(Original: German)

STATUTES

of the

Association

Schweizerisches Institut für Judikative
(Institut suisse de la magistrature
Istituto svizzero per la magistratura
Swiss Institute for the Judiciary)

with its seat in Schötz (Canton of Lucerne)

Article 1 – Name and seat

Under the name

Schweizerisches Institut für Judikative
(Institut suisse de la magistrature
Istituto svizzero per la magistratura
Swiss Institute for the Judiciary)

an association within the meaning of Art. 60 et seq. of the Swiss Civil Code exists with its seat in Schötz.

Article 2 – Purpose

The purpose of the Association is to establish and operate the Swiss Institute for the Judiciary.

The task of the Swiss Institute of the Judiciary is to conduct in-depth scientific research into the function and activity of the Third Estate and to make it more accessible to the public and to the scientific community.

The Institute’s target groups are the judiciary, the legal profession, the public, academia and politics.

The Institute is:

  • part of a national and international network
  • a centre for information, expertise and other services on questions concerning the judiciary;
  • a research centre on the judiciary;
  • a documentation centre;

an institution for the exchange and dissemination of knowledge within the framework of academic conferences in cooperation and consultation with other institutions.

The Institute pursues an interdisciplinary approach. In addition to the focus on the jurisprudential side, political and social science aspects as well as aspects of organisational theory and economics shall be given particular attention.

Article 3 – Means

The funds of the Association for the pursuit of the purpose of the Association shall consist in particular of:

  1. Membership fees, which shall be determined by the General Assembly of the Association on the proposal of the Executive Committee.
  2. Income from events and other activities of the Association as well as from the Association’s assets.
  3. contributions from the public purse
  4. voluntary contributions (sponsorships, donations, legacies, etc.).

Article 4 – Membership

Members of the Association may be natural persons, partnerships and legal entities. Application for membership shall be made in writing to the Executive Committee, which shall make the final decision on admission.

Article 5 – Resignation and exclusion

Resignation from the Association is possible at the end of the calendar year.

The Executive Committee may expel a member who acts contrary to the interests of the Association. Expulsion shall be by majority vote of the Executive Committee. The excluded member may appeal against a decision of the Executive Committee to the next General Assembly of the Association within 30 days of the written notification of the decision. The appeal shall be submitted to the Executive Board. The General Assembly shall decide on the appeal by a majority of one vote more than half of the members present.

Article 6 – Organs of the Association

The organs of the Association shall be

  1. the General Assembly
  2. the Executive Committee

The following are reserved as additional organs

i. the Auditors

Article 7 – The General Assembly

The General Meeting is the supreme body of the Association. It is responsible in particular for

  1. Election and dismissal of the members of the Executive Committee;
  2. Election of the President of the Board;
  3. Election of the auditors, if any;
  4. Acceptance of the Association’s accounts;
  5. Discharge of the Executive Committee;
  6. Determination of the fees to be paid by the members;
  7. Decisions on the adoption and amendment of the Statutes;
  8. Decisions on appeals against decisions of the Executive Committee to exclude members;
  9. Resolutions on the dissolution of the Association;
  10. To pass resolutions on matters reserved to it by law or by the Articles of Association or submitted to it by the Board.

Article 8 – Convocation of the General Meeting of the Association

The General Assembly of the Association shall be convened by the President upon resolution of the Executive Committee. It must also be convened if one fifth of the members so request in writing.

The Annual General Meeting shall be held once a year, at the latest six months after the end of the Association year.

The meeting shall be convened at least 30 days before the ordinary meeting and at least 10 days before the extraordinary meeting. It must contain the business to be transacted.

Meetings of the Association may be held electronically (video conference).

Article 9 – Voting and decision-making

Each member shall have one vote at the General Assembly. The Association Assembly shall pass resolutions and carry out elections by a majority of one vote more than half of the members present, unless otherwise provided by law.

Article 10 – The Executive Committee

The Executive Board shall consist of one or more members. It shall constitute itself with the exception of the President who shall be elected by the General Assembly.

The competence of the Executive Committee shall include in particular

  1. Preparation of the Association Assembly;
  2. Execution of the resolutions of the General Assembly;
  3. Decisions on the admission and possible exclusion of members of the Association;
  4. Dealing with suggestions, applications and complaints from members of the Association;
  5. Preparation of the budget and annual accounts;
  6. Management of the Association’s assets;
  7. Activities related to the fulfilment of the Association’s purpose.

In addition, it shall have all other powers not expressly reserved by law or the Statutes to another organ of the Association.

Article 11 – Representation and Signatory Powers

The Association shall be represented externally by the Executive Committee. The Board shall determine who shall be authorised to sign and the manner of signing.

Article 12 – The Auditors

The General Meeting may elect one or two natural persons as Auditors for a period of one year. The audit may also be entrusted to a legal person alone (e.g. trust company, etc.).

The accounts of the Association shall be closed annually. If auditors have been elected, they shall be obliged to audit the annual accounts of the Association and to report to the General Meeting on the results of their audit.

Article 13 – Liability

Only the assets of the Association shall be liable for the debts of the Association. Any personal liability of its members is expressly excluded (cf. Art. 75a ZGB).

Article 14 – Dissolution and liquidation

The dissolution of the Association requires a ⅔-quorum of the members of the Association present at the Association meeting. If dissolution is decided, the liquidation shall be carried out by the Board, unless the Association Assembly appoints special liquidators.

The net assets remaining after payment of all debts and other charges and after settlement of other obligations shall be allocated to a purpose in accordance with the purpose of the Association by resolution of the Association Assembly.

Article 15 – Entry into force

These Statutes were unanimously adopted at the founding meeting of 22 August 2020 and came into force on that date.