw up the decisions within the remit of the policy agenda for the BMs in cooperation with decided by the BM the Secretariat, other ESU content ● Propose committees and the relevant WGs; coordinators to the BM, appoint task • Define the political forces and the Secretariat; strategy of ESU; ● Establish, and if • Draw up a necessary implement, a procedure for portfolio of competencies for all ESU setting up steering committees of any elected representatives and these shall expert pools be in line with the ESU plan of Work; ● Ensure that all ESU • Keep all members, institutions and bodies are informed candidate members and associates about the decisions of the EC of regularly informed of the activities of relevance to the work of those the organisation in between BMs; institutions; and serve as the contact point for coordinators as well as the • Be responsible for steering committees of the expert pools. overall finances and financial wellbeing and development of the organization. ● Draw up a portfolio of competencies for all ESU institutions and elected representatives being in line with the ESU plan of Work and the three-year strategic framework; ● Keep all members, candidate members and associates regularly informed of the activities of the organisation in between BMs; ● Be responsible for overall financial wellbeing and development of the organisation. The EC may delegate competencies and responsibilities to the Presidency who must report to the EC at every meeting. The EC may not delegate issues concerning setting the political strategy and appointing task forces and steering committees of expert pools.26 8 Executive 8.5 Votes in the Executive 8.3 Votes in the Executive We applaud the goal of making EC a well-
    • ’NO Paragraph Original text Revised text Comment of SYL Committee Every member in the Executive has one Every member in the Executive has one functioning and efficient vote during EC meetings. The EC vote during EC meetings. The EC decision-making body that 8.5 Votes in the meetings are chaired by the ESU meetings are prepared by the Presidency has the power to set its own Executive Chairperson and minutes are to be and chaired by the ESU Chairperson. working procedures. taken and disseminated by the Vice- Minutes are to be taken and However, it is generally a Chairperson. disseminated by the Presidency. good idea to define some very fundamental working During the transition period the newly During the transition period the newly principles outside the elected members do not have the right elected members do not have the right to working procedures that the to vote during EC meetings. vote during EC meetings. EC makes for itself. Such Without prejudice to the preceding Without prejudice to the preceding things are the voting Article, every elected EC member has Article, every elected EC member has the procedure and procedure for the right to attend EC meetings and be right to attend EC meetings and be kept postponing a decision. kept informed by the present EC informed by the present EC during the Regarding voting, we during the period of transition. period of transition. propose an addition to clarify what happens in an event of tie and how to use secret ballot. Addition would be made after “Every member in the Executive has one vote during EC meetings.” Addition: “When voting, decisions are taken by a simple majority vote. In case of a tie, the acting Chairperson’s vote is decisive. Secret ballot is used whenever at least two members of the EC request it as well as in the case of an election.” The second issue is related to postponing a decision. In order to safeguard rights of all EC members to take enough time to decide on an issue, there should be a procedure for making a motion to table a decision. One might be set up with a following addition: “If a motion to table a topic is made, the motion has to be resolved immediately without further discussion. The first time that topic is in an EC meeting, the motion to table succeeds if two or more members of the EC support it. In further meetings a simple majority is required. The tabled topic has to be taken on the agenda of the next EC meeting.” We also feel that the Vice- Chairpersons should be able to chair the meetings when Chairperson is not available. We trust in your ability to formulate the change if you
    • ’NO Paragraph Original text Revised text Comment of SYL find it appropriate.27 8 Executive 8.6 The Executive Meeting 8.4 Working methods of the the The Vice-Chairpersons Committee Executive Committee should also be able to call EC EC meetings are called by the meetings. 8.6 The Executive Chairperson who also sets the agenda, 8.4.1 General working procedures of the Meeting on advice of the rest of the EC. Every Executive Committee We propose that “EC EC member can ask the Chairperson to meetings are called by the The EC adopts rules call an executive meeting, in writing Chairperson who also sets the of procedure of its own work and makes who must do so within five (5) days of agenda” them public towards ESU’ s members. receiving the request. is changed to These rules should include procedure of The EC has the right to self-regulate decision-making, of meetings and every “EC meetings are called by a the procedure of their meetings. To this day work. These rules of procedure can member of the Presidency who end the EC will issue a document be adopted and changed by the also sets the agenda” outlining the working methods for such agreement of the EC by two-thirds meetings. This document must be majority. disseminated to the different ESU representatives and can be changed by No part of these procedures or any other agreement of the EC as detailed in the similar working document can go paragraph below. Any subsequent against ESUs Statutes or Standing changes must also be circulated to ESU orders. In case of conflict the statutes representatives. and standing orders are to be considered supreme. No part of said working methods document, or any other working EC members divide the different areas of document, can go against ESU’s work and content responsibilities statutes or Standing orders. In case of between themselves and make these conflict the statutes and standing divisions transparent to the members. orders are to be considered supreme. The EC will meet at least once a month 8.4.2 Meetings of the Executive The working method document is only Committee valid if it is ratified by two-thirds (2/3) of the EC. Any amendment to such EC meetings are called by the document needs to be ratified by the Chairperson who also sets the agenda, on same amount of votes. advice of the Presidency and the rest of the EC. Every EC member can ask the The EC meetings are to be open only to Chairperson to call an executive meeting ESU EC members. The Chairperson in writing, who must do so within five may invite anyone else to the meeting (5) days of receiving the request. The EC to act as an observer or to talk about a will meet at least once a month specific point or points on the Agenda. The EC meetings are to be open only to ESU EC members. The Chairperson may invite anyone else to the meeting to act as an observer or to talk about a specific point or points on the Agenda.
    • ’NO Paragraph Original text Revised text Comment of SYL28 8 Executive 8.5 Competencies of the Presidency OK. Committee The Presidency consists of the Chairperson and two Vice-Chairpersons. The Presidency is the operational decision-making body within the organisation and is responsible for day- to-day coordination and management of the organisation and steering of its institutions. The Presidency is responsible for the preparation of the EC meetings and must report on its activities to the EC at every meeting. The Presidency is responsible for monitoring and coordinating the work of the EC, the Secretariat, the coordinators and task forces. The members of the Presidency are fully located at the ESU headquarters and remunerated equally in accordance to the law. Among other competencies, the Presidency should: Coordinate the administration and management of ESU Coordinate the reporting to the Board Meeting Coordinate the external representation of ESU
    • ’NO Paragraph Original text Revised text Comment of SYL29 8 Executive 8.2 Competencies of the Chairperson 8.6 Competencies of the Chairperson “ex officio”. Otherwise OK. Committee The chairperson is the chair of ESU. The chairperson is the chair of ESU. 8.2 Competencies S/he is the principal representative of S/he is the principal representative of of the ESU and represents the total of the ESU and represents the total of the other Chairperson other institutions of the organisation institutions of the organisation and and must act accordingly during the must act accordingly during the entire entire term of their mandate. term of their mandate. The Chairperson is a member ex ufficio The Chairperson is a member ex ufficio of every structure or institution within of every structure or institution within ESU, except the CIA. S/he is also the ESU, except the CIA. S/he is also the chair of all EC meetings and has one chair of all EC meetings and has one vote within this institution. vote within this institution. The Chairperson is responsible for the The Chairperson is responsible for the overall coordination and carries out the overall coordination and carries out the financial administration of the financial administration of the organization in cooperation with the organization in cooperation with the Vice-Chairperson. Presidency. Among other competencies and duties Among other competencies and duties the Chairperson should: the Chairperson should: • Assure that the ● Assure that the whole political priorities of ESU are whole political priorities of ESU are coherent and keep to the principle of coherent and keep to the principle of continuity as a basis for these continuity as a basis for these considerations: considerations. • Keeps contact with ● Keep contact with all the institutions of ESU and keeps all the institutions of ESU and keep them updated of the developments in all them updated of the developments in all spheres of activities of ESU. spheres of activities of ESU. • Call EC meetings ● Call EC meetings and together with the EC, develop an and together with the Presidency and the agenda. EC, develop an agenda. • Be the primary ● Be the primary coordinator for all political activities in coordinator for all political activities in cooperation with the rest of the EC. cooperation with the rest of the EC and the Presidency.
    • ’NO Paragraph Original text Revised text Comment of SYL30 8 Executive 8.3 Competencies of the Vice- 8.7 Competencies of the Vice- Add “Call EC meetings and Committee Chairperson Chairperson responsible for together with the Presidency organisational affairs and the EC, develop an agenda” 8.3 Competencies The vice-chairperson is elected directly of the Vice- by the members of ESU and is the The Vice-Chairperson responsible for Chairperson primary responsible for the organisational affairs (hereafter referred organizational aspects, finances and to as VCO) is elected directly by the administration of ESU together with members of ESU and is the primary the rest of the EC responsible for organisational aspects, finances and administration of ESU She is a member of the EC and has together as discussed and agreed upon one vote within the committee. by the Executive Committee. Among other competencies and duties Among other competencies and duties the Vice-Chairperson should: the VCO should: • Together with the ● Together with the Chairperson and EC coordinate the Chairperson and EC coordinate the administration of ESU; administration of ESU; • Coordinate ● Coordinate communication and relations with communication and relations with ESU ESU associate members; associate members; • Coordinate the ● Coordinate the relations and communication between relations and communication between the different ESU structures; the different ESU structures; • Coordinate, ● Coordinate, together together with the EC, correspondence with the EC, correspondence with ESU with ESU members; members; • Ensure that all ● Ensure that all institutions of ESU are kept up-to-date institutions of ESU are kept up-to-date with the developments of the with the developments of the organisation; organisation; • Together with the ● Disseminate the EC, set the agenda and call meetings of minutes of the EC meetings to the ESU all ESU elected representatives (so- members and other ESU elected called hacks meetings); representatives; • Disseminate the ● Coordinate the minutes of the EC meetings to the ESU reporting to ESU members; members and other ESU elected representatives; ● Together with the EC and other relevant ESU structures, • Coordinate the be responsible for the internal reporting to ESU members; development of the organisation; • Together with the ● Carries out the day- EC and other relevant ESU structures, to-day financial administration of the be responsible for the internal organisation within the Executive development of the organisation; Committee, in cooperation with the • Carries out the Chairperson and the Secretariat. This is day-to-day financial administration of without prejudice to the competencies of the organisation within the Executive the CIA as outlined in these Standing Committee, in cooperation with the Orders. Chairperson, the Secretariat as mandated by the Executive Committee, and the Committee of Internal Development. This is without prejudice to the competencies of the CIA as outlines in these Standing Orders.
    • ’NO Paragraph Original text Revised text Comment of SYL31 8 Executive 8.8 Competencies of the Vice- Add “Call EC meetings and Committee Chairperson responsible for policy together with the Presidency coordination and the EC, develop an agenda” The Vice-Chairperson responsible for policy coordination (hereafter referred to as VCP) is elected directly by the members of ESU and is the primary responsible for the organisation’s lobbying work and coordination of policy making together as discussed and agreed upon by the Executive Committee. Among other competencies and duties the VCP should: ● Together with the Chairperson and the EC, work in promoting the political principles of the organization ● Implement the political strategies of the organisation ● Together with the Chairperson and the Secretariat, coordinate external communication and relations with the media; ● Ensure that all institutions of ESU are kept up-to-date with the policy developments within the organisation;
    • ’NO Paragraph Original text Revised text Comment of SYL33 8 Executive 8.8 Nominations 8.10 Nominations OK. Committee Nominations for Chairperson, Vice- Nominations for Chairperson, Vice- 8.8 Nominations Chairperson or EC must be submitted Chairpersons or EC must be submitted in writing to the ESU secretariat and in writing to the ESU secretariat and copied to the members of the EC not copied to the members of the EC not less less than thirty (30) days in advance of than thirty (30) days in advance of a a BM. The ESU Secretariat shall BM. The ESU Secretariat shall distribute all the information relating distribute all the information relating to to the nominations of candidates to all the nominations of candidates to all members within ten days of receiving members within ten days of receiving the nominations. the nominations. A nomination shall consist of a A nomination shall consist of a mandate mandate from a full ESU member, a from a full ESU member, a copy of the copy of the nominated person’s CV and nominated person’s CV and a letter of a letter of motivation from said motivation from said nominated person. nominated person. When there are not enough candidates When there are not enough candidates before the nomination deadline the or gender balance cannot be achieved returning officer will re-open the call for before the nomination deadline the nominations. This call will be re-opened returning officer will re-open the call for 15 days, during which time no for nominations. This call will be re- names, letter of motivation, CV or opened for 15 days, during which time nomination of candidates that submitted no names, letter of motivation, CV or applications before the initial deadline nomination of candidates that will be released. If after this 15 days submitted applications before the initial deadline there are still not enough deadline will be released. If after this 15 candidates to fill the position(s) then the days deadline there are still not enough nominations will be re-opened till the candidates to fill the committee or start of the Board Meeting. The names, gender requirement then the CVs and letters of nomination and nominations will be re-opened till the motivation of all candidates will be start of the Board Meeting. The names, notified only after this 15 day deadline. CVs and letters of nomination and motivation of all candidates will be notified only after this 15 day deadline.
    • ’NO Paragraph Original text Revised text Comment of SYL34 8 Executive 8.9 Election procedure for the 8.10 Election procedure for the OK. Committee chairperson Chairperson and Vice-Chairpersons 8.9 Election The Election of Chairperson shall take The Election of Chairperson shall take procedure for place before the election of the Vice- place before the election of the Vice- Chairperson Chairperson and the EC. Before the Chairpersons and the EC. Before the election each candidate shall be afforded election each candidate shall be afforded the opportunity to make a presentation the opportunity to make a presentation while other candidates for the position while other candidates for the position have been escorted out of the room, not have been escorted out of the room, not lasting more than 5 minutes and be lasting more than 5 minutes and be questioned by the Chair of the BM who questioned by the Chair of the BM who has the right to choose at least 3 has the right to choose at least 3 questions submitted in writing by the questions submitted in writing by the Board before the deadline set by the Board before the deadline set by the Chair of the BM. Questions will be Chair of the BM. Questions will be addressed to all candidates in an equal addressed to all candidates in an equal manner directly following the manner directly following the presentations. presentations. The election for Chairperson shall take The elections for Chairperson and Vice- place using the Alternative Vote Chairpersons shall take place separately System (AV). Where there is one using the Alternative Vote System (AV). candidate, that candidate shall stand Where there is one candidate, that against Re-open Nominations (RON) candidate shall stand against Re-open in an AV election. Where there is more Nominations (RON) in an AV election. than one candidate, those candidates Where there is more than one candidate, will contest an AV election with RON those candidates will contest an AV as an additional candidate. The first election with RON as an additional candidate to exceed 50% of votes in candidate. The first candidate to exceed successive stages of transfer will be 50% of votes in successive stages of deemed designated. transfer will be deemed designated. (108) In the event of In the event of RON being elected, RON being elected, nominations shall nominations shall re-open immediately re-open immediately for a period of five for a period of five working hours. If, working hours. If, after this period, no after this period, no further nominations further nominations have been have been received, the candidate with received, the candidate with the highest the highest number of votes after RON number of votes after RON shall be shall be deemed designated. Otherwise, a deemed designated. Otherwise, a new new AV election is conducted. AV election is conducted. All candidates may attend the count or All candidates may attend the count or send a nominated representative to send a nominated representative to observe. observe.35 8.10 Election procedure for the Vice- OK. Chairperson (110) The Election of the Vice-Chairperson shall take place before the election of the EC and will follow the procedure of the election of the Chairperson.
    • ’NO Paragraph Original text Revised text Comment of SYL36 8 Executive Elections are carried out separately for Elections are carried out separately in OK. Committee both gender in the committee by a the committee by a preferential voting preferential voting system as outlined system as outlined in the annexes to 8.11 Election in the annexes to these standing orders, these standing orders. Before the election Procedure for without gender balance (Annex 2). each candidate shall be afforded the other members of Before the election each candidate shall opportunity to make a presentation the Executive be afforded the opportunity to make a while other candidates for the committee Committee presentation while other candidates for have been escorted out of the room, not the committee have been escorted out of lasting more than 5 minutes and be the room, not lasting more than 5 questioned by the Chair of the BM who minutes and be questioned by the Chair has the right to choose at least 3 of the BM who has the right to choose questions submitted in writing by the at least 3 questions submitted in Board before the deadline set by the writing by the Board before the Chair of the BM. Questions will be deadline set by the Chair of the BM. addressed to all candidates in an equal Questions will be addressed to all manner directly following the candidates in an equal manner directly presentations. following the presentations. The following restrictions shall be The following restrictions shall be observed: observed: ■ No member of ESU No member of ESU has the right to has the right to nominate more than one have more than one person sitting in person to the Executive Committee, the EC. There will be an equal gender including the Chairperson and Vice- balance of female and male persons Chairpersons. sitting in all content committees and the EC (excluding the Chair), but including the Vice-Chairperson.37 8 Executive Until discharged by the BM all Until discharged by the BM all members Since “simultaneously” is a Committee members of the EC shall be fully of the EC shall be fully accountable to rather ambiguous adjective accountable to the BM for their actions. the BM for their actions. in this context, we suggest 8.12 Resignation Only the BM can grant resignation to that you consider the length of a member of Only the BM can grant resignation to a a member of the EC. In case of of the original mandate as a the EC member of the EC. In case of resignation resignation or disposition of one or defining timeframe. If more of an EC member, more than thirty (30) several EC members, the BM decides than one-third of EC changes days before the start of a BM, the how to proceed. during the mandate, it Executive Committee can open the call certainly is a crisis. and select a new EC member. This selection has to be ratified by simple majority by the following Board meeting. If the resignation of an EC member falls within thirty (30) days of the start of the BM, a call must be issued and an election takes place at the BM. In case of resignation of more than one third of EC simultaneously the Board Meeting decides on how to proceed.
    • ’NO Paragraph Original text Revised text Comment of SYL38 8 Executive The EC and the members of the EC The BM will first discuss the general OK. Committee should send their written reports, and report of the whole Executive ESU’s plan of work, thirty (30) days Committee, and after that the personal 8.13 Report of the prior to the BM. The BM will first reports of individual members of the EC. EC discuss the general report of the whole All reports, both general and personal Executive Committee, and after that have to be approved by the BM by a the personal reports of individual simple majority. In between BMs the EC members of the EC. All reports, both should on a regular basis inform the general and personal have to be candidates, associates and members of approved by the BM by a simple their activities. majority. In between BMs the EC should on a regular basis inform the candidates, associates and members of their activities.39 8 Executive In case no Chairperson is elected, the In case no Chairperson is elected, the OK. Committee current Chairperson can by a simple current Chairperson can by a simple majority vote, continue until the next majority vote, continue until the next 8.14 Non- Board Meeting. If the current Board Meeting. If the current Election of EC Chairperson does not wish to continue, Chairperson does not wish to continue, and Chairperson the current Vice-Chairperson can by a one of the current Vice-Chairpersons can or Vice- simple majority vote continue as by a simple majority vote continue as Chairperson of Chairperson until the next board Chairperson until the next Board ESU meeting.”If no Vice-Chairperson of Meeting. If one or both Vice- ESU is elected and the Chairperson Chairperson(s) of ESU are not elected and the member(s) of the EC are and the Chairperson and the member(s) elected, the EC will decide which of the EC are elected, the EC will decide member of the EC shall be deemed as which member(s) of the EC shall be the Vice-Chairperson. This decision deemed as the Vice-Chairperson(s). This must be ratified by the Board by decision must be ratified by the Board by absolute majority at the subsequent absolute majority at the subsequent Board Meeting Board Meeting. If one or more positions under five If one or more positions under five people in the EC (except for the people in the EC (except for the Chairperson and Vice-Chairperson) Chairperson and Vice-Chairperson) remain unfilled by the closing of the remain unfilled by the closing of the Board Meeting, the EC shall select Board Meeting, the EC shall issue a call person(s) from among the elected to select person(s) to form part of the EC representatives, or if it is not possible, within two months of the end of the BM. issue a call to select person(s) to form This decision must be ratified by part of the EC within two months of absolute majority at the subsequent the end of the BM. This decision must Board Meeting be ratified by absolute majority at the In case the EC has more than eight subsequent Board Meeting members and one or more positions over In case the EC has more than five the eight is left unfilled, the EC will be members and one or more positions considered to be complete in the size it over the five is left unfilled, the EC will has been elected until the next ordinary be considered to be complete in the size Board Meeting. it has been elected until the next ordinary Board Meeting.
    • ’NO Paragraph Original text Revised text Comment of SYL40 8 Executive In the case of the Chairperson In the case of the Chairperson resigning We find it problematic that Committee resigning or becoming absent from or becoming absent from duties due to there is no clarification which duties due to an extraordinary reason an extraordinary reason that prohibits one of the Vice-Chairpersons 8.15 Substitution that prohibits acting or fulfilling the acting or fulfilling the duties of the takes the role of the acting of absent EC duties of the Chairperson, the Vice- Chairperson, the Vice-Chairperson(s) Chairperson, while it members Chairperson shall be deemed as the shall take over the role as acting certainly would be acting Chairperson until the return of Chairperson(s) until the return of the reasonable to have one the Chairperson or an election of a new Chairperson or an election of a new designated Chairpersons. We Chairperson. Chairperson. propose that either it should be defined in the Standing In the case of Vice-Chairperson In the case one of the Vice-Chairpersons Orders which Vice- resigning or becoming absent from resigns or becomes absent from duties Chairperson takes over the duties for an extraordinary reason that for an extraordinary reason that duties of acting Chairperson prohibits acting or fulfilling the duties prohibits acting or fulfilling the duties of or that the EC should decide of the Vice-Chairperson, the EC will the Vice-Chairperson, the EC will decide which Vice-Chairperson decide which member of the EC shall be which member of the EC shall be deemed should replace the deemed as the acting Vice-Chairperson as the acting Vice-Chairperson until the incapacitated Chairperson. until the return of the Vice- return of the Vice-Chairperson or an Chairperson or an election of a new election of a new Vice-Chairperson. Vice-Chairperson. In the case of an EC member other than In the case of an EC member other than the Chairperson or one of the Vice- the Chairperson or Vice-Chairperson Chairpersons resigning or becoming resigning or becoming absent from absent from duties due to an duties due to an extraordinary reason extraordinary reason that prohibits that prohibits acting or fulfilling the acting or fulfilling the duties of the duties of the respective EC member, the respective EC member, the EC shall EC shall decide which members of the decide which members of the EC will EC will take over the responsibilities of take over the responsibilities of the the absent member. absent member.41 9 Coordinators We think that the coordinators should be 9.1 Competencies of elected in the same manner the Coordinators as members of the The role of the Coordinators is that of Presidency and that their being responsible for issues that are of mandate should be one year. priority to ESU on a constant basis. These regulations should be changed in case it becomes The mandate of a coordinator shall be possible to hire coordinators defined by the call issued by the as employees. Executive Committee, but shall not be longer than 2 years. There is no restriction to the number of consecutive mandates for a coordinator. The Coordinator for Human Rights and solidarity shall: ■ Answer to calls for solidarity of member and non-member organisations ■ Works on the promotion of the Students’ Rights Charter & prepares ESU’s actions for the international students’ day ■ Develop policy and
    • ’NO Paragraph Original text Revised text Comment of SYL represent ESU in other topics pertaining to the field of Human Rights The Coordinator for Equity shall: ● Implement the Gender Mainstreaming Strategy ● Oversee implementation of equity measures in all of ESU’s work and activities ● Develop policy and content on issues of equity and equality in and outside ESU ● Attend and organize trainings in the field of Equity ● Represent ESU in external events discussing fields relating to equity The Coordinator for Membership Issues shall: ● Handle the requests concerning the ESU membership ● Coordinate, and where applicable partake in, study visits ● Give training on the pillars of the student movement and coordinate other trainings for NUSes ● Elaborate information tools with best practices for the members to facilitate capacity building in the NUSes and local unions.42 9.2 Election of Coordinators We think that the coordinators should be Coordinators are proposed to the Board elected in the same manner Meeting by the Executive Committee. as members of the The Executive Committee establishes a Presidency and that their procedure that will seek to find the most mandate should be one year. competent candidates in an open These regulations should be decision-making procedure. The EC changed in case it becomes must submit a proposal that includes the possible to hire coordinators CV and motivation letter of the nominee as employees. thirty (30) days before the BM. The Board Meeting decides by a simple majority vote, if the proposed coordinator is elected or rejected. The Board Meeting may not propose a candidate itself.
    • ’NO Paragraph Original text Revised text Comment of SYL43 9.3 Resignation of Coordinator There is a contradiction regarding accountability to Coordinators can be discharged only by the BM and the fact that in the support of 2/3 majority of the BM. the proposed amendments Until discharged by the BM, all the coordinators would be coordinators shall be fully accountable to practically appointed by the the BM for their actions. Only the BM EC. See two previous can grant resignation to a Coordinator. comments. In case of a resignation of a coordinator more than 30 days before the BM, the EC can decide to select an interim coordinator until proposing a new coordinator to the BM.44 9.4 Report of Coordinators OK. Coordinators must present a written report of their activities to the BM and in between Board Meetings to the Executive Committee at least once a month, which has the right of scrutiny and oversight regards to fulfillment of the plan of work. These reports will also be made available to the Board and other ESU institutions for information purposes.
    • ’NO Paragraph Original text Revised text Comment of SYL45 9 Working 9 Working Groups 10. Working Groups The method of forming a Groups Working Group should be 9.1 Competencies of the WGs 10.1 Competencies of the WGs clarified. 9.1 Competencies (mandatory item) (mandatory item) of the WGs The WGs shall deal with specific areas The WGs shall deal with specific areas of (mandatory item) of work relevant to the work of ESU or work relevant to the work of ESU or in 9.2 Election of in the interests of its members. the interests of its members. These chair(s) of WGs working areas should be out of the scope The WGs shall: from the main tasks of the Executive • Prepare policies Committee as decided by the ESU Plan and propose these to the BM in of Work. cooperation with other ESU elected The WGs shall: representatives ● Prepare policies and • Make suggestions propose these to the BM in cooperation to the Board within their report on how with the Executive Committee and to continue the ESU work on the Coordinators respective field. ● Make suggestions to • Endeavour to the Board within their report on how to collect information in their fields and continue the work of ESU in the circulate it respective field. • Be given preference ● Endeavour to collect with the external representation of information in their fields and circulate ESU to any external events concerning it their fields unless it overlaps with that of a content committee in which case ● Be given preference the latter is preferred. with the external representation of ESU to any external events concerning their The chair of the WG shall ensure that fields unless it overlaps with that of an the EC, members of the WG and the elected representative in which case the Secretariat are informed of ongoing latter is preferred. work of the Working Group. WGs are chaired by one NUS. The chair 9.2 Election of chair(s) of WGs of the WG shall ensure that the EC, A member or a group of members can members of the WG and the Secretariat apply to chair a WG. Candidates and are informed of ongoing work of the associate organisations can apply to co- Working Group. chair a WG together with a member or Save for the exception laid down in a group of members. Article 10.3 a member of the EC that Nomination for chairing a WG must be serves as a contact point may not act as received by the ESU secretariat at least Chair of a WG. 30 days before the BM. They shall submit a proposed plan of work. The BM elects the chair(s) of a WG by simple majority on the basis of the proposed Plan of Work.
    • ’NO Paragraph Original text Revised text Comment of SYL46 9 Working 9.3 Plan of work of the WGs 10.2 Plan of work of the WGs It could be further clarified Groups that the Plan of Work is The EC or any other structures or ESU WGs are established by proposing a approved by the BM. 9.3 Plan of work members, in cooperation with other motion detailing the mandate of the WG, of the WGs ESU elected officials should outline the chair and a proposed plan of work. specific tasks that could be dealt with Following the approval of the motion, within a before the BM. This proposal the chairing NUS should issue a call for can be fully or partially taken up by an further unions to join the WG. NUS or group of NUSs with The EC or any other structures or ESU candidates and/or associate members, in cooperation with other ESU organisations in their plan of work. elected representatives should outline The plan of work should contain specific tasks that could be dealt with concrete description of tasks and within a before the BM. This proposal deliverables with a timeline for can be fully or partially taken up by a operationalising. WG in their plan of work. The plan of An NUS or a group of NUSs with work should contain concrete description candidates and/or associate of tasks and deliverables with a timeline organisations, aiming to act as an ESU for operationalising. WG, can also propose their own Plan of The Plan of Work of a WG as approved Work. by the BM will be incorporated in the The WG will present their Plan of Plan of Work of ESU as an annex. Work to the BM for adoption. The Plan of Work as approved by the BM will be incorporated in the Plan of Work of ESU as an annex.47 9 Working 9.4 Resignation of chair of working 10.3 Resignation of chair of working OK. Groups groups groups 9.4 Resignation In case a chair resigns, the next BM In case a chair resigns, the next BM will of chair of will have to elect a new chair. In the have to elect a new chair. In the working groups meantime a member of the EC shall meantime a member of the EC or another take over the role of acting-chair. NUS from the Working Group shall take over the role of acting-chair.48 10 Content 10 Content Committees DELETE OK: Committees (entire article)49 11 Cross 11 Cross Committee Networks DELETE OK: Committee (entire article) Networks
    • ’NO Paragraph Original text Revised text Comment of SYL50 12 Task Forces 12 Task Forces 11 Task Forces As mentioned in our general comments, there are no tools 12.1 12.1 Establishment of a Task Force 11.1 Establishment of a Task Force (TF) to measure regional balance. Estobalishment of (TF) The EC can decide to establish a Task Also, our opinion is that the a Task Force (TF) The EC or the BM can decide to Force and will mandate it. The Board EC should have wide establish a Task Force and will has the right to request the EC for a liberties in establishing Task mandate it. The members of the Task creation of a task force. The members of Forces and should therefore Force are individuals. The EC selects the Task Force are individuals. The EC be able to set one up without the members of the Task Forces, selects the members of the Task Forces. restrictions. For example, through the issuing of a call at least 14 occasionally it might be Any associate, candidate or member may beneficial to form a task force days prior to the setting up of such TF. nominate an individual student for a from people who live near to Any associate, candidate or member place on the task force. Every TF each other to facilitate faster may nominate an individual student established must be so done with cooperation. In order to for a place on the task force. Every TF consideration given to gender and make setting up Task Forces established must be so done with regional balance – if due to lack of as flexible as possible, we consideration given to gender and applicants this is not possible then the propose that regional and regional balance – if due to lack of EC will set up the TF to ensure that gender balance are removed applicants this is not possible then the these criteria are met as closely as from the text. To justify these EC will set up the TF to ensure that possible. removals, we would set these criteria are met as closely as possible. certain limitations on the competencies of Task Forces (see next comment).51 12 Task Forces 12.2 Competencies of a Task Force 11.2 Competencies of a Task Force It should be clarified that Task Forces should not deal 12.2 The length of mandate as well as the The length of mandate as well as the with issues of political nature Competencies of a competencies of a Task Force should be competencies of a Task Force should be but rather operate as a tool Task Force included in the mandate given by the included in the mandate given by the for the EC to fix a problem in EC or the BM. EC. the organization, for (Task Forces are accountable to the EC. Task Forces are accountable to the EC. example. A good example of this is the current IT Task For establishing a Task Force the EC For establishing a Task Force the EC Force. We leave it to your should issue an open call for proposals, should issue an open call for proposals, consideration as to how to which should include the size, which should include the size, formulate this if you consider timeframe, working methods and timeframe, working methods and desired our proposal good. desired outcomes of the Task Force’s outcomes of the Task Force’s work. work. The Task Forces should regularly report The Task Forces should regularly back from its working progress to the EC report back from its working progress as well as to the BM. to the EC. Task force established by the BM report to the BM.
    • ’NO Paragraph Original text Revised text Comment of SYL52 12 Expert Pools OK. 12.1 Competencies of Expert Pools Expert pools are autonomous structures that in general deal with areas of providing expertise and consultancy to externals, training and development, external representation. Expert pools constitute a group of selected current of former students that have specific knowledge and expertise in the field of work of an expert pool. Expert pools have no decision-making power and members of such pools are there on the basis of individual capacity. Members of the experts pool can represent ESU only if mandated specifically to do so.53 12.2 Establishment of Expert Pools OK. Expert pools are established through a motion passed by the Board Meeting. The motion must define the purposes and scope of expert pools and their organizational structure that should include a steering committee of a pool. The expert pools will remain in force until the Board decides otherwise or passes a motion amending their mandate. The responsibility for implementing the decision of establishing expert pools lies within the EC who thus has the right to decide on the procedure of setting up a pool and a procedure on selecting the steering committee for each pool.
    • ’NO Paragraph Original text Revised text Comment of SYL54 12.3 Coordination of Expert Pools OK. The expert pools are coordinated by steering committees that have the right to decide on the composition of the expert pools, set guidelines and the plan of work for the individual pools. The steering committees are accountable to the Presidency and reports to the Board Meeting about the activities of the pool. The steering committee of any pool also carries the responsibility for day to day management of a pool in coordination with the Presidency and the Secretariat in administrative matters. The steering committee of any pool works in cooperation with the Presidency and any other relevant body of ESU that concerns the working area of the expert pool.55 13 Secretariat All staff issues are matters of the EC, All staff issues are matters of the OK. (mandatory item) which is responsible for ESU’s day-to- Presidency, which is responsible for day work. ESU’s day-to-day work. Members of the secretariat are Members of the secretariat are employed employed professional staff and should professional staff and should where where necessary have the necessary necessary have the necessary knowledge knowledge in the fields of management in the fields of management and and finances. The secretariat should finances. The secretariat should not be not be considered to have any political considered to have any political role, role, unless mandated specifically in unless mandated specifically in extraordinary circumstances by the extraordinary circumstances by the EC EC. or the Presidency.
    • ’NO Paragraph Original text Revised text Comment of SYL56 13 Secretariat All ESU Staff are accountable to the All ESU Staff are accountable to the EC OK. (mandatory item) EC. They are not politically responsible and on a daily basis to the Presidency. for the conduct of ESU, and implement They are not politically responsible for 13.1 Staff the policies and procedures passed by the conduct of ESU, and implement the Protocol the BM or any other tasks delegated to policies and procedures passed by the them by the EC, in accordance with BM or any other tasks delegated to them their appointment. by the EC or the Presidency, in accordance with their appointment. As such, any political issues related to the area of responsibility of a staff As such, any political issues related to member should be addressed to a the area of responsibility of a staff member of the EC. Likewise issues member should be addressed to a arising from the work or conduct of a member of the EC or the Presidency. staff member should be addressed to the Likewise issues arising from the work or EC, and not raised with the staff conduct of a staff member should be member concerned. addressed to the EC or the Presidency, and not raised with the staff member There shall be a staff protocol for concerned. relations between staff and ESU elected officials and members agreed by staff There shall be a staff protocol for and the EC, presented to the BM, and relations between staff and ESU elected adhered to by all ESU elected officials officials and members agreed by staff and and members. the EC, presented to the BM, and adhered to by all ESU elected officials and members.
    • ’NO Paragraph Original text Revised text Comment of SYL57 13 Secretatiat The secretariat shall The secretariat shall OK. (mandatory item) • Collect, and ● Collect, and 13.2 distribute relevant information to the distribute relevant information to the Competencies of member NUSes and all other member NUSes and all other the Secretariat institutions together with the Vice- institutions together with the Vice- Chairperson. Chairperson responsible for organisational affairs. • Provide contacts between member NUSes and other ● Provide contacts bodies in the field of education. between member NUSes and other bodies in the field of education. • Administer the finances of ESU as mandated by the ● Administer the Executive Committee under the finances of ESU as mandated by the coordination of the Vice-Chairperson Executive Committee under the and the Chairperson of ESU. coordination of the Presidency. • Raise funds for ● Raise funds for ESU ESU together with the Committee of under the mandate of the Executive Internal Development Committee and the Presidency. • Coordinate the ● Coordinate the execution of decisions taken by the BM execution of decisions taken by the BM or EC. or EC. • Support any work ● Support any work of of ESU as directed by the EC. ESU as directed by the Presidency. • Coordinate media, ● Coordinate media, public relations, communication and public relations, communication and press contacts as directed by the EC press contacts as directed by the and in coordination with the Presidency and in coordination with the Committee of Internal Development EC • On direction from ● On direction from the EC, be responsible for any project the Presidency, be responsible for any applications and events organised or project applications and events jointly organised by ESU. organised or jointly organised by ESU.58 14 Auditors The Commission for Internal Auditing The Commission for Internal Auditing OK. will do the internal audit of ESU. The will do the internal audit of ESU. The 14.1 Commission CIA will consist of three individual CIA will consist of three individual for Internal persons elected by the BM. Members of persons elected by the BM. Members of Auditing (CIA) the CIA can not be active in the any the CIA can not be elected (mandatory item) NUSs. representatives or staff in any NUSes. (158) At least once a At least once a year the Commission for year the Commission for Internal Internal Auditing will overview the Auditing will overview the bookkeeping and the report of the bookkeeping and the report of the external auditor. Every three months external auditor. Every three months they are updated by the EC or any they are updated by the EC or any member of the secretariat as directed by member of the secretariat as directed by the EC, on the financial matters of ESU. the EC, on the financial matters of After closing the books of a fiscal year ESU. After closing the books of a fiscal they will report to the BM. year they will report to the BM.
    • ’NO Paragraph Original text Revised text Comment of SYL59 14.2 Election for members of the OK. Commission for Internal Audit The members of the CIA are elected by the Board Meeting. The procedure is the same as for EC elections (not being the procedure for Vice-Chairperson and Chairperson). Positions in the CIA shall have a 3 year mandate. An election will be held each year to elect a new member of the CIA who is to substitute an outgoing CIA member. In case of more then one open position in the CIA the BM is supposed to fill all open positions while respecting the remaining original length of the mandate of the individual positions.60 14.3 Resignation for OK. members of the Commission for Internal Audit Only the BM can grant resignation to a member of the CIA.61 15 Disciplinary Any Committee member including the Any elected member including the OK. Code (mandatory Chairperson and Vice-Chairperson, can Chairperson and Vice-Chairpersons, can item) be dismissed from the organization and be dismissed from the organization and relieved of their role in any committee relieved of their roles within the ESU 15.2 Elected by a vote of no confidence. institutions by a vote of no confidence. Representatives Any such vote of no confidence must be Any such vote of no confidence must be proposed by a full member or the EC proposed by a full member or the EC and and seconded by at least one full seconded by at least one full member. member. This vote of no confidence This vote of no confidence must be by must be by secret ballot. secret ballot. If the vote of no confidence passes there will be immediately new elections for the concerned seat. If RON is elected the seat remains empty until the next BM or the EC can proceed as according to the standing orders to fulfill the position.
    • ’NO Paragraph Original text Revised text Comment of SYL62 15 Disciplinary 15.4 Content Committee 15.4 Coordinators Again, there is a Code (mandatory contradiction in the role of To dismiss the whole Content To dismiss any Coordinator a full item) coordinators being Committee by the Board Meeting a full member can propose a motion, seconded practically appointed by the member can propose a motion, by another full member, for a vote of no EC but still accountable to seconded by another full member, for a confidence. This vote of no confidence the BM. Coordinators should vote of no confidence. This vote of no must be by secret ballot. be accountable to either EC confidence requires a two third If the Coordinator is dismissed the EC or the BM, not both. majority of the votes cast during a BM has the right to nominate a new and must be by secret ballot. candidate until the end of the BM. In If the Content Committee is dismissed case the BM fails to elect a new the BM can elect a new Content coordinator within the same BM, the EC Committee with the same or different will be mandated to select an interim mandate. coordinator until the next BM.63 15 Disciplinary 15.5 Working Groups OK. Code (mandatory To dismiss a Working Group by the item) Board Meeting a full member can propose an internal motion, seconded by another full member, for dismissal of the Working Group.64 16 Signature Financial matters up to 1000 Euro are Financial matters up to 1000 Euro are OK. (Mandatory the competency of all members of the the competency of all members of the Item) EC and by the EC mandated staff. Each Presidency and by the EC mandated of them individually can engage ESU staff. Each of them individually can for these matter after agreement from engage ESU for these matters after the rest of the EC. All other acts that agreement from the rest of the engage ESU are, except special powers Presidency. of attorney, signed by two members of All other acts that the EC, one of them being the Vice- engage ESU are, except special powers of Chairperson who is responsible for attorney, signed by two members of the ESU finances or the Chairperson, or by Presidency or at least one member of the one member of the EC (being the Vice- Presidency, being the Chairperson or the Chairperson who is responsible for Vice-Chairperson who is responsible for ESU finances or the Chairperson) and ESU finances, and one mandated one mandated member of the ESU staff. member of the ESU staff.65 19 Language The official language of ESU is French. The official language of ESU is French. OK. The working language of ESU is The working language of ESU is English. English. All the meetings and publications of All the meetings and publications of ESU will be exclusively in English. ESU will be exclusively in English The official language will only be used although translation by third bodies in communications with the Belgian would be encouraged. The official government. language will only be used in communications with the Belgian government.
    • ’NO Paragraph Original text Revised text Comment of SYL66 Annex 3 Eligible Block 1: Members of the European Block 1: Members of the European We applaud the fact that lists countries for Union: United Kingdom, Ireland, Union of countries are being ESU membership France, Spain, Portugal, Greece, removed and that removal Block 2: Accession countries to the Germany, Austria, Italy, Sweden, should also extend to Block European Union Denmark, Finland, Belgium, The 8. Netherlands and Luxemburg Block 3: Candidate countries to the European Union Block 2: Accession countries to the European Union: Slovenia, Poland, Block 4: EFTA countries not previously Czech Republic, Slovakia, Hungary, listed Malta, Cyprus, Estonia, Lithuania, Latvia Block 5: Full members of the Council of Europe not previously listed Block 3: Candidate countries to the European Union: Romania, Bulgaria, Block 6: Other countries that are not Turkey members of any above-mentioned European structure: Belarus, Israel, Block 4: EFTA countries not Holy See. previously listed: Switzerland, Norway, Iceland. Block 7: Regions/Provinces within European Countries with autonomous Block 5: Full members of the Council of governance or special administration Europe not previously listed: Albania, (example: Kosovo, Northern Ireland) Andorra, Armenia, Azerbaijan, Bosnia and Herzegovina, Croatia, Georgia, Block 8: European Islands that currently Liechtenstein, Moldova, Russian have no Higher Education (example: Isle Federation, San Marino, Serbia and of Mann, Faroe Islands) Montenegro, Macedonia, Ukraine. Block 6: Other countries that are not members of any European structure: Belarus, Israel, Holy Seat. Block 7: Regions/Provinces within European Countries with autonomous governance or special administration (example: Kosovo, Northern Ireland) Block 8: European Islands that currently have no Higher Education (example: Isle of Mann, Faroe Islands)