The Senate is established by Article 9 of the Constitution (the Constitution) of the International Association of Prosecutors (IAP), and the Rules of Procedure (the Rules) regulate the discharge of the functions of the Senate.
2. Management of the Senate
(i) There shall be a Management Committee of the Senate (the Committee), which shall be the managing and administrative body of the Senate.
(ii) The officers of the Committee shall comprise the Chairman of the Senate (the Chair), the Vice Chair of the Senate (the Vice Chair), and the Honorary Secretary of the Senate (the Honorary Secretary). The Chair and the Vice Chair shall be IAP Senators, elected by the Senate after a nomination by at least one Senator, and shall serve one term of 3 years, and be eligible for re-election. The Honorary Secretary shall be an officer of the IAP, who shall be appointed by the Senate on the advice of the Chair, and shall serve one term of 3 years, and be eligible for re-appointment.
(iii) The Chair is the senior Senator, and shall:
(a) preside at the meetings of the Committee and of the Senate;
(b) be responsible for liaison with the IAP President, the IAP Executive Committee and the IAP Secretariat;
(c) promote the interests of the Senate, and represent the Senate as required in its dealings with other bodies;
(d) be responsible for ensuring the effective discharge of the mandate entrusted to the Senate under Article 9.3 of the Constitution;
(e) ensure that the affairs of the Senate and of the Committee are conducted in accordance with the Rules.
(iv) The Vice Chair shall assist the Chair as required in the discharge of his/her functions, and may exercise the powers of the Chair if the Chair is at any time unable to act or is otherwise unavailable to act.
(v) The Honorary Secretary shall be responsible for providing logistical support to the Chair and the Vice Chair, for maintaining the records of the Senate, including the minutes of the meetings of the Committee and of the Senate, and for facilitating the work of the Senate.
(vi) The Committee shall be responsible for identifying the Senators who wish to contribute to the work of the Senate (the active Senators), and for maintaining liaison with the active Senators. The active Senators constitute the Senate for the purposes of the Rules.
(vii) In the event of the resignation, incapacity or death of an officer of the Committee, the Chair or the Vice Chair shall notify the President of the IAP and the active Senators, and the active Senators may appoint a Senator, if the officer of the Committee is the Chair or the Vice Chair, or an officer of the IAP, if the officer of the Committee is the Honorary Secretary, to discharge the remainder of the term of the officer of the Committee who has resigned, etc.
(viii) The Committee, which may discharge its business as it deems fit, and if necessary by means of electronic tele-communication, shall meet as and when required, and shall be responsible for convening the meetings of the Senate, of which there should, save in exceptional circumstances, be not less than one each year. Exceptional circumstances to justify the non-holding of at least one meeting of the Senate in a year might arise if a quorum cannot be constituted, or if this is otherwise impracticable, or if there is no business for the Senate to consider.
(ix) The principal meeting of the Senate will normally be held at the Annual Conference and General Meeting of the IAP. At a meeting of the Senate, a quorum shall be constituted by not less than three Senators. Decisions of the Senate shall be by a simple majority of the Senators entitled to vote and voting, unless otherwise provided for by the Rules.
(x) If a meeting of the Senate is not convened in a year in which an election or appointment of officers of the Committee is scheduled, the Chair may approve an election or appointment in the absence of a formal meeting, and the votes of the active Senators, in the case of the Chair or the Vice Chair, or the approval of the active Senators, in the case of the Honorary Secretary, shall be ascertained by appropriate alternative methods.
(xi) The Committee may take decisions in relation to any matter concerning the management and administration of the Senate, save as otherwise provided for by the Rules, and shall determine which matters require a referral to the Senate. Decisions of the Committee shall be by consensus.
(xii) The Committee shall inform the Senate of any decisions of substance it has taken, and shall give its reasons. Any decision of the Committee concerning the status of the Senate, or an alteration to the functions of the Senate, or having financial implications for the Senate, shall normally be referred to the Senate for approval, save where the matter is urgent, in which case ex post facto approval of a decision may be sought.
(xiii) A Senator shall be entitled to vote in a decision of the Senate if present at the Senate meeting or by proxy or by means of electronic telecommunication. A proxy may be given in writing or by electronic telecommunication to a Senator present at the meeting. A vote may be made by electronic telecommunication made no less than 5 days before the meeting to any proposed decision of the Senate of which notice has been given to the Senate at least 14 days before the meeting, including notice of an intention by a Senator to seek elected office in the Senate.
3. Amendment of the Rules
The Rules may be proposed for amendment by a vote of the Senate, at which not less than two-thirds of the Senators entitled to vote and voting support the proposed amendment. An amendment proposed by the Senate is subject to acceptance by the IAP Executive Committee.
(Adopted on 9 September 2018)