Amendments to the IAP Constitution
6/1/2017
Proposals to amend IAP Constitution articles 9 and 19.1 to be approved by the General Meeting, Wednesday, 13 September 2017 in Beijing.
With reference to article 16 of the Constitution of our Association (Amendment of the Constitution) please take following note into consideration:
During the Northern Spring Meeting of the Executive Committee in Busan in April this year the Executive Committee has voted to recommend on two amendments of the Constitution of our Association.
The Executive Committee recommends the following two amendments for art. 9 and 19.1.
1) The IAP Constitution article 9 currently reads:
The Senate
9.1 There shall be a Senate comprised of all past members of the Executive Committee.
9.2 The Senate shall have the following mandate:
(a) on request or on its own initiative, to provide recommendations to the Executive Committee or the President on any subject relevant to the objects and functioning of the Association:
(b) to assume any responsibility assigned to it by the Executive Committee or the President in pursuance of such objects or functioning.
9.3 Members of the Senate shall serve for life or until they resign and shall have all rights, privileges and obligations of membership of the Association but shall not be obliged to pay individual membership dues.
9.4 This article shall not apply to a member of the Executive Committee who has been dismissed pursuant to Article 8.8 and Article 14.2 (c).
Proposal: To replace existing provision with the following version:
The Senate
9.1 There shall be a Senate comprised of all past members of the Executive Committee who:
(a) elect to join the Senate upon their departure from the Executive Committee; and
(b) are, at the time of such departure, in the opinion of the President and the Executive Committee, fit and proper persons of good standing and repute in the Association; and
(c) remain, in the opinion of the Senate and the Executive Committee, fit and proper persons of good standing and repute.
9.2 If the Senate or the Executive Committee becomes aware that a Member of the Senate may no longer be a fit and proper person of good standing and repute, the Secretariat will, on the request of the President, undertake a review, and the procedures contained in the Constitution (Annex 3, paragraphs 1 to 6 inclusive), suitably adapted, will be followed, with the Member being liable to expulsion, without the involvement of the General Meeting.
9.3 The Senate shall have the following mandate:
(a) on request or on its own initiative, to provide recommendations to the Executive Committee or the President on any subject relevant to the objects and functioning of the Association;
(b) to assume any responsibility assigned to it by the Executive Committee or the President in pursuance of such objects or functioning.
9.4 Members of the Senate shall serve for life, or until they resign, and shall enjoy all the rights, privileges and obligations of membership of the Association, but shall not be obliged to pay individual membership dues.
9.5 The Senate may adopt its own rules of procedure, subject to acceptance by the Executive Committee.
9.6 This article shall not apply to a member of the Executive Committee who has been dismissed pursuant to Article 8.8 and Article 14.2 (c).
2) The current IAP Constitution art. 19.1 reads:
“Prosecutor” means any lawyer who is or has been appointed by or on behalf of the state or other public authority to prosecute criminal offences or who is or has been elected for that purpose and includes lawyers who have regularly been retained by a prosecutor so appointed or elected to conduct or assist in the conduct of criminal prosecutions and also includes examining magistrates;
Proposal: To replace existing provision with the following version:
“Prosecutor” means a lawyer who is or has been appointed by or on behalf of a state, or other public authority, including an international public authority, to institute or conduct criminal proceedings or to perform other functions in a prosecution service in accordance with law, or who is elected for that purpose, and includes a lawyer who has regularly been retained by a prosecutor so appointed or elected to conduct or assist in the conduct of criminal prosecutions and also includes an examining magistrate;
The amendment shall have immediate effect.