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Foundation As depositories of the Magna Charta Universitatum, the University of Bologna and the Association of European Universities (CRE) hereby found the Observatory, based in Bologna, pursuant to Italian law. The legal status of the Observatory is that of a Foundation, registered as a non-profit organisation. The Foundation shall comply with all the provisions of law relating to non-profit organisations. The Observatory shall come into existence on the day of its formal registration under Italian law. The Foundation shall be based in premises made available by the University of Bologna. Aims The Observatory aims to gather information, express opinions and prepare documents relating to the respect for, and protection of the fundamental university values and rights laid down in the Magna Charta Universitatum, signed in Bologna in 1998. The Observatory may work together, or in agreement with other national, European or international organisations pursuing similar or compatible aims. Governing Bodies The Observatory shall consist of two bodies, the Collegium and the Board of Directors. No individual may be simultaneously a member of both bodies. However, the President of the Collegium takes part without voting rights in the meetings of the Board of Directors, and the Chair of the Board of Directors is invited as an observer to meetings of the Collegium. Collegium The Collegium is responsible for pursuing the aims of the Observatory and is its public voice. It shall consist of up to nine members, chosen among those playing a leading
role in the defense of the fundamental university values and rights.
All Collegium members shall be formally appointed by the Board of Directors,
on the nomination of: Collegium members serve ad personam, and need not necessarily be members of any of the nominating organisations. Their term of office shall be four years and may be consecutively renewed only once. The Collegium shall initially consist of five members, three nominated by the Association of European Universities (CRE) and two nominated by the Senate of the University of Bologna (from the Editorial Committee of the Magna Charta). Two nominees of the Association of European Universities (CRE) and one nominee of the University of Bologna shall exceptionally serve initial three year terms. The members shall elect a President, who represents the Collegium in matters relating to the pursuit of the aims of the Observatory. The Collegium shall draw up its own regulations. It shall be convened by the President, as provided by the regulations and in any case not less than twice a year. Board of Directors The Board of Directors (hereinafter the "Board") shall carry the legal and fiscal responsibility for the Foundation according to Italian law. It shall carry out the administrative, financial and fundraising activities required to achieve the aims of the Observatory. The Board appoints the members of the Collegium and guarantees their full independence in the exercise of their activities. The Board shall consist of no more than seven voting members. Their terms of office shall be four years, and may be consecutively renewed only once. The Board shall initially consist of four members. Three shall be appointed s representatives of the Association of European Universities (CRE) and one as the representative of the University of Bologna. The Board shall elect its chair, who shall be the legal representative of the Foundation, according to Italian law. As soon as possible the Board shall co-opt by a majority vote up to three further voting members. The Board may as its discretion appoint further honorary members, who shall not have voting rights. The Board shall be convened by the Chair at least once a year. Secretariat The Observatory shall have a Secretariat based at the University of Bologna. The premises shall be made available by the University of Bologna, that shall also cover the cost of overheads, under the terms of an agreement to be made with the Observatory. The Secretariat shall consist of a Secretary General and other staff. The Secretary General shall be appointed by the Board after consultation with the Collegium. The Secretary General shall take part without voting rights in meetings of the Board and the Collegium. Financial Resources The Foundation shall have its own patrimony and other financial resources to enable it to carry out its work. Each year the Foundation shall draw up certified financial statements. The Foundation's surplus, reserve and capital funds may not be distributed while it continues to operate. In the event of a dissolution or winding up of the Foundation, the provisions of the Article 8 of the present Statutes shall apply. Modifications of the Statutes Modification of the present Statutes may be carried out when both of the following conditions are fulfilled: two-thirds of the Collegium vote in favour, and the members of the Board representing the founding organisations give their consent. Dissolution or Winding-up The dissolution or winding-up of the Foundation shall be approved in accordance with the procedure laid down in Article 8. Jurisdiction Any legal action relating to the present Statutes and the work of the Observatory shall come under the jurisdiction of the law courts in Bologna and the governing law shall be that of the Republic of Italy. The present English-language version of the Statutes is the original. Signed and registered in Bologna on 7 April 2000 On behalf of the University of Bologna: On behalf of the Association of European Universities (CRE): |
