english.votopirata.it

The Statutes (bylaws, organising principles) aren't just a formal necessity. They establish the beating heart of a political party or movement. The program may be as beautiful as you like, but the Statutes describe the real intentions. Go out and compare!

 



IN EFFECT SINCE 2015-01-01
FREE AND NON-PROFIT ASSOCIATION BETWEEN CITIZENS

TITLE I -- NAME AND SEAT

Art. 1. Incorporation and purpose

It is established Partito Pirata (PP for short), Association of Citizens (hereinafter the “Association”).(1) 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.

Art. 2. Seat

Partito Pirata headquarters at the residence of the Bureaucrat in charge.

TITLE II -- PURPOSE

Art. 3. Goals and activities

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:

  1. carries out political activities in any form or manner;
  2. processes in a participatory way a Manifesto detailing the system of values and goals of the Partito Pirata;
  3. promotes the study and modification of national and international law, in particular in the sphere of culture, copyright and privacy;
  4. promotes the exchange of ideas and information among citizens in order to facilitate the evolution of regulations in the interests of citizens;
  5. promotes and participates in studies, research projects, cultural exchanges, scientific and artistic cooperation, and training;
  6. 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;
  7. promotes the development and maintenance of a website (partito-pirata.it and dot eu/info/net/org):
    1. for any act related to the fulfillment of its institutional purposes;
    2. for the dissemination of related materials regarding regulation, case law and doctrine;
    3. for the publication and dissemination of the information bulletin and notices of the members;
  8. participates to the processes of consultation of public authorities, Italian and European;
  9. fosters and promotes the use of instruments of collective protection provided by national and Community legal systems;
  10. promotes and organizes meetings, conferences, lectures, seminars, courses;
  11. promotes and conducts research in the field and disseminates the results both within the scientific / academic community and the wider public;
  12. provides information, advice and collaboration;
  13. promotes service facilities for the pursuit of its objectives;
  14. 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, organisations and institutions.

TITLE III -- PIRATES

Art. 4. Pirate membership

It is possible to become a member, hence gaining the quality of being a Pirate for anyone who:

  1. accepts to contribute to fulfill the purposes of the Party;
  2. agrees and undertakes to comply with the Statutes, the Manifesto, the Regulations and the decisions of the Party.
All the Pirates have the same rights and duties under the law and the Statutes. 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.(2) 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 Statutes, the Manifesto and the Regulations and for the appointment of bodies of the Partito Pirata. All Pirates are free to take the offices of the Association. Membership of the Partito Pirata is voluntary.

Art. 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 Rules of Procedure chosen by the Assembly. In any case a minimum period of 90 days must pass between presentation of the application until the admission of the Pirate in the Assembly. Ultimately, to be admitted, the Pirate must confirm their intention to take part in the Association.(3) The number of Pirates is unlimited.

Art. 6. Withdrawal and exclusion of a Pirate

The Pirate membership is lost in case of:

  1. withdrawal;
  2. exclusion for persistent breach of the obligations imposed by the Statutes, the Manifesto, the Regulations and the decisions of the Partito Pirata;
  3. exclusion for damage to the purposes of the Partito Pirata.
The body in charge of exclusions is the Court of Arbitration whose final decision -- however motivated and presented before the Assembly -- will be effective on the 13th day after its publication.(4) Before coming into effect, such decision can be appealed in the Assembly.(5) The decision of the Assembly is final and the excluded Pirate will not be able to make a renewed request for admission for at least two years.(6)

Art. 7. Membership fee

The Assembly, if and when it deems appropriate, may establish that the Pirates are required to pay a membership fee and establish the amount.

TITLE IV -- SECTIONS AND OFFICES

Art. 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 Statutes, 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

Art. 9. Assets

The assets of the Partito Pirata is made up of:

  1. any fees paid by Pirates ,
  2. income from the provision of services and the development of activities, including commercial activities,
  3. 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 Statutes. 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 -- ORGANISATION

Art. 10. Bodies

The bodies of the Partito Pirata are:

  1. Assembly;
  2. Bureaucrat;
  3. Treasurer;
  4. Court of Arbitration;
  5. Integrity Council;
  6. Coordinating Group.

SECTION I -- ASSEMBLY

Art. 11. Duties of the Assembly

The Assembly is the sovereign body of the Partito Pirata and may act on any matter relating to life, organisation and activities of the Partito Pirata. In any case, the Assembly must approve each year by March 31st the final balance and the budget submitted by the Treasurer. The Assembly may delegate, if and whenever opportune doing so, certain executive and/or technical/organisational functions to one or more Pirates. All Pirates can participate in the Assembly and all Pirates in order with the payment of fees due at the time of the vote may cast their vote.

Art. 12. Meetings of the 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 Statutes using a technical platform (the “Platform”). The Assembly chooses by Rules of Procedure 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 of the “Schulze method” kind.

The Permanent Assembly shall adopt:

  1. a total period of at least 90 days between presentation and ratification of amendments to the Statutes or the Manifesto;
  2. ordinarily, but subject to the provisions in paragraph a), a discussion period of 30 days;
  3. subject to the provisions of paragraph a), a discussion period and operating policies shorter than 30 days in the cases provided by the Assembly;
  4. a quorum of 66% majority for the vote of amendments to the Statutes or the Manifesto;
  5. a quorum of 50% majority for the approval of balances and budgets;(((fn lynX thinks 50% is far too low, it doesn't respect minority interests in having balances and budgets checked! Balances should therefore have about 90% consensus so that a 10% minority is sufficient to investigate suspicions of internal corruption.)))
  6. subject to the limits provided under paragraph d) and e), majority quorums different in the cases provided by the Assembly;
  7. delegation options approved by the Assembly.
Independently from the Platform used for the Permanent Assembly, the Assembly meets at least once a year. At the physical Assembly, denominated “Occasional”, it is possible to participate also by telematic means (“Virtual Meeting“). The technical details of the Virtual Meeting shall be determined by Rules of Procedure 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 Rules of Procedure approved by the Assembly.

Art. 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. In case of unavailability of the Platform, it will be legitimately convened if demanded by at least one twentieth of the Pirates enabled to vote. 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. In order for an Occasional Assembly to ratify amendments to the Statutes or the Manifesto it must be convened at least 90 days before the date set for the meeting and, within such period, be affixed to the bulletin board of the Association.

Art. 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.

Art. 15. Constitution of the Occasional Assembly

The Occasional Assembly is constituted regardless of the number of Pirates who participate.(7)

Art. 16. Occasional Assembly majorities

Resolutions to amend the Statutes 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.(8)

SECTION II -- BUREAUCRAT

Art. 17. Tasks of the Bureaucrat

The Bureaucrat is the substantive and procedural representation of the Association. The Bureaucrat complies with the deliberations of the Assembly.

Art. 18. Election of the Bureaucrat

The Bureaucrat is elected by the Assembly from among its members in accordance with the Rules of Procedure 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

Art. 19. Treasurer

The Treasurer shall:

  1. take care of the assets of the Partito Pirata;
  2. keep a register of accounting;
  3. maintain any supporting documentation;
  4. refer and report annually to the Assembly;
  5. ensure that any expenditure is made subject to authorization by the Permanent Assembly;
  6. provide for the collection of any annual membership fees;
  7. prepare the budget and final balance and submit them annually to the Assembly;
  8. 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 VII -- COURT OF ARBITRATION

Art. 20. Court of Arbitration

The Court of Arbitration (hereinafter “CoA”) is the body in charge of internal justice within the Association.(((fn This apparently simple phrase has a very important implication: The CoA is hereby in charge of at least ensuring that illegal behaviours such as defamation aren't tolerated within the organisation. The RoP can introduce additional restricting rules beyond what is legal in the country of residence of the organisation, like prohibiting non-constructive, discriminatory or trolling behaviours (see 'convivenza' document). All the Pirates can, whenever they perceive harmful behaviour to their own rights and/or the interests of the Association by one or more Pirates, appeal freely to the CoA which is obliged to respond in due time according to the Rules of Procedure. It is composed out of at least three members, of which at least half minus one selected among the Pirates having right to vote in the Assembly.(9) Members of the CoA, that may as well not be Pirates, stay in charge for one year and can be re-elected as specified by the Rules of Procedure. The CoA deliberates by simple majority. The CoA may also choose to actively intervene whenever it observes actions in the behaviour of one or more Pirates that inflict serious harm to the development of the activities of the Association. The CoA is also competent for procedures of appeal against the decisions of the Integrity Council. All decisions of the CoA can be appealed in the Assembly.(10)

TITLE VIII -- INTEGRITY COUNCIL

Art. 21. Integrity Council

In accordance with the Rules of Procedure, the Assembly elects a Permanent Working Group called “Integrity Council”, composed by at least three among the Pirates having voting rights in the Assembly. It is the duty of the Integrity Council to verify that each initiative in debate and/or approved by the Assembly be coherent with the principles of these Statutes, the Manifesto and the Rules of Procedure in effect.(11) In adversary case, it shall inform the Assembly about the pieces of the initiative in question or invalidate an assemblary decision within seven days since its approval or however before its implementation.(12) Decisions of the Integrity Council are taken by simple majority and can be appealed before the Court of Arbitration in accordance with the provisions of the Rules of Procedure.

TITLE IX -- COORDINATING GROUP

Art. 22. Coordinating Group

The Assembly elects, in accordance with the Rules of Procedure, a Permanent Working Group called “Coordinating Group”, composed out of at least four Pirates among the having right to vote in the Assembly.(13) The Coordinating Group has the duty of supervising, coordinating, facilitating and help the operation of all existing Working Groups, also by suggesting the priorities of intervention. It is obliged to verify and monitor constantly the implementation of all Assembly decisions and the duty to communicate to the Assembly all the criticalities regarding their implementation, also during the phase of debate. In particular, it will always work next to the Groups in charge of technological infrastructure and the communication of the Association. The Coordinating Group decides by simple majority. The decisions of the Coordinating Group have to be integrated into the decisional process of any existing Working Group and, in case of diatribes or inconsistent choices between the Working Grops of any kind, binding for the Groups themselves.(14)

TITLE X -- WORKING GROUPS

Art. 23. Working Groups

Working Groups can be constituted within the association without any numeric or temporal limits as long as they are not in contrast with the Statutes, Manifesto or Rules of Procedure in effect. Each group must be formed by at least and maximum seven Pirates.(15) There can be multiple groups with the same objective which will however always share information and the fruits of their labour. Should the groups have financial requirements towards the assets of the Association, it will be mandatory for them to elect among its members a Facilitator who will be Responsible of the activities in front of the Assembly, in accordance with the Rules of Procedure. Each group implements whichever methods of consensus and approval it considers best suited for accomplishment of its objectives. All groups must however notify the Assembly of their constitution and publish their work to all Pirates, and coordinate with the Coordination Group.

TITLE XI -- RESPONSIBLE OF COEXISTENCE

Art. 24. Responsible of Coexistence

Whenever an activity of the Association involves more than two Pirates, one among them must be indicated as Responsible for Coexistence (aka "Vibes Watcher"). They will have the duty to intervene, in according with the appropriate Rules of Procedure, whenever they think it is opportune, in order to facilitate the regular development of the activities of the Association and guarantee the civil coexistence among Pirates.(16)

TITOLO XII -- FINAL AND TRANSITIONARY RULES

Art. 25. Transitionary rules

These Statutes enter into effect on January 1st, 2015, also in case of earlier approval by the Assembly. It will be fully enacted with the entry in effect of the Rules of Procedure it refers to.

Art. 26. 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).

Art. 27. References

For matters not provided by this Statutes, the rules of the Civil Code governing non-recognized associations will apply.(17)

This document has been democratically approved on 2014-12-15 by the Permanent Assembly of the Italian Pirate Party and is in effect since 2015-01-01. Constituting Act of the Partito Pirata Italiano, 2006-09-16.


Footnotes

1. In Italian law, all political party are associations.
2. Special requirement in Italian law.
3. This recent addition to the Statutes is frequently disputed within the PP-IT for its unpleasant tones, but it is currently the only protection against mass subscriptions for take-over purposes. Other ideas on how to protect against take-over more thoroughly however exist. See the forum on the topic 'Cammellaggio'.
4. Publication apparently conflicts with the convivenza principle of protecting the pride of the person, but if all integration measures have failed and the exclusion is inevitable, publication is no longer a big deal. In fact, other members need to know who is no longer a part of the project.
5. This provision undermines the right of victims to maintain privacy over damages caused by the perpetrator. If the perpetrator can leverage their popularity in the Assembly, without all private evidence against him, which must only be available to the CoA, the unprepared "populist" judges may not understand the gravity of the matter. To avoid popularity undermining justice, the victims would be forced to make their suffering public. This is why lynX would rather avoid such a clause and/or introduce an entire additional body, the Court of Appeals.
6. This leaves the loophole that whenever the CoA took the decision rather than the Assembly, the expelled person can immediately re-submit an application.
7. This means that in a phase of extreme disinterest, when only very few gather at this meeting, they are however able to operate and can, on this occasion, overthrow the entire legal architecture. This may or may not constitute a loophole.
8. Enabling a minority (half of the 'traveling elite') to take decisions at the same level of privilege as whatever possibly higher consensus requirements the Permanent Assembly assumes, can be abused to bypass the PA and introduce severe dissatisfaction in the organisation. In several deployments of Liquid Feedback such a possibility to "also do things in person" has effectively dismantled the interest in the platform. The book 'Principles of Liquid Feedback' explicitly warns from providing such a legal bypass option. Luckily, in the PP-IT a culture of doing the voting on the platform rather than during the meeting has been established. Nonetheless, this is a loophole.
9. In other words, people entirely external to the organisation are allowed to contribute by fulfilling a role in the internal justice system.
10. This, luckily, hasn't happened. Again, such an appeal would undermine the privacy of the victim minorities by which lynX would suggest to leave it out and maybe introduce a proper Court of Appeals if necessary.
11. This definition is imperfect, not only because it is missing the Political Programme of the organisation in question, but most of all because the duty of the Integrity Council should be defined as ensuring the consistency, the integrity of all assembly decisions among each other. This can somehow be deduced by the way the Rules of Procedure define how to write the Political Programme, but explicit clarity would probably be more useful here to avoid having a case in court someday.
12. Organisations that have no Integrity or Validating Council put a big amount of power and responsibility into the hands of the elected leadership, to make sense of assembly votes and interpret them to their liking. Or, in case of absence of such leadership, allow everyone in the organisation to interpret inconsistent assembly decisions with wild creativity. Therefore, to empower a permanent assembly well, such a council is a good idea.
13. An even number has the interesting effect that one individual is not enough to swing a decision, therefore better consensus among the members of the Coordinating Group is required.
14. This provision has so far never been put to use, it apparently however offers a loophole: what if a conspiracy in the Coordinating Group initiates an additional working group with the sole intention of attacking a target group? The Coordinating Group would then be allowed to impose decions on the target group. What if the target group is the Integrity Council, which in these Statutes is defined as a working group? Does it mean that the Coordinating Group gains the ability to place "populist" proposals in front of the assembly that are in fact inconsistent with the principles of the organisation? Would that be a problem or is it just a minor imperfection of these Statutes?
15. The limit of seven members is inspired by some efficiency studies (link please) that claim that any group starts being less efficient when exceeding seven people. It is however unclear if such a limitation deserves to be mentioned in the Statutes rather than in the RoP. In practice this limit is generally disregarded.
16. It should be explicitly mentioned that these Vibes Watchers or Moderators have no final power of intervention. Any Pirate can appeal against their interventions before the Court of Arbitration.
17. This, again, is specific to the Italian norms on associations and political parties.