Objectives, tasks and articles

ARTICLES OF THE ASSOCIATION OF BULGARIAN ADMINISTRATIVE JUDGES

CHAPTER I
GENERAL PROVISIONS

Art. 1 Name and registered address
s. 1 The name of the association is “Association of Bulgarian Administrative Judges”, hereinafter referred to as (the “Association”). The name of the Association shall be written in Latin as “Association of Bulgarian Administrative Judges”.
s. 2 The Association is a voluntary non-political association of the administrative judges in the Republic of Bulgaria, and of persons, who have worked as administrative judges.
s. 3 The Association is a non-profit organization, registered under the Non-Profit Legal Persons Act (NPLPA).
s. 4 The registered address of the Association is at Sofia 1404, Triaditsa Region, 23, Tvardishki Prohod Str., 3rd floor, office 10-11.
s. 5 The Association may open branches by resolution of the General Meeting.
Art. 2 Objectives and means for their attainment:
s. 1 The objectives of the Association are:
1. To unite the administrative judges from all over the country and to protect their rights and legal interests.
2. To procure for strengthening of the administrative capacity of the courts of administrative justice.
3. To support the professional interests of the administrative judges at national and European level and to assist with promotion of the qualification of its members.
4. To protect the professional and social position of its members and the prestige of the judge’s profession.
5. To make the nature of the profession of the administrative judge available to the public.
6. To enhance the condition of transparency for the work and the status of the administrative judge in the public.
7. To raise and care for the social status of the administrative judges.
8. To extend the international relations of the administrative judges and administrative courts, and to procure for their accession to the community of the administrative judges and administrative courts in the European Union and all over the Europe.
9. To work in close relationship with the administrative judges in Europe, members of the Association of the European administrative judges.
10. To participate as a collective member in other relative organizations.
s. 2 The means for attainment of the Association’s objectives are:
1. Promotion of the work of the Association.
2. Preparation and arrangement of different activities, necessary to support the professional work of its members.
3. Support to the administrative judges for achievement of efficient administrative justice in Bulgaria.
4. Holding of seminars for training of the administrative judges on topic issues of administrative law and case;
5. Holding meetings and discussions among the judges from the administrative courts for the purpose of helping overcome the contradictory practice in administrative cases.
6. Carrying out a cooperative activity with other organizations of lawyers, governmental authorities, research institutions, faculties of law at universities, non-government organizations and noted experts in the field of administrative law and case.
7. Establishing contacts with relative organizations abroad, becoming their member and attending international meetings, conferences and seminars.
8. Holding meetings of administrative judges by reason of important issues of the organization, work and practice of administrative courts.
9. Participation in projects on the matters of administrative law and case, and the organization of the administrative justice in the country, subsided by the European Commission.
10. Release of a newsletter for the members of the Association.
Art. 3 The Association carries out its activity for public benefit.
Art. 4 The scope of activity of the Association includes performance of the following tasks:
1. To make contacts with all administrative judges in the country and strengthen the cooperation between them;
2. To make intensive exchange of information, and of opinions in the field of administrative law and case, and to provide an opportunity for theoretical and practical training to the administrative judges and the other practicing lawyers.
3. To arrange seminars in administrative law and case, and to introduce the participants to topic issues of law enforcement.
4. To summarize and disclose the opinions, requests and recommendations of the administrative judges.
5. To maintain relations with similar local and international organizations and undertake the initiative for cooperation.
6. To make reasoned proposals to the state authorities that have a legislative initiative for the necessary amendments to the effective laws.
7. To procure for improvement of the material conditions for work of the administrative judges.
Art. 5 Assets of the Association:
s. 1 The assets of the Association are raised by:
1. Entry membership fee;
2. Annual membership fee;
3. Donations;
4. Testaments;
5. Income from the main activity of the association;
6. Income from ancillary business of the Association related to its main activity;
7. Income from other resources provided by law.
s. 2 An ancillary business may be release of periodicals for promotion of the work of the Association, arrangement and holding of lectures, courses, workshops, training and any other activity not forbidden by law, and which corresponds to the objectives, set out in the Articles of Association.
s. 3 Donations, testimonials and the terms and conditions, under which they have been made, shall be passed by the Board of Directors by ordinary majority of more than half of the members of the Board.
s. 4 The Association may refuse to accept donations or testimonials made under conditions not acceptable for it or in conflict with the provisions of these Articles.
s. 5 The Association shall not allocate any profit. If at the end of the year the Association has realized profit from its business, it shall be appropriated for attainment of the objectives, as set out in the Articles of the Association.
Art. 6 Resources of funds for the Association
s. 1 Every newly admitted member of the Association shall make an entry property contribution by way of an entry membership fee. The amount of this entry membership fee shall be equal to the one-year membership fee.
s. 2 Each member of the Association shall make property contributions by way of a membership fee. The annual membership fee shall amount to 10% of the minimum salary for the country and be paid on an annual basis within the first day of March for the current calendar year.
s. 3 By resolution of the General Meeting the members of the Association may make target contributions for achievement of a given purpose, as stipulated by the Articles or by resolution of the General Meeting. The resolution of the General Meeting shall determine the purpose, amount and method for collection of contributions.
s. 4 The Association in the face of the Board of Directors may enter into sponsorship agreements.
Art. 7 Period of existence of the Association.
The Association is established for indefinite period of time.
Art. 8 Registration in the Central Registry
The Association shall submit an application for registration in the Central Registry with the Ministry of Justice in compliance with the provisions of Art. 45, s. 1 and 2 of the NPLPA.
Art. 9 Annual Audit
The Association shall, by 31st May every year, provide information about its activity over the previous year to the Central Registry.
Art. 10 Obligation for Maintenance of Books
s. 1 The Association shall maintain books for the minutes of the meetings of their collective bodies. The person presiding the meeting of the collective body and the person issuing the minutes shall certify and be liable for the authenticity of its contents.
s. 2 The Association shall, once a year, execute a report on its activity, which shall contain data about:
1. essential activities, expenses spent thereon, their relation to the objectives and programs of the organization and the results achieved;
2. the amount of the gratuitously obtained property and the income from other activities to raise money;
3. type, amount, value and objectives of the donations obtained and granted, as well as the data about donators;
4. financial result;
s. 3 The annual report on the activity and financial statement of the Association shall be presented on a hard and a soft copy. They are public and are published in the newsletter and the website of the Central Registry.
s. 4 The annual report on the activity and financial statement of the Association shall be published in the newsletter of the Association.

CHAPTER II
STRUCTURE OF THE ASSOCIATION

Art. 11 The bodies of the Association are:
1.General Meeting;
2.Board of Directors;
3.Chairman;
4.Deputy Chairman;
5. Supervisory Board.
Art. 12 General Meeting
The General Meeting is the supreme body of the Association and consists of all its members.
Art. 13 Convening of the General Meeting
s. 1 The General Meeting shall be convened by resolution of the Board of Directors by its initiative or at request of one-third by the members of the Association.
s. 2 The notice shall state the business, date, time and place where the General Meeting is to be held and by whose initiative it is to be called.
s. 3 The notice shall be posted in the building, where the management of the Association is at least a month prior to the day appointed and sent to the members of the Association via e-mail.
Art. 14 Rights of the General Meeting:
1. To amend and supplement the Articles of the Association;
2. To pass other internal instruments;
3. To elect and release the members of the Board of Directors of the Association;
4. To admit and dismiss members;
5. To take decisions on opening and closing of branches;
6. To take decisions on participation in other organizations;
7. To take decisions on dissolution or reorganization of the Association;
8. To adopt the main guidelines and program for the work of the Association;
9. To adopt the annual budget of the Association and the report on the work of the Board of Directors;
10. To take decisions on the amount, term and procedure of payment of the entry and annual membership fee;
11. To adopt the report on the work of the Board of Directors;
12. To consider appeals against the decisions of the Board of Directors and the other bodies of the Association and revoke such decisions, if they are contradictory to the law, the articles and other internal instruments, regulating the activity of the Association;
13. To take a complete control over the work of the Association;
14. To adopt justified proposals about amendment to the effective legislation.
15. To take decisions on disposal of real estates of the Association.
Art. 15 Quorum, representation and voting at the General Meeting
s. 1 The General Meeting shall be valid, if more than half of all members are present. In case of lack of quorum, the meeting shall be adjourned to an hour later at the same place, with the same business to be transacted and may be held no matter how many members will attend.
s. 2 Each member of the General Meeting shall be entitled to one vote. A member of the General Meeting shall not be entitled to vote on matters concerning:
- him, his spouse or lineal relatives – without limitation, collateral within the fourth civil degree or by marriage – within the second civil degree inclusive.
- legal person in which he holds directorships or may impose or prevent decision making.
s. 3 A person may represent not more than three members at the General Meeting by virtue of a written power of attorney. No sub-authorization shall be allowed.
s. 4 Voting shall be by show of hand, unless poll decided by the General Meeting.
Art. 16 Taking decisions at the General Meeting
s. 1 Decisions at the General Meeting shall be taken by ordinary majority of the present. The decisions under Art. 6, s. 3 and Art. 14, s. 1 and s. 7 shall be taken by majority of 2/3 of the present.
s. 2 No decisions may be taken on matters that are not included in the business declared in the notice.
s. 3 Minutes shall be kept for the meetings of the General Meeting. The person presiding the meeting and the minutes keeper shall certify and be liable for the authenticity of its contents.
s. 4 The decisions of the General Meeting shall be binding upon the other bodies and the members of the Association.
Art. 17 Board of Directors.
s. 1 The Board of Directors is a collective managing body of the Association and consists of the Chairman, Deputy Chairman and another seven members.
s. 2 The members of the first Board of Directors shall be elected among the members of the Statutory Meeting for the period of five years. The members of every next Board of Directors shall be elected by the General Meeting for the period of five years and may be re-elected.
s. 3 The Board of Directors shall elect a Chairman and a Deputy Chairman in their number.
s. 4 Entitled to make proposals about members of the Board of Directors shall be each member of the Association.
Art. 18 Powers of the Board of Directors:
1. To represent the Association and determine the scope of the representative power of each of its members.
2. To ensure fulfillment of the decisions of the General Meeting.
3. To dispose with the assets of the Association, except for immovable, in compliance with the provisions of these Articles.
4. To execute and submit to the General Meeting a draft budget;
5. To convene and arrange holding of a General Meeting, to determine the business and present to it the report on the work of the Association;
6. To develop the annual working program of the Association;
7. To make proposals to the General Meeting for release of members of the Board of Directors;
8. To determine the order and arrange performance of the activity of the Association, including that for public benefit and be responsible for it.
9. To appoint conferences of the Association, determine the fees for participation in them, to approve their programs and budget;
10. To seek for help from the members of the Association in pursuing the objectives and tasks of the Association;
11. To appoint the members of special or temporary commissions and assign their tasks and term of action, where it is required for attainment of the tasks of the Association and execution of the duties of the Board of Directors;
12. To appoint the receiver at dissolution of the Association.
13. To establish assistant bodies – scientific and expert councils, and executive bodies, necessary for development of the activity of the Association.
14. To perform the duties, as provided in these Articles and assigned to it by the General Meeting.
15. To take decisions on any other matters which by law or according to these articles do not coincide with the powers of any other body.
Art. 19 Meetings and taking of decisions by the Board of Directors
s. 1 The meetings of the Board of Directors shall be called by the Chairman of the Association. The Chairman shall call meetings of the Board of Directors at the written request of one-third of its members. If the Chairman fails to call a meeting of the Board of Directors within a week, it could be convened by each of the concerned members of the Board of Directors.
s. 2 The meetings of the Board of Directors shall be valid and it may take decisions, if more than half of its members are present there. Present shall be a person, who has a two-way telephone or other connection that could guarantee establishment of his identification and enabling his participation in the discussion and decision making. The person, presiding the meeting, shall record this member’s vote in the minutes.
s. 3 The decisions of the Board of Directors shall be taken by ordinary majority of its members that are present at the meeting. The decisions under Art. 18, s. 2, s. 7 and s. 12 of the Articles shall be taken by ordinary majority of all members.
s. 4 The Board of Directors may take a decision without a meeting to be held, if the minutes for the decision so taken is signed without remarks and objections to it by all members of the Board of Directors.
Art. 20 Chairman of the Association
s. 1 The Association shall be represented by the Chairman upon due authorization by the Board of Directors. The Chairman shall be elected for the period of five years and may be reelected.
s. 2 The Chairman of the Association has the following rights and obligations:
1. To preside the meetings of the General Meeting and the Board of Directors. In his absence they shall be led by the Deputy Chairman;
2. To be in charge for execution of the decisions of the General Meeting and the Board of Directors. He may assign part of this job to the Deputy Chairman.
3. If necessary, and on the basis of a decision of the Board of Directors, to appoint assistant staff.
4. To resolve all matters related to the management of the Association, which are not within the exclusive jurisdiction of the Board of Directors and the General Meeting.
s. 3 Election of a Chairman shall take place by show of hand by resolution of the Board of Directors by ordinary majority of more than half of the present at the meeting.
Art. 21 Deputy Chairman of the Association
s. 1 A Deputy Chairman shall be elected by the Board of Directors for the period of five years and may be reelected.
s. 2 The Deputy Chairman shall support the Chairman in his work and substitute him in his absence. In case of death or resignation of the Chairman, his functions shall be performed by the Deputy Chairman till the next General Meeting, when a new Chairman is to be elected.
s. 3 The Deputy Chairman shall perform the functions for which he has been duly authorized by the Chairman of the Association.
Art. 22 Supervisory Board
s. 1 The Supervisory Board consists of three members, who are elected by the General Meeting for the period of five years.
s. 2 The Supervisory Board shall see for the lawful disposal of the assets of the Association.

CHAPTER III
MEMBERSHIP

Art. 23 Members
s. 1 Members of the Association may be administrative judges, and persons, who have worked as such.
s. 2 The membership in the Association is voluntary.
Art. 24 Admission of members
s. 1 Members shall be admitted by resolution of the General Meeting of the Association at show of hand by ordinary majority of the present.
s. 2 Requests for membership shall be submitted to the Board of Directors and put for consideration and voting at the next General Meeting. The requests should state that the applicant accepts the objectives, tasks and the articles of the Association.
Art. 25 Rights and obligations of the members.
s. 1 Each member of the Association is entitled:
1. To participate in person and by proxy in the work of the General Meeting and in the management of the Association;
2. To propose and be elected in the managing bodies of the Association;
3. To receive information from the managing bodies about the work of the Association;
4. To seek for assistance by the Association for protection of labour and personal rights;
5. To participate in different forums, arranged by the Association.
s. 2 Each member of the Association shall:
1. Observe the laws of the Republic of Bulgaria, the Articles of the Association, resolutions of the General Meeting and the Board of Directors;
2. Protect the authority of the Association before the public;
3. Procure for attainment of the objectives and tasks of the Association;
4. Pay the entry and annual membership fee, as determined by the General Meeting.
Art. 26 Cancellation of membership.
s. 1 Membership shall be canceled:
1. by unilaterally letter of intent to the General Meeting;
2. at death or full injunction;
3. by expulsion;
4. at dropping out.
s. 2 A member of the Association shall be dismissed:
1. by regular infringement of the Articles of the Association;
2. where his behaviour is to the detriment of the prestige of the Association.
s. 3 Dropping out occurs upon failure to pay of the membership fee for two consecutive years. Dropping out shall be established by documents of the Board of Directors.
s. 4 At cancellation of membership, no property contributions made shall be refundable.

CHAPTER IV
DISSOLUTION OF THE ASSOCIATION

Art. 27 Dissolution of the Association
The Association shall be dissolved:
1. by resolution of the General Meeting;
2. if for three months it has remained with less members than provided under Art. 19, s. 2 NPLPA.
3. by court decision in the cases provided by law.
Art. 28 Winding-up of the Association
s. 1 Upon dissolution of the Association proceedings in winding-up take place. Winding-up is made by the Board of Directors or its appointed person. If no receiver has been appointed by the Board of Directors, as in case of dissolution of the Association by resolution of the General Meeting, such receiver shall be appointed by Sofia City Court.
s. 2 The receiver shall do any actions in winding up, as provided by the Association, encashment of its property and satisfaction of the creditors of the Association.
s. 3 The receiver shall, if possible, satisfy the creditors of the Association by the available money, and if it is not possible, by encashment of the movables first, and then of the immovables of the non-profit legal person.
s. 4 Property may not be assigned in any way to:
1. the promoters and present and former members;
2. the persons, who have been in the number of its bodies and employees;
3. the receivers except to the extent of the remuneration due;
5. the spouses of the persons under p. 1-3
6. lineal relatives of the persons under p. 1-3 – without limitation, collateral within the fourth civil degree or by marriage – within the second civil degree inclusive.
Art. 29 Property after winding-up
The property left after the creditors have been satisfied shall be given to a non-profit legal person, appointed to carry out a public benefit activity, having an activity and objectives that are the same or close to these of the Association.

CHAPTER V
TRANSITIONAL AND FINAL PROVISIONS

§ 1. The Association has a seal and an emblem, which shall be approved by the Board of Directors.
§ 2. These Articles of Association were adopted unanimously by all subscribers at the Statutory Meeting of the Association, held on 12th October 2007 at Sofia, 18, Stamboliiski Blvd.
___________________
I, the undersigned, Mariana Mitkova Mircheva, in my capacity of official translator, hereby certify that the above instrument, consisting of nine pages is a true and complete translation into English of the attached official document – Articles of the Association of Bulgarian administrative judges, originally composed in Bulgarian. In testimony thereof I have hereunto set my hand and affixed the official seal of the company.

Translator:
Mariana Mitkova Mircheva
ID No. 7001247277

 
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Покана за общо събрание на АБАС

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  На основание чл. 13, ал. 1 - 3 от Устава на Асоциацията на българските административни съдии (АБАС) и решение по т.1 от Протокол №4/29.05.2018 г.  на УС на АБАС,  същият уведомява членовете на асоциацията,  че по инициатива на Управителния съвет, на 30.06.2018 г. от 10.00 часа в с. Главатарци,  общ. Кърджали, комплекс „Главатарски хан“, се свиква Общо събрание на Асоциацията на  българските административни съдии при следния  ДНЕВЕН РЕД:

І. Отчетен доклад за дейността на УС на Асоциацията през 2018 г.

ІІ. Приемане на доклад на Контролния съвет на АБАС.

ІІІ. Приемане на финансов отчет за дейността на Асоциацията  за  2017 г.

ІV. Приемане на промени в Устава  на Асоциацията на българските административни съдии както следва:

- Чл. 1, ал. 4 се изменя, както следва: Седалището на Асоциацията на българските административни съдии е гр. София. Адреса на управление се определя с решение на Управителния съвет, взето с мнозинство 2/3  и се заявява за вписване в Регистър за юридическите лица с нестопанска цел.

- чл. 8 се заличава;

- чл. 9 се изменя, както следва:  Асоциацията е длъжна да представи до 30.06. на всяка година информация за дейността си за предходната година пред в Регистър за юридическите лица с нестопанска цел.

- чл. 14, т. 4 се изменя, както следва: Възстановява членството на изкл. членове след отмяна на решение на Управителния съвет.

- чл. 15, ал. 1 се допълва, както следва : Право да гласуват в Общото събрание имат членовете, платили членския си внос към Асоциацията.

- чл. 18 т. 15 се изменя, както следва: Взема решение по всички въпроси, свързани със съществуването и дейността на Асоциацията, които по закон или съгласно този Устав не са в изключителната компетентност на Общото събрание или друг орган на Асоциацията.

- В чл. 18 се създава т. 17: Приема нови членове и изключва членове на Асоциацията.

- чл. 24 се изменя по следния начин: ал. 1. Нови членове на Асоциацията, отговарящи на условията за членство се приемат от Управителния съвет въз основа на писмена молба, подадена до Председателя на Управителния съвет. В молбата кандидатите заявяват, че споделят целите и задачите на Асоциацията, че приемат и ще спазват устава й, и са внесли годишния членски внос.

Ал. 2 След приемането от Управителния съвет членството се счита за възникнала от момента на подаване на молбата и заплащането на годишния членски внос.

Ал. 3 Препис от решението на Управителния съвет за приемане или отхвърляне на молбата за членство се изпраща на лицето, подало молба за членство. При отхвърляне на молба за членство, направените вноски се връщат.

Ал. 4 Решението на Управителния съвет за неприемане на член на Асоциацията може да бъде обжалвано пред Общото събрание. Решението на Общото събрание е окончателно.

- В чл. 25 се създава нови точки 6 и 7, както следва:

· точка 6 - Да ползва материалната база на Асоциацията;

·  точка 7 - Да получи документ, удостоверяващ членството му в Асоциацията.

- Чл. 26 се изменя, както следва:

ал. 1  Членството се прекратява:

1.   С едностранно волеизявление до Общото събрание;

2.   При смърт или поставяне под пълно запрещение ;

3.   С изключване.

Ал. 2 Член на Асоциацията може да бъде изключен:

1. При неплащане на членския внос в продължение на две поредни години. За възстановяване на членството е необходимо лицето да внесе необходимия членски внос и спази изискванията на настоящия Устав.

2. При грубо и системно нарушаване на Устава.

3. С поведението си уронва престижа на Асоциацията.

4. При осъществяване на дейност, противоречаща на целите, интересите и дейността на Асоциацията.

Ал. 3 предложения за изключване на член може да бъде направено от всеки член на Асоциацията.

Ал. 4 Изключването се извършва с решение на Управителния съвет, взето с обикновено мнозинство от присъстващите членове.

Ал. 5 Напусналите или изключени членове на Асоциацията не могат да имат претенции към имуществото й.

V. Приемане на решение във връзка с изпълнение на задълженията по Регламент /ЕС/ 2016/679

. Разни

VІІ. Лекция на тема „Закон за изменение и допълнение на АПК. Актуални промени”.

В съответствие с чл.13, ал.3 от Устава на АБАС, поканата  за Общото събрание  да бъде обявена най-малко един месец преди датата на заседанието, да бъде поставена в сградата където се намира управлението на Асоциацията и бъде изпратена на членовете на Асоциацията по електронната поща чрез съответните административни съдилища.

 

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