Statutes

Below, you'll find an English translation of the EMCY Statutes: the document which dictates how we function as an association registered under German law. The legally binding version is in German, and can be requested from the EMCY Office.

§ 1. Name, Head Office and Aims
§ 2. Tasks
§ 3. Membership
§ 4. Bodies
§ 5. Miscellaneous
§ 6. Enactment of the Statutes
Internal Rules of Procedure: Acceptance of new members


Foreword

EMCY was founded in 1970 in Brussels as a union of national music competitions. The founder members were the competitions “Pro Civitate” (Belgium), ”Les tournois du royaume de la musique” (France) and ”Jugend musiziert” (Germany). During the 1970s and 1980s more national music competitions of other European countries were admitted. Since 1992 international music competitions have also been able to become members.
The head office was originally in Brussels, housed by the Belgian ”Credit Communal”. It was legally registered under Belgian law as an international organisation. At the General Assembly in Dublin 1996 the representatives of the EMCY members unanimously agreed to move the head office to Munich, Germany. EMCY became a registered association under German law. For this the statutes were newly formed and EMCY was registered in Munich (as an “e.V” - registered association).

§ 1.
Name, Head Office and Aims

1. The association is named “Europäische Union der Musikwettbewerbe für die Jugend e.V. - European Union of Music Competitions for Youth - Union Européenne des Concours de Musique pour la Jeunesse”, abbreviated to “EMCY”. EMCY takes on the legal form of an international association under German law and is registered as an association in Munich.
2. The notion “Europe” is used in the sense of the Council of Europe.
3. EMCY, its office and its archive are based in Munich
4. The aims of EMCY are exclusively and directly to promote common aims in the sense of “goals benefiting from tax exemption” of the tax law.
5. Purpose of the association:
   a) Promotion of education, arts and culture. This purpose is realised in particular through projects and plans which serve to support music, musical education and youth music
   b) Promotion of measures to help young people. This will be achieved by supporting educational musical measures, exchanges between young musicians on an international level and promoting understanding and collaboration in Europe on both a personal and a professional level.
6. The funds of the association must only be used for goals described in the statutes. The members do not receive any financial support from the funds of the association.
7. The association is a non-profit making organisation. It does not pursue goals primarily serving its own economic interest.
8. It is not allowed to favour any individual through payments non-related to the purpose of the association or by especially high financial compensations.
9. In case of the liquidation of the association, or in case of a loss of its tax exemption, its funds will go to a legal body or to another tax-privileged body which serves education and youth work.

§ 2.
Tasks

In particular, the mission of the statutes will be implemented through:

1. The development of a range of competitions in European countries based upon educational principles, of high quality, with consideration of the interests of musicians of any age and representing all musical disciplines and all styles of music;
2. The building of a network of organisers of youth music competitions in order to stimulate co-operation and the exchange of musical and educational knowledge and experience
3. The development of an educational follow-up programme to support and promote prize winners of national and international competitions, for example through European competitions, concerts, festivals, seminars and other activities which serve the pedagogical care and musical development of young gifted musicians.
4. The organisation of a European competition for prize winners of national youth music competitions, the European Music Prize for Youth, which should take place every year in a different European country.
5. The stimulation of interest of the responsible national and European authorities and of the public for issues concerning musical education and the support and promotion of particularly gifted young people.
6. The maintenance of regular contact with international organisations that are related to the work of EMCY, such as the Council of Europe, the European Union, UNESCO, the International Music Council, the European Music Council, Jeunesses Musicales International, the World Federation of International Music Competitions, the International Society for Music Education (ISME), the European Music Schools Union (EMU), European Broadcasting Union (EBU);
7. Collaboration with national and international competitions, festivals and other organisations that work for and with youth.

§ 3.
Membership

1. EMCY members must be persons or organisations of legal standing.
2. There are the following types of EMCY members: ordinary members, extraordinary members, associated members, promotional members and individual members.
   a) Ordinary members can be legal or natural persons or organisations that organise music competitions and festivals on a regular basis on a national or international level which act as a comparison of standards and achievements of children and young people up to 25 years old - from amateurs to pre-professional musicians – in Europe.
   b) Extraordinary members can be legal or natural persons or organisations with the status of observers or of a guest member (no right to vote)
   c) Associated members can be legal or natural persons or organisations working in the field of musical education or cultural politics (no right to vote).
   d) Promotional members can be legal or natural persons or organisations who wish to support the work, aims, working methods and specific projects of EMCY
   e) Individual members can be natural persons or organisations.
3. Acceptance and Termination of Membership
   a) The Board decides whether to accept new members after having consulted the EMCY ordinary members. The procedure is determined by the internal regulations (*)
   b) If a member resigns or ceases its activities its membership of the EMCY expires at the end of the calendar year. The written declaration of resignation from the official representative of the member must reach the EMCY office by 1st October at the latest.
   c) In case of severe violation against the interests of the association and its statutes the General Assembly can decide to exclude a member organisation after having heard their case. Two thirds (2/3) of the present member organisations must agree on the exclusion of a member for it to be enforced.
   d) The procedures and conditions of admission, change or exclusion of membership are determined by the internal regulations.

§ 4.
Bodies

• 1. General Assembly

1. The General Assembly is made up of the ordinary members. It is the highest body of the EMCY. Each ordinary member has one vote held by the official representative of each organisation. The General Assembly gathers, as a rule, every two years. The General Assembly is called by the board and a written invitation and agenda of the meeting must be sent to the members at least two months before it takes place. The General Assembly has power to make decisions when all the members have been duly invited and more than half of the ordinary members are present in person or through their proxy. The office must receive these proxies in written form. An ordinary member has a maximum of two votes. Decisions are taken by simple majority. Decisions concerning changes to the statutes or the dissolution of the association have to be mentioned in the agenda together with the invitation for the General Assembly and require a three-quarters majority of the members present. Extraordinary members and associated members are allowed to take part in the discussions but have no vote. Each member of the Board has one vote. In addition to this vote, each board member can hold one proxy from an ordinary member or another board member.
2. The General Assembly has the following duties:
   a) the election of the Board
   b) the changing of the statutes
   c) the definition of the main emphases of the activities
   d) advice concerning the budget
   e) the election of two financial controllers
   f) the adoption of the activity and financial report
   g) the discharging of the board
   h) the appointment of honorary members
   i) the definition of the membership contributions with regards to the amount and payment date
   j) the acceptance of new members
   k)the exclusion of members
   l) the nomination and acceptance of members of an honorary board
   m) the establishment of working groups
3. The General Assembly can design its internal rules in which tasks and procedures are defined.

• 2. Board

1. The Board is elected for a period of four years and is composed of five members:
   a) President.
   b) two Vice-Presidents (one for national competitions, and one for international competitions)
   c) two other persons as assessors (one for national competitions, and one for international competitions).
2. The Board is elected for four years and remains in duty until the next elections.
3. The President and the Vice-Presidents represent the Board according to §26 of the BGB (German Law) in every judicial and non-judicial aspect.
4. Members of the Board are individual members of EMCY.
5. The Board may appoint the Secretary General and his or her representative as well as delegating work to him or her. In this case the Secretary General is a special representative of the association according to §30 of the BGB (German Law), and takes care of all regular affairs of the EMCY. He or she is entitled to enter into commitments within the framework of the budget. His or her duties include all legal transactions necessary to fulfil the regular work for EMCY, apart from legal transactions which are greater than the budget decided upon and the property of the association.
6. The Board has the following duties:
   a) implementation of the decisions of the General Assembly
   b) preparation, calling and chairing of the General Assembly
   c) decisions concerning the budget
   d) public relations
   e) representation of EMCY and maintenance of contacts
   f) care of the honorary board
   g) decisions concerning the changing of location of the EMCY office
7. The other procedures and duties are defined in the internal regulations.
   
   

• 3. Honorary Committee

1. The General Assembly can set up an Honorary Committee.
2. The procedures and duties are defined by the internal regulations.

§ 5.
Miscellaneous

1. The financial year is the calendar year.
2. The auditing of the books is carried out by two financial controllers who are elected by the General Assembly.
3. The members of the Board take on legal responsibility but only for the property of the association.
4. Each member competition is autonomous as far as its activities and the financing of its projects are concerned.
5. The resolutions of all meetings shall be put on record and signed by the chairman of the session and by the keeper of the minutes.
6. If a point is questioned, the German text prevails.

§ 6.
Enactment of the Statutes

The statutes were passed in Oslo (Norway) on 25th October 1998. They were altered by the General Assembly in Cologne (Germany) on 23rd May 1999, by the member meeting in Chipiona (Spain) on 15th December 2000, by the General Assembly in St. Petersburg (Russia) on 3rd November 2006 and by the General Assembly in Kiev (Ukraine) on 30th October 2008. They are herewith enacted.

EMCY was enrolled in the register of associations in Munich on March 13th 2000 under the no. VR 16803


Internal Rules of Procedure: Acceptance of new members

1. The admission of new members is decided by the Board.
2. The Board sends all ordinary members of EMCY its proposal of new members, together with the necessary information about them.
3. The members are obliged to express their opinion on this proposal in writing to the Board within 2 months and with this to deliver their vote.
4. The Board evaluates the responses of the members
5. If more than 50% of the members agree the Board can accept the applicant as a member. If any member objects strongly the decision will be made by the General Assembly.

Date: November 2008 (amended at the EMCY General Assembly 2008 in Kiev, Ukraine)