Statute

 

STATUTE OF THE ITALIAN PIRATE PARTY

NON-PROFIT FREE ASSOCIATION BETWEEN CITIZENS

 

TITLE I: NAME AND SEAT
Article 1. Incorporation and purpose
It is established Partito Pirata (PP for short), Association of Citizens (hereinafter the “Association”).
Partito Pirata is a non-profit organization and is a non-commercial entity pursuant to Legislative Decree n. 460/97. Partito Pirata relies on the scientific, educational, artistic and cultural contribution as well as the active participation of the Pirates.
Partito Pirata is independent of any political party or political association or trade union.
Article 2. Seat
Partito Pirata headquarters at the residence of the Bureaucrat in charge.

TITLE II: PURPOSE
Article 3. Purposes
The Association has the following purposes:
1. promote the dignity of human beings and the primacy of their rights with respect to those of states, companies and other entities;
2. promote the fundamental rights recognized by the Universal Declaration of Human Rights and other treaties of international law and the Italian Constitution;
3. promote the protection of civil rights, particularly in the digital environment;
4. promote transparency;
5. promote participatory democracy.
To achieve its objectives the Association:
a. carries out political activities in any form or manner;
b. processes in a participatory way a Manifesto detailing the system of values and goals of the Partito Pirata;
c. promotes the study and modification of national and international law, in particular in the sphere of culture, copyright and privacy;
d. promotes the exchange of ideas and information among citizens in order to facilitate the evolution of regulations in the interests of citizens;
e. promotes and participates in studies, research projects, cultural exchanges, scientific and artistic cooperation, and training;
f. promotes and implements the printing and distribution of books, journals, articles, magazines or publications of any kind and nature, including audiovisual, on computer and electronic media or disseminated on the Internet;
g. promotes the development and maintenance of a website (partito-pirata.it and dot eu / info / net / org):
sub a. for any act related to the fulfillment of its institutional purposes;
sub b. for the dissemination of related materials regulations, case law and doctrine;
sub c. for the publication and dissemination of the information bulletin and notices of the members;
h. participates to the processes of consultation of public authorities, Italian and European;
i. fosters and promotes the use of instruments of collective protection provided by national and Community legal systems;
l. promotes and organizes meetings, conferences, lectures, seminars, courses;
m. promotes and conducts research in the field and disseminates the results both within the scientific / academic community and the wider public;
n. provides information, advice and collaboration;
o. promotes service facilities for the pursuit of its objectives;
p. performs any other act necessary to achieve its purposes.
Partito Pirata carries out any action that directly or indirectly contributes to achieve its purposes, on its own and in cooperation with other national and supra-national associations, companies or entities.
In particular, the Partito Pirata promotes and carries out all necessary and appropriate connections with the various academic communities, Italian and international, with political bodies and administrative local, national and supra-national, with associations, organizations and institutions.

TITLE III: PIRATES
Article 4. Pirate membership
It is possible to become a member, hence gaining the quality of being a Pirate for anyone who:
a) accepts to contribute to fulfill the purposes of the Party;
b) agrees and undertakes to comply with the Statute, the Manifesto, the Regulations and the decisions of the Party.
All the Pirates have the same rights and duties under the law and the Statute.
All the Pirates may participate in any meeting of the Partito Pirata.
It is expressly excluded any form of temporary nature of the social membership.
All Pirates of major age in order with the payment of the membership fees are entitled to vote at the Assembly according to the criterion of one vote per head including for approval and amendments of the Statute, the Manifesto and the Regulations and for the appointment of officers of the Partito Pirata.
All Pirates are free to take the offices of the Association.
Membership of the Partito Pirata is voluntary.
Article 5. Admission of the Pirate
Admission is subject to submission of an application in which the applicant certifies the possession of the requirements of Article. 4.
The admission of the Pirate is approved with the procedure chosen by the Assembly with a Regulation.
The number of the Pirates is unlimited.
Article 6. Withdrawal and exclusion of Pirates
The quality of Pirate is lost in case of:
a) withdrawal,
b) exclusion for persistent breach of the obligations imposed by the Statute, the Manifesto, the Regulations and the decisions of the Partito Pirata,
c) exclusion for damage to the purposes of the Partito Pirata.
The Assembly shall set by Regulation the procedures to follow on the decision about the exclusion of the Pirate. In any case, the decision must be motivated and shall take effect on the thirtieth day following that of its communication. Within that period the exclusion can be challenged by the Pirate appealing to the decision of the Assembly.
Article 7. Membership fee
The Assembly, if and when it deems it appropriate, may establish that the Pirates are required to pay a membership fee and establish the amount.

TITLE IV – SECTIONS AND OFFICES
Article 8. Sections of the Partito Pirata
Pirates may establish sections with local offices of the Partito Pirata.
The local sections are required to comply with the Statute, the Regulations and the Manifesto of the Partito Pirata.
The local sections may be established as legal entity.
Each section is financially autonomous.

TITLE V – ASSETS
Article 9. Assets
The assets of the Partito Pirata is made up of:
a) any fees paid by Pirates ,
b) income from the provision of services and the development of activities, including commercial activities,
c) movable and immovable assets, contributions, liberalities, grants, loans, donations or gifts of any kind, however, received by the Partito Pirata by public or private persons.
Profits, surplus funds and resources of the Partito Pirata may only be used for the attainment of the purposes referred to in Article 3 of the Statute.
It is expressly forbidden to distribute, even indirectly, profits and surplus funds, reserves or capital during the life of the Partito Pirata unless the destination or distribution is required by law.

TITLE VI – ORGANIZATION
Article 10. Bodies
The bodies of the Partito Pirata are:
a) Assembly;
b) Bureaucrat;
c) Treasurer.

SECTION I – ASSEMBLY
Article 11. Duties of the Assembly
The Assembly is the sovereign body of the Partito Pirata and may act on any matter relating to life, organization and activities of the Partito Pirata.
In any case, the Assembly must approve each year by March 31 the final balance and the budget submitted by the Treasurer.
The Assembly may delegate, if and when it considers the opportunity, certain executive and / or technical-organizational functions to one or more Pirates.
All Pirates can participate to the the Assembly and all Pirates in order with the payment of any fee due at the time of the vote may cast their vote.
Article 12. Meetings of the Occasional Assembly
The Occasional Assembly meets at least once a year. It is possible to participate to the Occasional Assembly also with telematic means (“Virtual Meeting”).
The technical details of the Virtual Meeting shall be determined by a Regulation to be approved by the Assembly.
The telematic vote is expressly permitted and considered valid when the notice convening the Occasional Assembly contains the full text of the proposed resolution and the vote is made in the manner prescribed by the Regulations approved by the Assembly.
Article 13. Calling of the Occasional Assembly
The convening of the Occasional Assembly is proposed by any one of the Pirates indicating the agenda, date and place of physical meeting and Virtual Meeting and must be approved by the Permanent Assembly.
The Occasional Assembly must be convened at least 30 days before the date fixed, and within the same period, is affixed to the bulletin board of the Association.
The Occasional Assembly that approves the amendments to the Statute or the Manifesto must be convened at least 90 days before the date set for the meeting and, within the same period, is affixed to the bulletin board of the Association.
Article 14. Moderation and verbalization of the Occasional Assembly
The Occasional Assembly is chaired by the person named by the Assembly.
The minutes of the meetings and resolutions of the Occasional Assembly are drawn up and published in the bulletin board of the Association, by the person named by the Assembly, within 3 days after the closing of the Occasional Assembly.
Article 15. Constitution of Occasional Assembly
The Occasional Assembly is quorate regardless of the number of Pirates who participate.
Article 16. Occasional Assembly majorities
Resolutions to amend the Statute or the Manifesto are taken with the favorable vote of three-fourths of the Pirates participating in the Occasional Assembly having the right to vote.
Except as provided above, the decisions of the Occasional Assembly are taken by simple majority of the Pirates participating in the Occasional Assembly having the right to vote.
Article 17. Permanent Assembly
The Partito Pirata is constituted in Permanent Assembly in which all the Pirates may propose, discuss and improve the proposals and decide according to the rules of the Statute using a technical platform (the “Platform”).
The Assembly chooses with Regulation the platform to use to allow the operation of the Permanent Assembly and the functional options of the Platform to be adopted.
The platform can implement voting algorithms such as the “Schulze method”.
The Permanent Assembly shall adopt:
a) a discussion period of 90 days for amendments to the Statute or the Manifesto;
b) ordinarily, but subject to the provisions in paragraph a), a discussion period of 30 days;
c) subject to the provisions of paragraph a), a discussion period and operating policies shorter than 30 days in the cases provided by the Assembly;
d) a quorum of 75% majority for the vote of amendments to the Statute or the Manifesto;
e) a quorum of 50% majority for the approval of balances and budgets;
f) subject to the limits provided under paragraph d) and e), majority quorums different in the cases provided by the Assembly;
g) delegation options approved by the Assembly.

SECTION II – BUREAUCRAT
Article 18. Tasks of the Bureaucrat
The Bureaucrat is the substantive and procedural representation of the Association.
The Bureaucrat complies with the deliberations of the Assembly.
Article 19. Election of the Bureaucrat
The Bureaucrat is elected by the Assembly from among its members and shall hold office for two years.
After termination of its mandate the Bureaucrat supports the bureaucrat in office after offering advice and cooperation.

SECTION III – TREASURER
Article 20. Treasurer
The Treasurer shall:
a) take care of the assets of the Partito Pirata
b) keep a register of accounting,
c) keep any supporting documentation,
d) refer and report annually to the Assembly,
e) ensure that any expenditure is made subject to authorization by the Permanent Assembly,
f) provide for the collection of any annual membership fees,
g) prepare the budget and final balance and submit them annually to the Assembly,
h) update the database of the Pirates.
The Treasurer is elected by the Assembly from among its members and shall hold office for two years.
After termination of its mandate the Treasurer supports the following Treasurer offering advice and cooperation.

TITLE VIII: FINAL RULES
Article 21. Termination
In the event of termination of the Association for any reason, its assets will be transferred to the United Nations Educational, Scientific and Cultural Organization (UNESCO).
Article 22. References
For matters not provided by this Statute, the rules of the Civil Code governing non-recognized associations will apply.