Decision of the Authority for European Political Parties and European Politic... (32018D0606(01))
EU - Rechtsakte: 01 General, financial and institutional matters

Decision of the Authority for European Political Parties and European Political Foundations

of 9 February 2018

to register Alliance for Peace and Freedom

(Only the English text is authentic)

(2018/C 193/08)
THE AUTHORITY FOR EUROPEAN POLITICAL PARTIES AND EUROPEAN POLITICAL FOUNDATIONS,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations (1), in particular Article 9 thereof,
Having regard to the application received from Alliance for Peace and Freedom,
Whereas:
(1) The Authority for European Political Parties and European Political Foundations (‘Authority’) received an application for registration as a European political party under Article 8(1) of Regulation (EU, Euratom) No 1141/2014 from Alliance for Peace and Freedom (the ‘applicant’) on 11 September 2017.
(2) On 19 September 2017, the Authority informed the applicant, pursuant to Article 9(2), third subparagraph, of Regulation (EU, Euratom) No 1141/2014, that its application was incomplete and set out the documents and information needed to complete the application.
(3) The applicant filed additional submissions supplementing its application on 21, 27 and 28 September 2017.
(4) On 29 September 2017, the Authority asked the applicant formally to submit certain outstanding documents and information.
(5) On 13 November 2017, the Authority sent the applicant a preliminary assessment under Article 34 of Regulation (EU, Euratom) No 1141/2014, referring to Articles 4(1) and 15(2) of that Regulation.
(6) The applicant filed a further submission supplementing its application on 4 December 2017.
(7) On 15 and 21 December 2017, the Authority asked the applicant to produce certain clarifications regarding its submission of 4 December 2017 and reiterated that the application was still incomplete.
(8) The applicant filed further submissions supplementing its application on 11 and 25 January 2018, thereby providing all documents and information necessary for completeness.
(9) The applicant submitted documents proving that it satisfies the conditions laid down in Article 3 of Regulation (EU, Euratom) No 1141/2014 and, in particular, demonstrating its representation in at least one quarter of the Member States by at least the following members of the European Parliament, of national parliaments, of regional parliaments or of regional assemblies: Mr Udo Voigt (Nationaldemokratische Partei Deutschlands, Germany) and Mr Marian Kotleba (Ľudová strana Naše Slovensko, Slovakia), who are members to the applicant’s member parties, and Mr Christos Rigas (Greece), Mr Franco Cardiello (Italy), Mr Mihails Zemļinskis (Latvia), Mr Valerijus Simulik (Lithuania) and Mr Jacek Wilk (Poland), who are members to the applicant directly.
(10) The applicant submitted the declaration in the form set out in the Annex to Regulation (EU, Euratom) No 1141/2014, and its statutes, containing the provisions required by Article 4 of that Regulation.
(11) The application is further supported by a statement by notary Pieter Herman pursuant to Article 15(2) of Regulation (EU, Euratom) No 1141/2014 certifying that the applicant has its seat in Belgium and that the applicant’s statutes are in conformity with the relevant provisions of national law.
(12) The applicant submitted additional documents in accordance with Articles 1 and 2 of Commission Delegated Regulation (EU, Euratom) 2015/2401 (2).
(13) Pursuant to Article 9 of Regulation (EU, Euratom) No 1141/2014, the Authority has examined the application and supporting documentation submitted and considers that the applicant satisfies the conditions for registration laid down in Article 3 of that Regulation and that the statutes contain the provisions required by Article 4 of that Regulation,
HAS ADOPTED THIS DECISION:

Article 1

Alliance for Peace and Freedom is hereby registered as a European political party.
It shall acquire European legal personality on the date of the publication of this Decision in the
Official Journal of the European Union
.

Article 2

This Decision shall take effect on the day of its notification.

Article 3

This Decision is addressed to
Alliance for Peace and Freedom
22 square de Meeûs/ De Meeûssquare
1050 Bruxelles/Brussel
BELGIQUE/BELGIË
Done at Brussels, 9 February 2018.
For the Authority for European Political Parties and European Political Foundations
The Director
M. ADAM
(1)  
OJ L 317, 4.11.2014, p. 1
.
(2)  Commission Delegated Regulation (EU, Euratom) 2015/2401 of 2 October 2015 on the content and functioning of the Register of European political parties and foundations (
OJ L 333, 19.12.2015, p 50
).

ANNEX

STATUTES FOR THE ALLIANCE FOR PEACE AND FREEDOM

(A NON-PROFIT ASSOCIATION under Belgian Law)

I.   

GENERAL PRINCIPLES

Article 1

The Association, a European political party, is to be known as the ‘Alliance for Peace and Freedom’ (APF), hereinafter referred to as ‘the APF’ or ‘the Association’. This name shall always be preceded or followed by, or treated as if followed by, the words ‘non-profit–organisation under Belgian Law’. The Association is governed by the provisions of the laws of the EU on European political parties and the laws in Belgium on non-profit associations.

Article 2

The seat of the association is established in Belgium, 22 square de Meeus, 1050 Brussels. It may, by decision of the Executive, move its seat to any other address in Belgium.
The logo of the association consists of the three letters ‘APF’ in red, together with an image of a lady (‘Europe’) riding a bull:
[Bild bitte in Originalquelle ansehen]
[This logo can be altered by the Executive]

Article 3

The Association pursues political objectives, as laid down in this political programme:
We stand for a Europe of sovereign nations in which the independent states work together on a confederated basis to address the great challenges of our time and to protect, celebrate and promote our common Christian values and European cultural heritage.
We seek to address the democratic deficit within the existing structures of the EU by providing an effective voice for the large numbers of citizens, particularly young people, at present alienated from the democratic process. We stand for a revival of popular involvement in decision-making and for the elimination of corruption and the influence of money and the corporate media from our political institutions.
We aim to help families, law-abiding citizens, young people and unemployed often treated as second class citizens with the voices and organisational lead they need to assert their rights. Staunch supporters of the fundamental human right to a peaceful life with a decent standard of living in one’s own homeland, we are opposed to mass immigration which often results in discrimination and inequality – afflicting both immigrants and indigenous citizens — within the host nations. We are committed to providing the leadership and education required by the Youth of Europe to resist the destruction of our traditional values and consequently of peoples and cultures.
We cherish the rich diversity which forms a tapestry of human belonging both within Europe and beyond and which is under threat from the homogenising tendencies of a world shrunk by technology and globalism. We therefore seek a constructive path between the twin evils of negative racism and rootless consumerism, and to develop ways to protect and celebrate the diversity which provides the foundation stone of human identity.
Recognising that our diverse nations are each an extended family, we stand for the right and primary duty of each national government to act as a father to its nation and in particular to defend the people and their common wealth and heritage from the injustices and exploitation caused by the ‘logic’ of the market and the corruption of politicians and elites.
We stand in particular for Peace and to expose and oppose the attempts to jeopardize peace and create unnecessary hostility towards the eastern half of European civilisation. While we recognise that there are a number of unresolved historical disputes between various European nations, we are determined that these should be resolved through negotiation and compromise, rather than being exploited by external forces at the risk of increasing tensions and even war.
In the ethical sphere, which stands above and sets the boundaries of our politics and policies, we seek to instill in to our peoples and our youth a respect for life from beginning to end and a new spirit of honesty, self-sacrifice and an ethos of service.
The APF observes: respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.
The APF does not pursue profit goals.
The APF is committed to providing equal opportunity for individuals of both sexes within its organisation on the grounds of merit and rejects all forms of discrimination, particularly discrimination based on gender.

Article 4

The object of the Association is to:
— promote and foster a close and constant cooperation between its members for the purpose of advancing at European level the common Principles set out above;
— promote and organize joint actions of its members at European level;
— work in favour of genuine free and pluralistic democracy;
— encourage respect for human rights, fundamental freedoms including in particular freedom of speech and association, and the rule of law;
— promote respect for the indivisible right to freedom of expression and other fundamental rights of man and of the citizen as the foundation of the values that should be upheld within and by the European Union
— participate in the next elections to the European Parliament.
In order to achieve these objectives and to establish, develop, implement and promote its policy objectives, the APF exists to organise discussions forums, educational events and events and outreach initiatives according to democratic principles, and to publish material in various forms including printed matter, video and internet formats in order to increase public awareness of our work and the issues which it addresses.
The Association and her representatives are authorised to take such actions as are directly or indirectly useful or necessary for the promotion and achievement of the above objectives.
Through their acts, parties that are or become members of the Association will support the positions taken by the Association in the framework of the European Union. In the context of their national responsibilities, they will maintain their own name, their identity and their freedom of action.

Article 5

The Association is incorporated for an indefinite period.

II.   

MEMBERSHIP

Article 6

Members

The number of members is unlimited, but there must be a minimum of three. A membership fee has to be paid, of at least 12 euro, to be decided by the Executive. The Executive shall lay down different membership fees for the different categories of members.
Every person or party that applies for membership or is a member must, through his words, actions and behavior in the past and the present, have a positive effect on the name, the image, the strength, the principles and the political goals of the Association. The Executive has total competence to judge this, and is allowed to refuse any application or to exclude any member based upon this judgment.
—   INDIVIDUAL MEMBERS
Every citizen of the EU who agrees with the statutes of the Association and wishes to join the Association shall do so as ‘individual member’. The right of individual members to speak and vote in meetings of the Association, including the Executive (if they are elected there), are personal and inalienable. The Executive can lay down rules for giving a power of attorney to another member of the Association.
Membership applications should be submitted to the Secretary-General, in writing or by any other way, as to be decided by the Executive. They must constitute a declaration of adherence to the statutes. The President will forward such requests for accession to the Executive. The Executive is authorised to grant, at its own discretion, membership to the applicant.
The Executive can lay down the rules for handling membership applications, and can give power of attorney to one or more of its members to deal with all issues concerning membership.
—   SUPPORTING MEMBERS
Every citizen of the EU who agrees with the statutes of the Association and wishes to support the Association in its goals and objectives shall do so as ‘supporting member’.
Membership applications should be submitted to the Secretary-General, in writing or by any other way, as to be decided by the Executive. They must constitute a declaration of adherence to the statutes. The Secretary-General will forward such requests for accession to the Executive. The Executive is authorised to grant, at its own discretion, the applicant supporting membership.
The Executive can lay down the rules for handling membership applications, and can give power of attorney to one or more of its members to deal with all issues concerning membership.
Supporting members will not have the right to participate in, vote upon the deliberations or to be a candidate for the election of the members of the Executive. They will, however, be invited to the Congress.
—   PARTY MEMBERS
The Executive is authorised to grant the status of party member to any political party with a traditionalist orientation established within the European Union, which subscribes to the Principles of the Association and accepted its statutes.
Membership applications should be submitted to the Secretary-General, in writing or by any other way, as to be decided by the Executive. They must constitute a declaration of adherence to the statutes. A copy of the statutes of the candidate for accession and information on the history and organisation of this applicant must be added. The Secretary-General will forward such requests for accession to the Executive. The Executive is authorised to grant, at its own discretion, membership to the applicant.
Each party member will designate a physical person who will act on behalf of the party as its representative within the Association and to vote on its behalf at the Congress and the Executive. In the event of a change of the representative, the President of the Association shall be informed immediately in writing by the registered leader of the party in question or any person to whom that power is delegated. The change shall be effective on receipt of such notification.
—   ASSOCIATE PARTY MEMBERS
The Executive is authorised to grant the status of associate member to any political party with a traditionalist orientation, established outside the European Union, which subscribes to the Principles of the Association and accepted the statutes.
Membership applications should be submitted to the President, in writing or by any other way, as to be decided by the Executive. They must constitute a declaration of adherence to the statutes. A copy of the statutes of the candidate for accession and information on the history and organisation of this applicant must be added. The President will forward such requests for accession to the Executive. The Executive is authorised to grant, at its own discretion, membership to the applicant.
They will not participate in decisions concerning the policy and the structure of the European Union or its institutional systems but shall be permitted to vote on all other matters in the business of the Congress. If the State in which the associate party member is established accedes to the European Union, this associate party member shall automatically become an ordinary party member from the date of accession of the State to the European Union.
Each associate party will designate a physical person who will act on behalf of the party as its representative within the Association. In the event of a change of the representative, the President of the Association shall be informed immediately in writing by the registered leader of the party in question or any person to whom that power is delegated. The change shall be effective on receipt of such notification.

Article 7

Subscriptions

The annual contribution is EUR 120.00 for individual members, EUR 60.00 for supporting members and EUR 240.00 for party members and associate party members. The first annual subscription has to be paid on initial joining, and subsequent contributions at the end of each year.

Article 8

The General Secretary shall retain at the Headquarters of the Association, a register of members. This register shall include the name, first name, place of residence, date and place of birth or, in the case of legal persons or associations of fact, the name, legal form, address of the head office, identity of the representative and, if applicable, the registration number in accordance with the legislation and/or regulations in force.
All members can consult this register at the Headquarters of the Association at any reasonable time by prior arrangement.
Membership of the APF is strictly exclusive. Members of the APF, as defined in article 6 of the Statutes may in no case be also a member of another European political party recognised under the Regulation (EU) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statutes and funding of European political parties and European political foundations.

Article 9

Each member may at any time resign from the Association. He shall inform the President of the decision to resign in writing, or in any other way laid down by the Executive.
Any resigning member shall remain liable to meet their financial obligations to the Association regarding the portion of the year prior to his resignation and for any amount outstanding from previous years.
The suspension or exclusion of a member can be decided by the Executive. A proposal for the suspension or exclusion of a member may be proposed by the General Secretary in writing to all members of the Executive. The member affected shall be notified of the proposed reasons for suspension or exclusion by the General Secretary and shall be entitled to file his remarks in writing before the decision is taken.
If a party member or associate party member is no longer a viable political force in their country and, in particular, has not sat in regional, national or European parliaments or assemblies during two consecutive legislatures, the President of the APF may recommend to the Executive its suspension or exclusion. The member affected shall be notified of the proposed reasons for suspension or exclusion by the General Secretary and shall be entitled to file his remarks in writing before the decision is taken.
The membership of any member shall be automatically terminated in case of death, incapacity, liquidation, being placed under provisional administration or bankruptcy.
Resigning or excluded members and the legal successors of the resigning members, excluded or deceased, have no right to the assets of the Association, including records and intellectual property, and in no case may obtain a refund of contributions paid or given to the Association.

III.   

STRUCTURE OF THE ASSOCIATION

Article 10

The constituent parts of the Association are:
(i) The Executive
(ii) The Congress

Article 11

Executive

The Association is managed from day-to-day by the Executive. Executive meetings shall be chaired by the President or by an individual delegated the task by the President, usually but not necessarily the General Secretary.
The Executive shall be comprised of the President, General Secretary, Treasurer, the representative of each Party Member or Associate party Member, and at least three extra Members. The Executive may appoint, among its members, vice-Presidents. Any Member can be elected a Member of the Executive, with exclusion from the supporting members.
Meetings shall be held as convened by the General Secretary, usually during Plenary or Mini-Plenary sessions of the European Parliament according to a calendar agreed with other Executive Members in December for the whole of the following year and with a minimum of three meetings per calendar year.
In the event of unscheduled meetings at least seven days’ notice written notice, by letter or fax, and email, together with an agenda and an explanation as to why such a meeting is necessary, shall be given in writing by the General Secretary to all those entitled to attend.
An unscheduled meeting may be held at the request of the General Secretary, one third of the members or one third of party and associate party members.
The Executive shall be quorate if at least three board members are present.
All Executive decisions shall be taken by simple majority vote of the Executive members present at the meeting, save for a decision to wind up the Association which shall require a two thirds majority of all members of the Executive. In all votes the President shall have a casting vote in the event of a tied vote.
The President, Secretary-General and Treasurer shall be elected by Congress according to the procedures set out in Article 12. Their mandates shall run for one year until the next annual Congress.
The Secretary-General shall keep the minutes of all meetings. All members shall receive a copy of these minutes within four weeks following each meeting.
The Executive has the powers assigned by the law, the present Statutes and its
rules of procedure as from time to time decided. Its powers include, among other things, to:
— approve or amend the minutes of previous meetings;
— take steps to ensure the unity of action of the APF in the implementation of its programme;
— set the provisional calendar of the APF;
— propose and agree amendments to the provisional calendar;
— control the setting, revision and management of the budget.
— approve the annual accounts and the budget;
— decide on membership applications and lay down the rules to follow;
— decide the suspension or exclusion of a member according to the procedure set out in Article 9 above and lay down the rules to follow;
— set the amount of the annual contributions to be paid by the members;
— make recommendations to Congress on amendments to the statutes;
— approve the rules of procedure;
— appoint and replace the accountant of the Association;
— set terms and rates of remuneration for such employees and service providers as it from time to time sees fit, and to remove or replace them as deemed necessary. In the event of a possible conflict of interests for any member of the Executive in the making of such a decision that individual shall withdraw from the discussion and not participate in any deciding vote;
— establish standing committees and ad hoc working groups to consider specific problems, and decide to dissolve such bodies at its sole discretion;
— draft, amend an approve the annual report of the Association by the Secretary-General;
— convene the annual Congress of the Association;
— convene an Extraordinary Congress of the Association (ECA) should a simple majority decide this to be necessary during a meeting at which the proposal to call said Congress was on the agenda of the Executive meeting as circulated in writing with a minimum of seven days notice to all entitled to attend and vote;
— decide to set up a National Branch of the APF with national supporting Members in one country, as laid down in article 6.
The decisions of the Executive shall be enacted by the Secretary-General unless a vote by the Executive on the implementation of a specific decision decides otherwise.
Supporting members cannot be elected to the Executive.
A board member may be recalled before the end of his regular term of office by a motion of the board or by a congress resolution based on a written application of a quarter of the individual members entitled to vote. Thereafter a majority of two-thirds of the voting members being present at the congress is necessary. A representative of a Party Member can be recalled by his respective national party according to its statutes.

Article 12

Congress

The Congress of the APF shall meet once per calendar year unless an ECA be called, which shall be additional.
The General Secretary of the Association shall provide 7 days written notice, by letter or by any other way of communication laid down by the Executive, to all members. Non-member observers may be invited at the discretion of the Executive.
Elections to Executive posts shall be held at the Congress annually, and at any ECA in the event of a two third majority of members present voting to hold fresh Executive elections.
Nominations for the posts of President, General Secretary, Treasurer and Cash Auditor must be submitted in writing to the General Secretariat, 28 days before the date of the election. Any individual member may be proposed for any of these offices.
In the event of an ECA electing or re-electing any member their mandate shall run until fresh elections are held as scheduled at the normal annual Congress.
Supporting members have no voting right at the Congress.
The Congress shall be quorate if at least ten members eligible to vote are present.
All Congress decisions shall be taken by simple majority vote of those members present. In the case of a tied vote, the vote of the President is deciding. All votes are done in a public way, unless someone asks for a secret vote, supported by a majority of the Congress.
The representatives of the Party Members and associate Party Members are automatically a Member of the Executive. No Congress vote is held concerning their appointment.
After the President, the General Secretary and the Treasurer are elected, the President puts forward a proposal for the amount of places to be added in the Executive and the names of the people taking up the posts. This proposal is as a whole accepted or rejected.
If it is rejected, a vote is held on the number of places to be added to the Executive. After this vote, any individual member may be a candidate for any of these posts. A secret vote is then held for each of these places.
Proposals to vary the statutes of the Association agreed by the Executive shall be put in writing, or by any other way of communication laid down by the Executive, to all those entitled to attend and vote at Congress with a minimum of 7 days notice. Statutory changes require a two-thirds majority of the voting members present at the Congress.

Article 13

Congress has the following powers:
— to vote on any political declaration, proposed by the Executive, to strengthen and clarify the political line of the Association, in accordance with the statutes;
— To adopt and amend the statutes of the APF;
— To adopt, amend or reject amendments to the statutes proposed by the Executive;
— Elect the President, the General Secretary, Treasurer and other Members of the Executive as well as the Cash Auditor;
— Recommend to the Executive the dissolution of the Association.

Article 14

EUROPA TERRA NOSTRA E.V.

EUROPA TERRA NOSTRA E.V. (ETN) is the official European political foundation of the APF. The ETN will work as an official think-tank of the APF and shall serve as a European framework for national foundations/think-tanks recognized by APF member-parties.
ETN is organised as a separate legal entity with separate financial accounts, operating in accordance with its own statutes and internal regulations.

Article 15

Accounts

The Association fiscal year runs from 1 January to 31 December.
At the end of each fiscal year, the Treasurer closes the accounts of the preceding financial year and begins to operate the budget for the next financial year, in accordance with the applicable legal provisions.
The Treasurer shall prepare the accounts in collaboration with the accountant appointed by the Executive.
The Treasurer shall be the principle officer responsible for liason with any grant-making bodies or other institutions providing funding for the Association, including member parties or individuals making own contributions.
The Association being a not-for-profit organisation any surplus must be carried over and must not under any circumstances be paid to the members in the form of dividends or any other form of payment or benefit.
The verification of the annual accounts is done by the Cash Auditors. They shall submit an annual audit report to the Congress.

Article 16

Dissolution

The Association is not dissolved following the death, incapacity, removal or resignation of a member, provided that the number of members remaining is not less than three.
The Association may be dissolved voluntarily on the recommendation of Congress to the Executive, passed by a two-thirds majority of the members eligible to vote who are present. The final decision on dissolution must be approved by a two-thirds majority of all voting members of the Executive present at a properly convened Executive meeting held within 28 days, but not less than 7 days, of such a Congress recommendation being made.
In case of recommending voluntary dissolution, the Congress shall appoint at the same time the liquidator(s).
In the case of dissolution, the Executive shall decide on the allocation of such assets as remain after all creditors have been satisfied and liabilities met. Such allocation must serve disinterested and non-profit purposes.

INTERNAL RULES

Article 17

Internal rules shall be decided by the Executive, which will set and decide upon organisational and financial procedures not specifically laid down within these statutes or the procedures of the European and Belgian legislation.
Proposed amendments to such rules of procedure may be submitted by any of those eligible to vote in Executive meetings in writing to the General Secretary seven days before the next Executive meeting.

Article 18

The President represents the association legally. The Treasurer represents the association financially. The General Secretary represents the association administratively. They have the power to represent the association in every Member State of the European Union, and in the rest of the world.

Article 19

The Association will respect all laws concerning transparency, in particular in relation to bookkeeping, accounts and donations, privacy and the protection of personal data. The Executive will receive all requests concerning these issues, study them and decide the appropriate reaction. The Association has members who have been, and are at present, the victim of hate campaigns, intimidation, vandalism, violence, and even terrorist attacks. The Association will therefore carefully balance the value of transparency with the value of privacy, safety and security of its Members, and the Executive has the most complete competence to defend the interests of the Association and its Members.

Annex 1

LIST OF CURRENT PARTY MEMBERS:
— Nationaldemokratische Partei Deutschlands/National Democratic Party of Germany (NPD), Germany, Party Member
— Ľudová strana Naše Slovensko/People’s Party – Our Slovakia (ĽSNS), Slovakia, Party Member
— Democracia Nacional/National Democracy (DN), Spain, Party Member
— Partidului România Unită/United Romania Party (PRU), Romania, Party Member
— Nation, Belgium, Party Member
— Dělnická strana sociální spravedlnosti/Workers’ Party of Social Justice (DSSS), Czech Republic, Party Member
— Forza Nuova/New Force (FN), Italy, Party Member
Markierungen
Leseansicht