Hello all,
I was driven by the above messages (and by my legal background of course) to have a closer look to the bylaws again,
So a few questions were invoked.
First I am curious (it may be an ignorant question, but I prefer to receive clarity) whether EURALO is indeed registered under any legal system of any European country?
As Art. 1.1. states "1 The Association bears the name “ICANN European Internet Users Forum” (hereinafter referred to as “The Association”) and shall be registered as required by law"
So the question invoked is in order to clarify which law is in fact applicable or shall be applicable (when and if registered) to the Association.
As per the current situation (if understand it correctly) - Euralo represents an association (if not registered) of organisations (legal persons themselves) which activity is followed by norms (bylaws) whose legal nature is quite uncertain.
The Memorandum with ICANN is signed by single organisations, not by EURALO as a legal person.
So I think that there is a point to ask clarifications on the legal basis.
As per the other issues raised in the correspondence - I have some thoughts on these also: Wolf is referring to 11.5.9. of the Bylaws - so I was wondering whether the online voting for Secretariat in 2013 (after the GA in Lisbon) represents a GA itself under the meaning of 11.7 of the bylaws (pointing out specific requirements for a meeting online or other to be a GA) or not.
I will appreciate your opinions and thoughts on the above. Once again - apologies if these issues were already addressed in some way among members.
All the best,
Plamena