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.
Preamble
The European Union of Music Competitions for Youth (EMCY) is the umbrella organisation for national and international music competitions for young people. EMCY was founded in 1970 as a union of national music competitions for the development, support and promotion of the musical education of young talents in the pre-professional stage as well as of the collaboration and exchange between music competitions for youth on a European level. Since 1992 international music competitions have also become members.
§ 1
Name, Legal Status and Registered Office
1. The Association bears the name “Europäische Union der Musikwettbewerbe für die Jugend – European Union of Music Competitions for Youth – EMCY – e.V.” (Union européenne des concours de musique pour la jeunesse), henceforth abbreviated to EMCY. EMCY is an international association in the legal form of an association according to German law and is registered under the number VR 16803 at the Munich Register of Associations.
2. The term Europe includes the member states of the Council of Europe.
3. EMCY has its legal seat in Munich.
4. The funds of the Association may only be used for statutory purposes. The members receive no contributions from the funds of the Association.
5. The Association’s work is not for profit. It does not pursue aims primarily serving its own economic interest.
6. No person may be favoured through expenditure unrelated to the purposes of the Association or through disproportionately high payments.
§ 2
Aims and Tasks
1. The Association serves the support and promotion of:
- art and culture
- education, vocational and continuing training
- international understanding and tolerance in all forms of culture
2. The statutory aims are realised primarily through:
2.1. Supporting and advising competition organisers in all European countries. This support is for non-profit competitions which are based upon music-educational principles, firm quality, and which take into account the interests of young musicians. All disciplines and musical styles are included.
2.2. Development and cultivation of a network of organisers of youth music competitions through the organisation of conferences and workshops in order to facilitate cooperation and exchange of music-educational experiences.
2.3. Applying, maintaining and promoting the EMCY Quality Standards
2.4. Promoting, supporting and carrying out projects such as concerts, tours, master classes and workshops for the further educational care and for the artistic as well as personal development of competition participants. These projects are organised on a non-profit basis; serve the support of music, music education and musical practice of young people; and promote, support and develop international youth exchange for understanding and cooperation in Europe, both in human and professional aspects.
2.5. The organisation of a European competition, the European Music Prize for Youth, for prize winners of national youth music competitions which should take place every year in a different European country.
2.6. Stimulating interest from the responsible national and European authorities, and of the public, for music-education and musical training issues as well as for the promotion and support of particularly talented young people.
2.7. Working together with regional, national and international organisations in the sphere of youth and culture.
2.8. Other activities which are organised on a non-profit basis and do not contradict the main aims of the Association as they are set forth in these statutes.
§ 3
Members
1. Members of EMCY are persons of legal capacity.
2. There are the following kinds of membership of EMCY: ordinary members, individual members and honorary members.
2.1. Ordinary Members are legal or natural persons which regularly organise on a national and/or international level in Europe music competitions for children and young people up to the age of c. 25 years.
2.2. Individual members are the members of the Board by virtue of the office.
2.3. Honorary members can be appointed by the General Assembly upon the recommendation of the Board as recognition of special services.
3. Acceptance and termination of membership
3.1. The Board makes decisions about the admission of new ordinary members after consulting the ordinary EMCY members, according to the Internal Regulations for the Admission and Exclusion of EMCY Member Competitions.
3.2. Membership comes to an end due to the withdrawal or end of activities of a member at the end of the calendar year. The notice of withdrawal must be communicated by the official representative of the competition in writing to the EMCY office by 1st October.
3.3. The Board makes decisions about the exclusion of ordinary members due to severe violation of the aims, statutes, decisions, Quality Standards and interests of the Association. It is possible to appeal against the exclusion to the internal disciplinary committee of the Association. The decision of the disciplinary committee is final. The procedure is determined by internal regulations.
§ 4
Organs
1.General Assembly
1.1.The ordinary members constitute the General Assembly. This is the highest body of EMCY and usually meets every two years.
1.2.The General Assembly is to be convened by the Board in writing at the latest 2 months in advance stating the items of the agenda.
1.3.The General Assembly constitutes a quorum, irrespective of the number of members present, when all members have been accordingly invited.
1.4.Decisions require a simple majority of votes. Decisions regarding statutory changes and the dissolution of the Association must be announced in the agenda sent with the invitation and require a majority of ¾ of the votes.
1.5.Each ordinary member has one vote. Each ordinary member decides upon the delegate which exercises this vote. Each ordinary member can vote on behalf of one further member. The proxy must be presented to the office in writing. Each member of the Board has one vote as individual member. Each person with voting powers can exercise a maximum of three votes.
1.6.Tasks of the General Assembly are:
1.6.1. Election of the Board
1.6.2. Statutory changes
1.6.3. Decisions about priorities of the work programme
1.6.4. Approval of the activity and financial reports
1.6.5. Approval of the annual financial statements and of the budget
1.6.6. Discharge of the Board
1.6.7. Election of auditors
1.6.8. Election of disciplinary committee
1.6.9. Determination of the amount of membership fees
1.6.10. Nomination and admission of personalities in the Honorary Committee
1.6.11. Establishment of working groups
1.6.12. Appointment of honorary members
1.7. The General Assembly can issue internal regulations in which further tasks and procedures are determined.
2. Board
2.1. The Board is made up of five members:
2.1.1. President
2.1.2. Two Vice-Presidents, one from the area of national, one from the area of international competitions
2.1.3. Two further persons as Board Members, one from the area of national, one from the area of international competitions
2.2. The Board is elected for four years and remains in office until the election of a new Board. If a Board Member resigns during their period of office, the next Board Member in line in this area (national/international competitions) succeeds them. If the President resigns, the remaining Board Members decide which of the Vice-Presidents take on the office of the President. In order to be able to replace the position of a Board Member (who has succeeded a Vice-President or resigned), the General Assembly elects two replacement Board Members, one for the national and one for the international area. The next General Assembly re-elects the vacant positions which were temporarily occupied by the successors. If the successors are not confirmed in their new positions at this re-election, they take up again their previous offices.
2.3. The President and the Vice-Presidents are the Executive Board according to §26 of the German Civil Code and thereby is an individual judicial and extrajudicial representative of the Association.
2.4. The Board can appoint a Secretary General, and if necessary a deputy, and delegate tasks to him/her. In this case the Secretary General is a special representative of the Association according to § 30 of the German Civil Code and administrates the ongoing affairs of EMCY. He or she is entitled to enter into engagements in the frame of the budget. His or her tasks encompass all transactions associated with the normal undertakings and field of activity of EMCY except for transactions which exceed the agreed budget or the assets of the Association.
2.5. The tasks of the Board include:
2.5.1. Realisation of the decisions of the General Assembly
2.5.2. Preparation, convocation and leadership of the General Assembly
2.5.3. Decisions about the finances in the framework of the budget
2.5.4. Public relations
2.5.5. Establishing contacts and representation
2.5.6. Supervision of the Honorary Committee
2.5.7. Decisions about the location of the office
2.6. Further tasks and procedures are regulated by the internal regulations of the Board.
3. Honorary Committee
The General Assembly can establish an Honorary Committee. Further tasks and procedures are regulated by the internal regulations.
4. Disciplinary Committee
The General Assembly forms a disciplinary committee which is composed of three persons (members or external) who are elected for four years. The disciplinary committee is responsible for appeals against Association penalties, in particular against exclusion decisions (see §3.3.3).
§ 5
General
1. The financial year is the calendar year.
2. The audit is carried out by auditors elected by the General Assembly.
3. The Board Members are liable in legal transactions for the Association only with the funds of the Association.
4. Each member competition is autonomous and responsible for its own activities and for the financing of its own projects.
5. Decisions of meetings are to be minuted and signed by the chairperson and keeper of the minutes.
6. In case of doubt the German version of the statutes is legally valid.
§ 6
Dissolution of the Association
1. Decisions about the dissolution of the Association can only be made in a General Assembly if the intended dissolution of the Association is communicated with the invitation in the agenda. The decision to dissolve the Association requires a ¾ majority of the votes cast.
2. In the event of the dissolution or termination of the Association a decision must be made about the use of the remaining funds.
Adopted by the EMCY General Assembly on 17th April 2010 in Heerlen, Netherlands
