By-Laws

The present By-laws were adopted by the Executive Committee as proposed by the Secretary General, in conformity with article 15 of the Statutes.


TITLE I. Election of members

Art. 1

 The election of titular and associate members shall take place according to the conditions provided for under articles 7 and 8 of the Statutes.

Art. 4

Elections take place under conditions to be set down by the Secretary-General.

Art. 2

Any proposal for election in accordance with article 8 of the Statutes must be accompanied by a file containing a written statement of support of membership, a curriculum vitae of the candidate, a list of publications of the candidate and a letter stating that the candidate undertakes to fulfill the obligations incumbent upon the members of the Academy.

Art. 5

Prior to each election, the names, curricula vitae and lists of publications of each candidate for associate membership shall bemade available on a restricted website maintained by the Academy at least one month prior to the time of election. Members who do not have access to the restricted website may notify the Secretary-General and request to have these materials sent to them by mail.

Art. 3

Proposals for election should be, prior to nomination, notified to the Executive Committee of the Academy which may, within a reasonable time, make any comment on a candidacy to the person or the committee having proposed the candidate in question. In this respect, the Executive Committee of the Academy ensures the compliance with the conditions of admission laid down in the statutes and in the By-laws.

Art. 6

Balloting shall take place under conditions to be set down by the Secretary-General.

Ballots shall be secret.

In determining whether the majority required under article 7 (2) first sentence and article 8 (2) first sentence of the Statutes is satisfied, an abstention shall not be counted as a vote.

 

TITLE II. Dues

Art. 7

The amount of dues shall be decided by the Secretary-General in consultation with the Executive Committee.

Art. 8

If a member fails to pay his or her dues, he or she shall be reminded by the Treasurer and be given an extension of time by which to pay them. If a member fails to pay by the time of the extended deadline, the matter shall be referred to the Executive Committee which may take appropriate actions, including the suspension of the right to vote and to receive information. The Treasurer may also recommend the loss of that individual’s membership. The decision to terminate the membership is made by the Executive Committee voting by simple majority of the elected members.

 TITLE III. Executive Committee

Art. 9

The Executive Committee referred to in article 10 of the Statutes shall convene, in person or by correspondence, as appropriate, at least once a year to discuss the activities and administrating operations of the Academy.

Art. 10

The Executive Committee, upon proposal by the Secretary-General, may appoint a Deputy Secretary-General, who shall assist the Secretary-General and the Executive Committee in management of the Academy’s affairs. The mandate of the Deputy Secretary-General ends with the election of a new Executive Committee. The Deputy Secretary-General does not have the capacity to represent the Academy.

TITLE IV. National Committees

Art. 11

A National Committee of the Academy shall, to the extent feasible, be established in each country.

Art. 12

Each National Committee shall be freely constituted by the Academy members originating in the respective country, using, where possible, existing national institutions.

In a country with multiple jurisdictions each jurisdiction that is sufficiently distinct from the others may be represented by a separate Committee.

It is up to the Executive Committee to recognize a Committee. The Executive Committee may also withdraw such recognition where the interest of the Academy so requires.

Art. 13

The Committees shall propose topics for the general congresses of the Academy. They shall also designate national reporters and publish national reports.

TITLE V. Academy Prize

Art. 14

The Academy may, from time to time, decide to award prizes intended to recognize an original scholarly work or article dedicated to comparative law.

It may either award such prizes on its own initiative and with its own funds, or on behalf of appropriate sponsoring institutions. In the latter case, the regulations for the prize shall be elaborated by the Academy in conjunction with the institution(s) sponsoring it.

TITLE VI. Final Provisions

Art. 15

The 2013 By-laws are hereby abrogated.

Considered and adopted by the Executive Committee on 10 February 2017.