| 'To decide' vs. 'To Manage' - Legal perspective -
19th July 2007
Hi All,
I'd very much appreciate some advice from anyone familiar with International law or the like...
An international student-based NGO 'Z', thats been around since the 50s, is undergoing a period of sensitive but positive change. It is a federation of 'national member organizations', who form the ultimate decision-making body of Z, but meet only 2ce a year, so they are not involved in daily decision-making.
An international team of 20-30ppl run the different aspects of the organization at the international level. However, among these is a small 'executive board'(eb) of 5 members.
Z's constitution is registered in the Dutch Chamber of Commerce. The constitution mentions that the eb 'manages' the organization. Currently
there is an initiative to include in the 'bylaws' of Z to say that the international team is the 'decision-making body'. (Constitution is legally binding, bylaws are not, but the two should not be in conflict)
There is a strong support from individual member states, however with only a few days left for the decision on the proposal, there is a legal issue. Q. Does the task of eb to 'manage' also mean 'to decide/decision-making body' ? - if so, then that means the addition cannot be made in the bylaws, but need a change in the constitution, which is a very hard and longer process.
Or can 'managing' not necessarily mean being the being the 'decision-making body'?
Not sure if anyone would be able to give me their 30liras on this, but there is a lot at stake, and little time for a proper legal consultation;p. Would sincerely appreciate any advice!:)
Cheers! |