PASSED BY NATIONAL CERMI’S EXTRAORDINARY ASSEMBLY OF REPRESENTATIVES
ON 20 JUNE 2011
Table of contents
TITLE I. ESTABLISHMENT, MISSION, OBJECT, DURATION, LEGAL CAPACITY.
- Art.1º Establishment.
- Art. 2º Mission and values.
- Art. 3º Goals
- Art. 4ºScope and duration.
- Art. 5º location.
- Art. 6º Legal capacity.
TITLE II. GOVERNING BODIES OF THE SPANISH COMMITTEE OF REPRESENTATIVES OF PERSONS WITH DISABILITIES.
Art. 7º Governing bodies.
CHAPTER I. THE ASSEMBLY OF REPRESENTATIVES.
- Art. 8º Nature.
- Art. 9º Setting-up of the Assembly of Representatives.
- Art. 10º Operation.
- Art. 11º Competences.
CHAPTER II. THE EXECUTIVE COMMITTEE.
- Art. 12º Executive Committee.
- Art. 13º Operation.
- Art. 14º Competences.
CHAPTER III. THE PERMANENT COMMISSION OF THE EXECUTIVE COMMITTEE.
Art. 15º Permanent Commission.
CHAPTER IV. THE PRESIDENCY AND THE VICE- PRESIDENCIES.
- Art. 16º Presidency.
- Art. 17º Vice- Presidencies.
CHAPTER V. THE GENERAL SECRETARIAT AND ITS SUPPORT BODIES
Art. 18º General Secretariat.
TITLE III.ECONOMIC AND FINANCIAL STATUS
- Art. 19º Economic and Financial ressources.
- Art. 20º Membership fees.
- Art. 21º Annual Accounts.
- Art. 22º Budget.
- Art.23º Economic, Financial and Managerial audits
TITLE IV. THE VOTING PROCESS
- Art. 24º Voting system.
- Art. 25º List of candidates.
TITLE IV. DISSOLUTION
- Art. 26º Dissolution.
- Art. 27 Settlement.
- Art. 28º Assignment of assets.
STATUTES OF THE SPANISH COMMITTEE OF REPRESENTATIVES OF PERSONS WITH DISABILITIES (CERMI)
CONSTITUTION, MISSION, OBJECT, DURATION, LEGAL CAPACITY
ARTICLE 1. CONSTITUTION
- 1. The Spanish National Coordinating Confederation of People with Physical and Organic Disabilities (COCEMFE), the Spanish Confederation of Organizations in favour of Persons with Intellectual Disabilities (FEAPS), the Spanish National Organization of the Blind (ONCE), the National Confederation of Deaf Persons (CNSE), the Spanish Confederation of Families of Deaf Persons (FIAPAS) and the Spanish Confederation of Federations and Associations of Care to Persons with Brain Palsy and Similar Health Problems (ASPACE), as promoting organizations constitute in the founding charter the SPANISH COMMITTEE OF REPRESENTATIVES OF PERSONS WITH DISABILITIES (in short, CERMI), as national non-profit making body, which will be ruled according to the contents of Organic Law 1/2002 of 22 March, regulating the Right of Association and other further provisions, as well as the contents of the Statutes.
CERMI is registered on the National Register of Associations of the Ministry of Interior with the number 162,062 under administrative resolution of February 28, 1997 and has been declared of public interest on February 12, 2001.
- 2. The admission of new members into CERMI, will be performed according to the provisions of the Statutes, after presentation of the corresponding application by the interested Association or organization, giving proof a minimum geographic location in, at least, nine Autonomous Regions, and being representative of at least fifteen legal persons and no less than fifteen thousand natural persons.
Further to the requisites set in the previous paragraph, the organizations wishing to join CERMI as partners will have to give proof of meeting the following requisites:
- a)To be an associative organization.
- b)To act in defence of the rights and interests of its associates and associated bodies.
- c)To be absolutely non-profit making, in the case of the organization requesting itself admission as well as, where appropriate, promoting organizations or organizations that are part of it.
- d)To fully share the principles of CERMI, as expressed in its mission and objectives stated in article 2 of the Statutes.
- e)Not to have carried out activities that are contrary to or incompatible with the principles of CERMI or harmful to its reputation, image and good name, or that of its member organizations.
- 3. Federations, Associations or organizations of any type will not be able to be members of CERMI if they are part of a higher level Confederation or entity already integrated into CERMI.
- 4. CERMI partners will be divided in four types:
- a) Founding partners: Promoting organizations mentioned in the first section of this article will fulfil this condition.
- b) Regular partners from organizations directly representing persons with disabilities or their families.
- c) Co-opted partners from organizations that mainly carry out sectorial activities related to persons with disabilities, such as employment, education, sport, leisure, culture, social services or similar. As well as organizations that work from gender and disability perspective.
- d) Regional CERMIS: They will be organizations of persons with disabilities and their families with a regional scope, legally constituted, or that can be constituted in the future, providing that the candidate Organization represents persons with disabilities in the territory, without possibility to manage duties or provide direct services not considered as “representative action" services.
- 5. Without being recognised as partners, some related organizations, admitted as such according to the contents of Additional Provision One of the present Statutes, will be able to become part of CERMI.
- 6. CERMI membership does not prevent its members from the possibility of belonging to other national organizations, providing that they are not specific European or international disability organizations and they allow them to express and defend their own interests, before local, regional or national public authorities, as well as before European Union bodies or other foreign or international bodies.
- 7. CERMI reserves the registered rights on its denomination and acronym, and may transfer their use to integrated territorial organizations of the same nature, preserving in any case the possibility to revoke them in case of non compliance with the contents of the Statutes or if the assignee should be disloyal to the duty, purpose and objectives of the national organization, as observed by the Executive Committee, after the appropriate contradictory file.
ARTICLE 2. MISSION AND VALUES.-
- 1. CERMI’s mission, established and assumed by its member organizations, consists in articulating and structuring the Spanish disability social movement to develop a representative political action in defence of the rights and interests of persons with disabilities and their families, from the cohesion and unity of the sector and always respecting the inherent pluralism of such a diverse social segment.º CERMI transfers to the public authorities, the various partners and operators and society, through constructive –technically articulated and verified– proposals, the needs and demands of the disability sector of the population, assuming and channelling its representation, becoming the sector’s speaker and reference, to promote full rights, non discrimination, equal opportunities, inclusion in the community, social emancipation and, in general, the improvement of living conditions of Spanish citizens with disabilities and their families.
- 2. CERMI is established as the association most representative of different types of disabilities at national level, as a unitary platform of representative action in defence of the rights and interests of persons with disabilities and their families, with national orientation as regards relations with Spanish national and regional authorities, as well as European and Ibero- American orientation towards and as regards relations with European Union Institutions and other European and international bodies, specially Ibero-American ones, and it guides its actions towards the pretended effects. CERMI is an associative organization with a representative character, which does not, therefore, carries out final assistance activities, which seeks political impact to influence bodies, authorities and individuals to make them adopt decisions that will have a direct or indirect impact on persons with disabilities and their families.
- 3. CERMI is a body of consultation and representative action before the public authorities and the Spanish and international institutions, as well as a platform for proposals to draft and implement comprehensive policies in favour of persons with disabilities and their families.
- 4. CERMI will not represent at any time the interests of any concrete Organization, or any part of the group of Organizations that constitute it.
- 5. The values that inspire and guide the actions of CERMI are those supporting the International Convention on the Rights of Persons with Disabilities of 13 December 2006 and also and in particular the unity, internal cohesion, democratic functioning, transparency, independence and political or ideological neutrality, equality between women and men, respect for diversity, ethical behavior and social solidarity.
ARTÍCLE 3. GOALS.
- 1. CERMI’s goals are:
- a) Design action policies geared towards the achievement of social normalization for persons with disabilities, applying the non discrimination principle from the perspective of human rights and applying the principles of non-discrimination, equal opportunities, inclusion in the community and positive action.
- b) Be a common platform or forum for meeting, debate, defence, action and decision taking in favour of the rights and interests of persons with disabilities and their families in all fields and social areas, with special attention to those appearing as critical for the recognition of their rights and equal opportunities, proposing positive action measures, trying to satisfy their needs and demands and improve their living conditions and their citizenship.
- c) Pay special attention to persons with disabilities most at risk of exclusion, as cross aspects of all the representative action of the organization’s activities, y specially:
- Persons with disabilities with higher support needs.
- Women with disabilities.
- Persons with disabilities institutionalized.
- Children with disabilities.
- Older persons with disabilities.
- Persons with disabilities belonging to ethnic or linguistic minorities, or immigrants.
- Persons with disabilities living in rural or outlying geographic areas, or in singular territories.
- Persons with disabilities in situation of poverty.
- Persons with disabilities suffering social stigma.
- Persons with disabilities detained or imprisoned
- Those living in similar multi-social exclusion situations, in which one of the determining factors is disability.
- d)Represent the disability sector before the public authorities, Government Agencies, political parties and social partners, as well as different bodies of the European Union, the Ibero-American Community of States and international European, Ibero-American or world organizations.
- e)Act with special intensity, at national and international levels, to spread, promote, put into practice, follow up and keep watch on the fulfilment of the International Convention on the Rights of Persons with Disabilities and its Optional Protocol, adopted by the General Assembly of the United Nations Organization in December 2006, and signed and ratified by the Kingdom of Spain.
- f)Set common positions and adopt decisions or approaches of the disability sector on any matter that the members of the Association may decide, specially the following:
- Political activation of disability, to make it a priority matter for political attention and decisions, participative democracy and co-responsibility in the field of disability policies.
- Human rights, real and effective equal opportunities and non discrimination of people with disabilities and their families during their whole life.
- Personal and social promotion, progress and development of girls and women with disabilities, with the adoption of appropriate measures to guarantee the full exercise and enjoyment of all human rights and freedoms on equal terms, in the general social sphere as well as within the associative movement of persons with disabilities itself.
- Prevention of situations, factors, processes, practices, attitudes and environments that are disabling or intensify the effects of disability; early diagnosis, early care and full human and social development of persons with disabilities.
- Inclusive education, educational inclusion and standardization of men and women with disabilities, encouraging their full incorporation at all levels of the educational system, as well as throughout the life
- Labour promotion and inclusion of men and women with disabilities, struggle against lack of labour opportunities and forced inactivity, equal treatment in employment and education and professional training, regulated and continuous as well as pre-employment and occupational training.
- Social rights of men and women with disabilities and legal, social and economic protection through measures of positive action for families who have persons with disabilities among their members.
- Standardized access to culture, promotion of artistic creativity, recreation and leisure and sports for persons with disabilities.
- Policies that carry out specific actions in the framework of legal protection and legal defence of rights assisting persons with disabilities in general, as well as in particular in relation with non discrimination, universal access, all environments, including to goods, products and services available to the public, and “design for all” in a broad sense.
- Access to the Information Society and to New Technologies, with the promotion of equal opportunities in the digital field.
- Accessibility to all environments, transport, elimination of architectural, town-planning, communication, cognitive and mental barriers, in public and private places and environments, access to a worthy housing, technical, communication, cognitive and mobility aids and appliances and assistive technologies.
- Research, development and innovation in the field of disability or with effect on the disability world, aimed at improving conditions and quality of life of persons with disabilities and their families.
- Social and economic protection plans, social welfare measures and setting up of public economic income to guarantee a decent minimum wage and, in general, protection from all type of situations of hardship associated to disability.
- Normalization of the social image and perception of persons with disabilities, especially the most vulnerable ones (such as women and children, persons with higher support needs, residents in rural areas, etc.), taking care of a decent management of the reality of disability in the media and in activities with public perspective.
- Defence of the right to be included in community, encouraging a lifestyle and a social environment that guarantees independent life and self-development of any person with disabilities, where decisions fall on his own person, while counting with support and reasonable accommodation freely chosen.
- Defence of the right of persons with disabilities, without any restriction, to start a family and the right to motherhood, taking care of equal opportunities and non discrimination in situations such as adoption or assisted reproductive technology.
- Health promotion, health care and consumer protection of persons with disabilities.
- Human and social promotion and development of young persons with disabilities.
- Promotion of road safety, reduction of accident rate and comprehensive care for victims of traffic accidents with disabling consequences, and for their families.
- Strengthening relations and cooperation with other social movements contributing to the development of the social sector in Spain, Europe, Ibero-America and at international level.
- International cooperation and development cooperation, as well as struggle against poverty in the field of disability at international level.
- And any other joint action in their fields of action, securing their presence in the corresponding fora, defending information cooperation in the field of disability, equal opportunities and principle of non discrimination as well as measures of positive action in favour of persons with disabilities and their families.
- 2.To fulfil these objectives and carry out these tasks, the member associations undertake within CERMI to work jointly in the national, European and international framework to advance and implement human rights, equal opportunities, non discrimination, inclusion in the community and universal accessibility of people with disabilities.
- 3. CERMI will have the indispensable personnel and material means to allow its operation and the basic performance of its objectives, always within a strict austerity policy in the generation and maintenance of structures.
ARTICLE 4. SCOPE AND DURATION.-
CERMI will carry out its activities on the whole Spanish territory for an indefinite amount of time, starting its activities by signing its founding document.
ARTICLE 5. LOCATION.-
- 1. CERMI’s headquarters are situated in Madrid, calle Recoletos, number 1, bajo, postal code 28001.
- 2. The Assembly of Representatives will be able to agree on modifying the location of the Association, notifying it in agreement with the current legislation to the Spanish National Registry of Associations.
ARTICLE 6. LEGAL CAPACITY.-
- 1. CERMI enjoys its own legal capacity, independent from the one of each of its members, in agreement with the contents of article 35 onwards of the Spanish Civil Code, having thus, full legal capacity and ability to be subject to all type of rights and obligations.
- 2. In any case, CERMI as an Organization with decision power, will not replace the sovereign will of each of the Organizations and Associations that are part of it.
GOVERNING BODIES OF THE SPANISH COMMITTEE OF REPRESENTATIVES OF PERSONS WITH DISABILITIES
ARTICLE 7. GOVERNING BODIES.
CERMI’s Governing Bodies are the Assembly of Representatives, the Executive Committee, the Permanent Commission of the Executive Committee, as collegiate bodies, and the Presidency, the Vice-Presidencies and the General Secretariat, as unipersonal body.
Under the principle of parity democracy, CERMI will endeavour to seek gender balance when filling social positions and in the composition of the Governing Bodies of the Association until reaching full gender balance.
THE ASSEMBLY OF REPRESENTATIVES
ARTICLE 8. NATURE.-
- 1. The legally established Assembly of Representatives holds the maximum CERMI representation, embodies the sovereign will of this Organization and its officially adopted agreements are binding for the whole of its members.º The Assembly of Representatives adopts its agreements by the majority principle or the principle of internal democracy.
- 2. Each organization or Association integrated in CERMI will be member of the Assembly, holding the following votes:
- Founding partners: 30 votes for each organization, with a maximum of 180 votes.
- Regular partners: 10 votes for each organization.
- Co-opted partners: 10 votes for each organization.
- Regional CERMIS: with a maximum of 102 votes, reaching the total number of votes by adding up the list shown below, if all possible regional CERMIS were not to be represented.
- ANDALUSIA 18
- ARAGON 3
- ASTURIAS 3
- BALEARIC ISLANDS 2
- CANARIES 4
- CANTABRIA 1
- CASTILLA & LEON 7
- CASTILLA-LA MANCHA 4
- CATALONIA 14
- EXTREMADURA 3
- GALICIA 8
- MADRID 13
- MURCIA REGION 3
- NAVARRA 1
- LA RIOJA 1
- BASQUE COUNTRY 5
- VALENCIAN COMMUNITY 10
- CEUTA 1
- MELILLA 1
- 3. Regular partners and co-opted partners will not hold, together, more than 60 votes.
- 4. The members of the Assembly –four representatives for each founding partner, two for each regular partner, co-opted partner and two for each Regional CERMI at its maximum level–, will prove with documents the representation they hold and they can be ceased in the performance of their duties by the Organization they represent.º In any case, it will be compulsory for all partners to be represented in the Assembly by delegations that include women and men, in accordance with the following table:
- FOUNDING PARTNERS 2 + 2
- REGULAR PARTNERS 1 + 1
- CO-OPTED PARTNERS 1 + 1
- REGIONAL CERMIS 1 + 1
- 5. Likewise, any person considered appropriate and having received the corresponding invitation will be able to attend the meetings of the Assembly as guests.
ARTICLE 9. SETTING-UP OF THE ASSEMBLY OF REPRESENTATIVES.
- 1. The Assembly of Representatives will be officially set up with the meeting of all its members, present or represented, on first call, and members representing at least 51% of the votes on second call.
- 2. In any case, between the first and second calls, the maximum and minimum periods of time allowed will be, no more than forty eight hours and no less than half-an-hour, respectively.
ARTICLE 10. OPERATION.
- 1. The Assembly of Representatives will hold Regular and Extraordinary meetings. The Assembly of Representatives will meet at least once a year.
- 2. The Assembly meeting is considered Regular to approve, at least, the accounts of the previous financial year, the Annual Report, the income and expense budget of the current year and the Plan of Action. It may also be discussed and decided in the Regular Assembly the modification of the Statutes and Rules, providing that be call specifically for this issue.
- 3. All other meetings of the Assembly of Representatives will have an Extraordinary nature and will be held upon call by the Presidency, at its own initiative or at the request of the Executive Committee, adopted through a valid agreement, or at the request of members representing at least one third of the votes.
- 4. The Presidency will be in charge of issuing mandatory calls for the meetings to be held, with a minimum of 15 days notice, determining Agenda items objects of analysis and decision, date and place of the session; likewise, the Presidency will be competent to run deliberations and debates that will take place within the Assembly, setting up, where appropriate, the length of consecutive interventions.
- 5. Corresponding Minutes of the meetings and agreements of the Assembly of Representatives will be taken, signed by the Secretary General with the Approval of the President.
ARTICLE 11. COMPETENCES.
- 1. Following agreement adopted by members representing at least 51% of the votes, the Assembly of Representatives will adopt, according to the contents of art. 3, related to social goals, some resolutions that will reflect CERMI’s common opinion on the matters determined in that Article, providing that they reflect the whole of the population group:
- 2. It will be necessary to have the agreement of members representing at least 51% of the votes, present or represented, with the favourable votes of at least four out of six of the founding members, for the adoption of the following decisions:
- 1) Reform of the current Statutes.
- 2) Extension of the mission, values and goals determined in art. 2 and 3.
- 3) Application to be designated as a public-interest organization.
- 4) Disposal or transfer of ascribed goods to the assets of the Association.
- 5) Admission of new partners or members upon the proposal of the Executive Committee.
- 6) Decision on loss of CERMI member capacity of any of its components.
- 3. In any case, the absolute majority of cast votes will be necessary to approve the following agreements:
- 1) Development of CERMI’s Internal Rules of Procedures and the Voting Rules.
- 2) Approval of Annual Budget and Accounts.
- 3) Approval of Annual Report and Plan of Action.
- 4) Approval, at the proposal of the Executive Committee, of the annual membership fees to be paid by each Organization or Association being part of CERMI for the purpose of contributing to the maintenance of the organization.
THE EXECUTIVE COMMITTEE
ARTICLE 12. THE EXECUTIVE COMMITTEE.-
- 1. The Executive Committee will be in charge of implementing the agreements adopted by the CERMI Assembly and of the regular process of matters of the Association, as well as its representation in all types of private or public organizations and bodies, adopting all necessary decisions, declarations and positions.
- The Executive Committee will be made up of twenty-four members.
- 2. Each of the founding partners will have two representatives (trying to reach equal representation between men and women) in the Executive Committee; regular partners, six; co-opted partners, two; and Regional CERMIS, four. The Executive Committee will grant each of the seven Vice-Presidencies its corresponding concrete tasks. Likewise, it will elect, among its members and for a period of four years, the Secretary General in charge of the leadership, operation and coordination of CERMI’s administration. Exceptionally, the General Secretariat will be held by a person who may not be a member of the Executive Committee, upon decision of the latter, attending to circumstances and in the interest of the Organization.
- 3. The President and the Secretary General will also be members of the Assembly of Representatives.
- 4. The Executive Committee members will lose their capacity when they are replaced as representatives by the Organization that appointed them initially.º When this could affect the President or the Secretary General, they will carry on with their functions until they are formally replaced.
- 5. An unavoidable condition to be elected as member of the Executive Committee will be to be part of the Assembly of Representatives.
- 6. To hold a position within the Executive Committee will not include any remuneration. The expenses derived from the exercise of the respective positions will be, where appropriate, refundable, upon justification, according to the process and amounts set by the Executive Committee.
- 7. Likewise, any person deemed appropriate and who has received the corresponding invitation, will be able to attend Executive Committee meetings as a guest.
ARTICLE 13. OPERATION.-
- 1. The Executive Committee will meet on dates that it will decide and necessarily once every three months, or when the majority of its components request it, in which case the Presidency will call the meeting within fifteen days after the request, except in cases of urgency, evaluated by the Presidency, where the call will have to take place within seven days.
- 2. The Executive Committee will be officially constituted when two thirds of its components meet and the agreements will be adopted by a two-third majority of the members present. If an extension of the social purpose occurs according to the contents of art. 11, the necessary majority for the adoption of agreements will be revised.
- 3. Deliberations and agreements occurring in the Executive Committee will be put in a Minute Book and signed by the President and the Secretary General.
ARTICLE 14. COMPETENCES.-
- 1. The Executive Committee, as maximum collegiate leadership body of CERMI, will hold all functions and competences necessary to fulfil the objectives contained in the statutes, without detriment to the faculties granted by the Assembly of Representatives through agreements adopted by 51% of the votes.
- 2. In any case, the Executive Committee will be of charge of:
- a) Keeping watch on the faithful observance of the contents of the current Statutes.
- b) Formulating the Annual Accounts and the Annual Income and Expenses Budget to be presented to the Assembly of Representatives.
- c) Proposing the admission of new members with the category of partners to the Assembly of Representatives and accepting related Organizations, informing the first Assembly of Representatives to be held about agreed admissions.
- d) Adopting decisions, setting positions and taking all necessary steps for the smooth operation and the correct achievement of all the objectives of the Association.
- e) Designating and replacing the Secretary General through a decision adopted by a two- third majority.
- f) Preparing studies and reports necessary for presentation of resolutions proposals to the Assembly of Representatives.
- g) Creating Commissions and Working Groups and designating the responsible persons for preparation, study and analysis of certain matters, when required by the volume of issues to be dealt with by CERMI.
- h) Designating persons commissioned for certain issues, with long and confirmed experience in the disability sector, who are members of CERMI Organizations, to carry out activities of general interest for the Association, as assigned by the Executive Committee. They will adapt their actions to the guidelines given by the Executive Committee and the Secretary General, reporting on their activities to both.
- i) Interpreting the rules contained in the Statutes and filling their gaps, in accordance with current legal regulations with regards associations.
- j) Elaborating, where appropriate, the Internal Rules of Procedures as well as the voting rules and regulations which will have to be approved by the Assembly of Representatives.
- k) Agreeing on the announcement of general or partial elections.
- l) Designating formal CERMI representatives, to all possible legal effects in each case, in different participating bodies, public and private institutions, at national, European and international level, trying to reach equal representation between men and women.
- m) Deciding on questions of organization within its field of competence.
- n) Deciding on the creation of official information tools of the Organization to forward to the disability sector, the public authorities and the public opinion in general, the informative reality on disability CERMI’s positions and activities.
- o) Deciding on the integration of CERMI in entities or organizations existing or newly created as a partner, member or promoter, either exclusively, either in concert with others, reporting to the Assembly of Representatives immediately held.
- p) Implementing decisions in case of disagreements between partners, solving, if appropriate, conflicts raised.
- q) Deciding on the constitution of Foundations or another entities, depending directly on CERMI or that will support or complement the purposes of the Entity
- r) And everything else that the current Statutes could confer to it.
THE PERMANENT COMMISSION OF THE EXECUTIVE COMMITTEE
ARTICLE 15. THE PERMANENTE COMMISSION
- 1. It is the collegiate body subordinate to the Executive Committee in charge fundamentally and basically to prepare and facilitate its work and activities.º In case of proved urgency, the Permanent Commission of the Executive Committee will have the power to adopt decisions, set positions and take necessary steps to defend the interests of the Association, informing immediately the Executive Committee, in the first meeting to be organized.
- 2. The Permanent Commission of the Executive Committee will consist of ten full right members, these will be the President, each of the seven Vice-Presidents and the Secretary General of CERMI. Likewise, a member of the Executive Committee will also be part of the Permanent Commission, it will be someone different from above-mentioned people, appointed by this collegiate body upon proposal of the President. The meetings will be attended also, as technical and administrative support, by CERMI’s Executive Director, with the right to speak but not to vote.º Any person considered appropriate by the collegiate body will be able to attend the meetings, as guest and for certain concrete matters, with the right to speak but not to vote.
- 3. The President and the Secretary General of CERMI will also carry the duties of President and Secretary of the Permanent Commission of the Executive Committee.
- 4. To be a member of the Permanent Commission of the Executive Committee, it is indispensable to be part of CERMI’s Executive Committee and hold some of the responsibilities and social positions expressed in section 2 of this article, or if not holding any responsibilities and social positions, be appointed as indicated in the same section. Ceasing to be a member of the Executive Committee or not holding any longer the responsibility or social position will mean ceasing automatically to be a member of the Permanent Commission of the Executive Committee.
- 5. As for its operation, the Executive Committee will determine, through validly adopted agreement, the rules and regulations that the Permanent Commission will have to follow in the performance of the entrusted functions. In any case, the contents of article 13 of the Statutes will have an additional application to the Permanent Commission on this subject, for the operation of the Executive Committee.
THE PRESIDENCY AND THE VICE-PRESIDENCIES
ARTICLE 16. THE PRESIDENCY.-
- 1. The Presidency, as maximum unipersonal body of the Association, is responsible for the running of the Organization, it will promote its activities, supervise the achievement of its objectives and assume its maximum institutional representation, at internal as well as external levels.
- 2. The Presidency will carry out the tasks and functions set in the Statutes and in their implementation rules and regulations, as well as the ones that the Assembly of Representatives and the Executive Committee can validly delegate to it. In any case, the President performs the following functions:
- a) Chair meetings of the Assembly of Representatives, the Executive Committee and the Permanent Commission of the Executive Committee, with the other functions that are part of these responsibilities.
- b) Represent the Organization at institutional and legal levels, binding it through his actions, before any type of public or private, administrative or legal body.
- c) Promote and coordinate, in general, the running of the various representation and government, collegiate or unipersonal, bodies of the Organization, trying to achieve their best operation in accordance with the Statutes and other rules of the Association.
- d) Supervise and ensure the operation of the Statutes and other internal rules of the Organization.
- e) Receive direct information from the General Secretariat on the running and administration of the Organization.
- f) Any functions that the Assembly of Representatives and the Executive Committee may validly grant it.
- 3. The President will be elected, for a period of four years, by the Assembly of Representatives, in an extraordinary voting session convened for this purpose, according the process established in the Statutes and in the Electoral System Rules.
ARTICLE 17. THE VICE-PRESIDENCIES.-
- 1. The seven Vice-Presidencies are unipersonal bodies of higher level that share with the President the tasks of general promotion, coordination and representation of the Organization, offering their support and assistance, under his/her guidance.
- 2. The Vice-Presidents will carry out the tasks and functions set in the Statutes and in its implementation rules and regulations, as well as the ones validly delegated by the Assembly of Representatives, the Executive Committee and the Presidency itself. In any case, the Vice-Presidents will perform the following functions:
- a) Replace the President in case of absence, vacancy, illness or other situations with similar effects, according to the contents of the Statutes and their implementation rules, or, failing that, according to what the Executive Committee decides.
- b) Represent the Organization institutionally in accordance with the Statutes and their implementation rules or according criteria established by the Executive Committee.
- c) Take on responsibility and higher direction of clearly-defined spheres of representative action of the Organization, in accordance with the general or specific distribution agreed by the Executive Committee.
- d) Promote and supervise the activities of Commissions and Working Groups whose responsibility is assigned to them, ensuring the coordination and the fluent contact between these bodies and the Permanent Commission and the Executive Committee.
- e) Receive direct information from the General Secretariat on the running and the regular operation of the Organization.
- f) Any functions that the Assembly of Representatives and the Executive Committee and the Presidency itself may validly grant them.
- 3. The Vice-Presidents will be elected for a period of four years by the Assembly of Representatives, in an extraordinary voting session convened for this purpose, according the process established in the Statutes and in the Electoral System Rules. When one of the Vice-Presidents leaves his/her responsibility in the Organization of origin and this Organization informs CERMI of his/her resulting replacement, the Vice- Presidency in question will be taken up by the person appointed by the Organization of origin, with automatic replacement and no need of an electoral process to cover the vacancy.
THE GENERAL SECRETARIAT AND ITS SUPPORT BODIES
ARTICLE 18. GENERAL SECRETARIAT.-
- 1. The Secretary General is the maximum executive authority for the daily operation of CERMI.
- 2. He/she holds all the functions delegated by the Assembly of Representatives and the Executive Committee and, in any case:
- a) The organization and planning of technical and support services of CERMI.
- b) The management, promotion and control of operations.
- c) The designation and suspension of subordinates, as well as the recruitment and replacement of personnel attached to CERMI.
- d) The management of daily affairs related to assets, finances, human resources and any other areas necessary for a correct operation of affairs.
- e) The legal representation before any type of public or private, administrative or legal body. The widest legal capacities to exercise any action, exception or claim of any kind, in all type of administrative, legal or out-of-court proceedings before persons, entities, public or private organizations and any kind of courts, tribunals or referees; and, specifically, for the introduction, follow-up and conclusion of the above-mentioned proceedings, as well, especially, to relinquish, renounce, capitulate, give way, arbitrate and make all types of statements that could include stay of proceedings by out-of-court solution or unexpected lack of the object. To this effect, lawyers and attorneys can be appointed and given the powers deemed adequate. The Secretary General will inform the Executive Committee of these powers in the first meeting to be held.
- f) The power to certify in general all collegiate bodies for which he/she will be the Secretary.
- 3. The Secretary General will be appointed and replaced by the Executive Committee, with a two-third majority and for a period of four years, for this purpose he/she will have to be a member of the Assembly of Representatives. Anyhow, exceptionally, the Executive will designate for the General Secretariat a person who is not a member of the Assembly of Representatives, in attention to some circumstances and when it is convenient for the interests of the Organization.
- 4. There will be an Executive Direction, as support and assistance body to the General Secretariat, to which it is attached and directly dependent, and to other collegiate and unipersonal bodies of the Association, its holder will be appointed by the Executive Committee upon proposal of the Secretary General. It will carry out the concrete tasks and functions set by the General Secretariat, with the possibility to be given general or specific powers to carry out his/her tasks in the best and most efficient manner.
ECONOMIC AND FINANCIAL STATUS
ARTÍCLE 19. ECONOMIC AND FINANCIAL RESSOURCES.-
CERMI’s economic and financial resources will be:
- CERMI’s asset and its returns.
- Contributions made as membership fees by the Associations or Organizations that make it up.
- Donations, legacies or subsidies that could be received from any public or private Organization or Institution, of any level (community, national, regional, provincial or local), as well as natural persons, aimed at fulfilling social goals.
At the time of setting up CERMI, no specific precautions were taken on founding assets.
ARTÍCLE 20. MEMBERSHIP FEES.-
Contributions made as membership fees will always be considered as ordinary income, and shall be paid on an annual basis during de first half of the year, and always before the Assembly of Representatives Regular meeting.
CERMI members that had no paid membership fees for previous year will loose their right to vote in the Regular, Extraordinary or Electoral Assembly.
ARTICLE 21. ANNUAL ACCOUNTS
CERMI will be in charge of accounts that will reflect the faithful picture of assets, and the economic and financial situation of the organization. It will also have at its disposal an updated inventory of its properties. Likewise, CERMI will hold an updated list of members.
The closing date of the financial year will coincide with the last day of the calendar year.
ARTÍCLE 22. BUDGET.-
CERMI will produce an Annual Income and Expenses Budget, to be formulated by the executive Committee for submission to approval by the Assembly of representatives.
ARTICLE 23. ECONOMIC, FINANCIAL AND MANAGERIAL AUDITS
CERMI undertakes to carry out economic and financial and managerial audits and will encourage its associates to work in this line of transparency and accurate and faithful knowledge of their businesses and activities.
CERMI will impulse a code of ethics and good practice of the non-profit making sector, applying to its business and activities the sector’s conduct guidelines, encouraging also the quality aspects.
THE VOTING PROCESS
ARTICLE 24. THE VOTING SYSTEM.-
- 1. The President and up to seven Vice-Presidents of CERMI will be elected for a period of four years, in accordance with the current Statutes and building upon the voting rules, by the Assembly of Representatives, in an extraordinary session of voting character, organized to this effect.
- 2. The voting call will be the responsibility of the Executive Committee by absolute majority, whether it refers to general election of all members or only in relation with the vacant positions before the end of their mandate and for what remains of the mandate.
- 3. The voting rules, that will adjust themselves to criteria and principles of the democratic system, will have the approval of the Executive Committee and will be notified to all the organizations present in the Assembly of Representatives.
- 4. In the Voting Assembly, each partner organization will be represented by a sole natural person, designated sufficiently in advance before the voting day. The vote will be cast by the person representing each partner organization, duly designated, without detriment to being taken into account according to the weighting voting value contained in the Statutes.
- 5. The ballot will secret. Elections for each position will be carried out through separate ballots.
- 6. Voting rules approved by the Executive Committee will envisage postal vote with due guarantees, where appropriate.
ARTICLE 25. LIST OF CANDIDATES.-
- 1. Each candidate will have to be previously a designated member or a member elect of the Executive Committee, according to the contents of the following section:
- 2. Prior to the voting process contained herewith and the beginning of the corresponding Voting Assembly, the designation or election of Executive Committee members will take place. To this end, the following actions will take place: each founding partner, through its representative in the Voting Assembly, will communicate the names of the two persons that will take part as partners in the Executive Committee. Likewise, six representatives will be elected by and among the regular partners, two by and among the co- opted partners and for by and among the regional partners (Regional CERMIS).
ARTICLE 26. DISSOLUTION.-
CERMI will be dissolved:
- 1) By will of its members expressed in the Assembly of Representatives with the affirmative votes of two thirds of cast votes, including at least the affirmative votes of four of the six founding partners.
- 2) When the total impossibility of fulfilling the objectives for which it was created, is proved.
- 3) When it is justified through legal provision.
ARTICLE 27. SETTLEMENT.-
Once the dissolution has been agreed or, where appropriate, ruled, the settlement of CERMI’s assets will be carried out by the Executive Committee, set up to this effect as Settlement Board.
During the settlement period, the Assembly of Representatives of the Committee will retain full powers and faculties granted by the current Statutes.
ARTICLE 28. ASSIGNMENT OF ASSETS.-
In case of dissolution and once the settlement of all CERMI’s rights and obligations have taken place, the remainder of the funds, if there should be any, will be applied to fulfil general interest purposes similar to previous ones, that will benefit people with disabilities and their families.
FIRST These associate organizations will aspire to become CERMI partners once they fulfil the admission requisites contained in the Statutes.
The Executive Committee of CERMI will have the competence to examine associate organizations, upon the joint proposal of the President and the Secretary General and following the agreement of the Permanent Commission of the Executive Committee, informing about the decision adopted at the first Assembly of Representatives to be held.
The Internal Rules of Procedures will determine precisely the status, within CERMI, of these associate organizations, setting prerogatives, benefits and duties.
SECOND. Former CERMI Presidents, once they have left their position, will be able to be part of the Executive Committee, with the right to speak but not to vote.º Likewise, by delegation of the Executive Committee and the Presidency, they will be able to hold representative and participation functions in the name of CERMI in international and national organizations determined by the Executive Committee.
THIRD. Governing bodies will have the obligation to provide in accessible format all communications, notifications, agreements and, in general, all the information provided to associate organizations and beneficiary persons or organizations.
FOURTH. Exceptionally and for justified reasons, it will be possible to agree on the celebration of virtual meetings of governing bodies of the organization (Assembly of Representatives, Executive Committee, Permanent Commission of the Executive Committee, etc.), whenever the notification agreement contains some mechanisms that guarantee the transparency, adjustment, origin and legal security of deliberation and decision-taking processes.
FIFTH. Without detriment to article 1.2, the Assembly of Representatives will be able to reduce, exceptionally, the objective admission requisites as regards the number of natural persons to become partners and, where appropriate, theº territorial requisites in the case of disabilities with very little impact on statistics but with such an outstanding profile that they single out a disability no represented yet in CERMI.
SIXTH. It will be possible to make all calls, communications, notifications, agreements and, in general, information from or between collegiate and unipersonal bodies of CERMI and the Organization’s associates through the appropriate telematic and electronic means, whenever the rights of associate organizations to information and participation recognized in the Statutes and its implementation rules are guaranteed.