Art. 1 - Constitution, legal address, duration

A European consumers’ association has been constituted called ECO - European Consumers Organization, in the text referred to as “association”.

It is independent from any influence of government, enterprises and political parties.

The purpose of the association is the social promotion and the defence of consumers, of small savers, of sick people and in general the defence of the rights of the individuals according to the principles proclaimed by the European Constitution, by the Constitutions of the single Countries members of the Union, by article 153 of the Amsterdam Treaty and by the Charter of the Fundamental Rights of the European Union and of the rights of men.

The association means to give its contribution to overcome the inefficiency and the malfunctioning of the market caused by excessive economic concentration and by excessive issue of rules and to favour forms of regulation of the market in which the consumers are an active part.

The association performs socially useful non profit activities

Its nature is an association of volunteers.

The Association has its legal address in Via Sistina 57, Rome, Italy.

Its official web site is www.euroconsumer.org

The opening of one or more operational offices can be deliberated by the competent bodies in any state of the European Union or of the candidate Countries.

The duration is unlimited.

Art. 2 - Purposes and Objectives

The association pursues objectives of social solidarity and defence of the rights of consumers and users at a national and European level.

These objectives are implemented through research, analysis and legislative promotion; legal assistance for the citizens, the members and the institutions of the single States and of the European Union; promotion of social voluntary service.

The association defends and safeguards the consumers in all the areas of interest, that is alimentation, health, environment, commerce, production, savings and investments, fruition and production of services, taxation and impositions, the transparency, efficiency, efficacy and impartiality of the Public Administration, equal opportunities, and defence from discriminations. And all further necessities of the consumer in line with the association purposes, the evolution of society of the objectives of safeguard and social representation of the European consumers.

In particular the Association means to:

• safeguard and organize the consumers with the protection and defence of their interests in mind, and place itself as an interlocutor in an action of proposal towards the institutions and the economic, social, political and financial forces that operate in the sector of consumption and services;
• safeguard the consumer and user in all the venues allowed including the judicial one, in all the jurisdictions necessary to the pursuit of the purposes of its own members and the consumers, with particular but not exclusive concern for the uniform application of the European regulations in the single States of the Union;
• implement interventions at a European, national and extra-European level, aiming at the creation of a truly competitive market of goods and services, and, at the same time, thanks to the use of the media, a more rational bearable consumption;
• favour the construction of a partaken and shared European society;
• implement actions that will favour a European certification and any other action that will guarantee the quality and safety of the products and services in a more and more global market;
• sponsor and encourage any intervention that can constitute a valid alternative for the improvement of the social-economical level of the users and for the ethical-cultural development of European consumers, in full respect of the privacy and the rights of the individual;
• promote and support meetings, conferences, debates, courses of formation, as well as edit any type of publication and any kind of activity of information, therein including the television and radio media, with specific reference to all the problems connected with their own institutional purposes, and, moreover, promote a website for the exchange of information among the members;
• use, as a medium of transmission and participation, internet and the new technologies of the broadcasting of opinion and direct participation.
• promote the safeguard of health, of food safety, of savings, of small investors, of energy saving, of civil rights, of impartiality, transparence, efficiency and efficaciousness in public administrations, of the quality of the expense and the income of families and of consumers, of the prosecution of crimes, the fight against criminality, crimes against property, corruption.
• promote forms of social solidarity also through funds, mutual aid systems, conventions and agreements for the satisfaction of primary and vital needs, besides participating in the creation of an authentic economic democracy.
• promote meetings, agreements and forms of collaboration, also with firms and administrations, for the solution of the controversies and the use of good procedures to avoid their onset, with the firm provision that the association be absolutely independent.

The Association means, therefore, to stimulate at the level of community, of international and of single Country, an activity of legislation and regulation that aims at creating norms that safeguard better and better the interests of the consumers and of the users, favouring information, promotion and education on one’s own fundamental rights.

Art. 3 - Members

Members of the Association are:
- founding members;
- active members;
- national affiliated organizations

Founding members: The founding members are: the organizations and the physical persons that have taken part in the Constituent Assembly of the Association.

Active members: Active members are the physical persons that, in compliance with art. 2 of the present articles of association, agree with the aims and the objectives pursued by the Association, have regularly paid their shares and respect the rules set up by the statutory bodies of the association.

National affiliated organizations: The national affiliated organizations are the national associations that, in compliance with art. 2 of the present articles of association, agree with the aims and the objectives pursued by the Association, have regularly paid their shares and respect the rules set up by the statutory organs of the association.

Observing members: the physical persons and the organizations that decide to take part in the activities of the Association without being formally members, upon request of participation, according to the possible regulations set up by the statutory organs of the association.

Art. 4 - Rights and duties of the Members

All of the members take part in the activities of the Association, in particular using the on-line and off-line communication media, according to the regulations set up by the statutory organs of the association and their uses.

The association has, as its specific task, that of allowing the direct participation of all the members through the new communication technologies and the web.

The members, directly or through the elected and delegated organs, according to the statutory regulations, vote the financial statement, elect the Chairman (Honorary President), the European President, the European Vice Presidents, the components of the European Direction and of the Board of Auditors, according to the statutory provisions and the personnel provided for in the present deed.

All of the members are subject to be elected in the administrative organs in compliance with the regulations freely set up during the assemblies.

The participation is guaranteed by the publicity of the assembly summons and their relative deliberations.

Particular regulations of safeguard in the composition of the statutory organs must guarantee plurality and equal opportunities also for the composition of the statutory organs according to the principle of national representation,

This provision, necessary to insure the pluralistic character of the association, is inherent in the will of the members that are naturally inclined not to discriminate in any way individuals of any sex, race, religion or other elements of difference.

The activities that the members implement in favour of the association do not give any rights, in any way, to any other compensation, especially of an economic nature.

The members have the duty to observe the Articles of association, the internal rules, the deliberations of the social organs and the implementation of the task assigned to them by the Association.

The members have the duty to pay the yearly subscription and possibly other contributions requested for the fruition of the social services.

They are compelled to observe these Articles of association and the deliberations of the social organs.

Art. 5 - Expiration of the title of member, change of title, patrimonial rights

The title of member is lost by resignations in writing, by non payment of the shares within 30 days from the end of the reference year, by expulsion following unbecoming behaviour of the members in contrast with the aims of the association.

Can be expelled the member who does not respect the obligations deriving from these Articles of association or who damages, in any way, the interests of the Association, or performs actions incompatible with the aims of the association itself.

The expulsion must be deliberated, with a simple majority, by the Direction.

(Change of title)

The observers become active members on their request if they pay their shares and respect the Articles of association and the regulations in force.

(patrimonial rights)

The members that cease belonging to the Association cannot ask for the contributions paid and they must pay those that have fallen due. The members have no rights on the Patrimony of the Association. In case the association is wound up, the patrimony will be allocated to non profit associations which have preferrably the same statutory aims.

Art.6 - Resources

The resources of the Association, collected in the respect of the legislations in force without damaging the non profit character of the Association, include:

• The contributions of the members of the Association according to the deliberations fixed by the Direction.
• the subsidies given by the collectivity and by the communitarian and national public organs;
• Funds of other origin subject to acceptance of the Presidency;
• Donations subject to acceptance of the Presidency
• Any other form of income

The resources of the association are and remain theirs.

No member has any right on the patrimony of the association. In the patrimony of the association are included also material and non material goods bought or entered in its name.

Art. 7 - Organs

Organs of the Association are:

• The European President, who is the absolute legal representative of the association
• The Chairperson, or honorary president.
• The Office of the Presidency (formed by the European President, by the two or more Vice Presidents, one of whom acts as a substitute in case of impediment of the President, by the General Secretary)
• The Surety Committee
• The General Secretary and the Treasurer
• the Board of Auditors
• The Direction
• Assembly of the Associates
• The national representatives
• The national, regional or local co-ordination organs.

Art. 8 - European President

The president represents the Association legally, both in internal and in external relations, towards third parties and in court. In cases of urgency he can use the powers of the Direction, subject to ratification at the first valid meeting of the Direction; he implements the deliberations of the members’ Assembly and of the Direction; watches over and takes care of the functioning of the Association, implements all the other functions that are invested in him by the present articles of association, for which he has been empowered by the members of the social organs. The President, as the legal representative of the Association, in the exercise of his functions, has sole signature on legal deeds.

The President can delegate some functions, temporarily or permanently, to a Vice President. In case of impediment, the functions of the President are taken on in all ways by the deputy Vice President or, should the Vice President be absent, by a member of the Assembly of the Associates, appointed for such purpose by the President.

Should the president be absent, because of resignation or death, the Assembly –is summoned expressly by the deputy Vice president or, in his absence, by the Vice President, by the Deputy Councilor or, in the absolute absence of any proxy, by the oldest Councilor. The Assembly, then, provides to the election of the new president who will be appointed till the end of the mandate in force for his predecessor. Till the election of the new President, the legal representation of the Association will be taken on by the deputy Vice President or, for lack of that, by the oldest member of the Assembly of the Associates who will accept the job. The president proposes the election of a chairperson to the assembly.

Art. 9 – Chairperson

The association, on proposal of the president and approval of the Direction, can appoint a chairperson, usually a well-known prestigious person, that will represent high moral values and that has shown, with his/her activity, to want to promote the rights of the consumers and the safeguard of the fundamental rights of a person. The Chairperson will have a consultant role and, in case of irremediable contrasts, that impede the correct functioning of the association for more than six months, will propose to the assembly a referendum for the election of a committee of three wise people for the re-establishment of the functioning of the statutory organs.

Art. 10 - Office of the Presidency

The Office of the Presidency is constituted by the European President, the Vice-Presidents and the General Secretary. The people in charge of the sectors of associative interest, whom the President believes essential to achieve the objectives of the Association, will be invited to participate.

The task of the Office of the Presidency is the coordination and the direction of the activities in the single intervention fields of the Association and to guarantee the integration among the various structures, as support to the activity of the President.

The Office of Presidency can deliberate the grant of the powers of extraordinary administration to the President, waiting for the summons of the Assembly.

Art. 11 - Guarantor board

A guarantor board is constituted, formed, for a half plus one, by the organizations that have joined collectively, for at least one representative for association and a maximum of three, according to a specific regulation deliberated at the moment of the settlement of the presidency committee. The other half is formed by the members of the assembly that have received the highest number of votes during the assembly. The maximum number of the guarantor board is fixed to 51 members. The guarantor board elects its own speaker, whose task is that of defining the passive electoral lists at the beginning of the congress phase, of receiving pertinent proposals and oversee the respect of the statutory and ordinary regulations. To guarantee the effective implementation of the role assigned to them, also the guarantor board can take its own deliberations using all the available media and respecting the democratic principles and the statutory and ordinary provisions of the association. The Board has legal authority for the implementation of its own tasks.

Art. 12 – Secretary General and Treasurer

For ordinary management, on proposal of the President, the Direction elects a Secretary General, and for administrative management, on proposal of the President, the direction elects a Treasurer. The Treasurer is responsible for the control of the compatibility between available means and expenses, as well as for the accounting and regularity of the administrative records. The two figures, for the first two mandates, can coincide.

Art. 13 - Board of auditors

The administration of the Association is controlled by the Board of Auditors, formed by three to five members elected by the Associates’ Assembly for the duration of three years. The Auditors will ensure the regular maintenance of the social accounting, they will compile a report of yearly balance sheets, will assess the consistency of cash and the existence of the securities and the bonds of social property. The Board elects its president whose term lasts for a period of three years.

Art. 14 - Direction

The direction is the organ of management of the association. It is made up of a minimum of 16 to a maximum of 52 members, half elected by the members and half by the national associated organizations. It takes care and watches over the respect of the deliberations of the Assembly and approves the actions of the President and of the other associative organs. The Direction has also legal ownership of the absolute powers for the expulsion of the members.

The Direction is the permanent management organ of the Association;

It implements all of the tasks bestowed by the statutory organs in the description defined by these articles of association and for the achievement of the objective of art. 2.

Specifically, the Direction:

• develops and holds all the relations with the members of the Association. In particular it keeps the members of the Association informed of the decisions, the resolutions and the endorsements adopted by all the members of the
• associations
• organizes the work group deliberated by the Associates’ Assembly to better facilitate the development of the topics deemed necessary;
• submits to the Associates assembly recommendations about the actions to implement to reach the objectives defined by art. 2 of these articles of association;
• organizes initiatives of the community institutions, according to the mandate received by the associates Assembly;
• makes known the decisions taken and the measures adopted after very session of the Assembly;
• prepares the documents of all the reunions of the statutory organs, specifically the reports of the activities and fits them into the agenda;
• proceeds to the summons of the organs through simple letter;
• summons, according to necessity, ad hoc groups of work, fixes their mandate, their composition and their functioning;
• registers and gives instructions about applications of affiliations, associations, resignations and expulsion.

The Direction is presided over by the President of the Association.

The deliberations of the Direction are effective with a majority of the members present.

Should there be a tie, the President’s vote is worth double.

The President is, by right, member of the Direction.

The duration of the mandate is of three years, renewable.

The internal regulation is determined and modified by the Direction and submitted to the associates’ Assembly for approval.

The regulation should specify the status and the address of the Association.

The articles of association can be modified by the associates’ Assembly summoned on proposal of the Direction;

The clauses must absolutely be entered in the agenda.

Statutory modifications can be proposed only by the founding members and must be approved by the Assembly with a majority of 2/3 of the voters.

Art. 15 – Assembly

The assembly is made up by the active members that have complied with the payment of the social share, ad that, therefore, have the right to vote. Observers take part in the Assembly without the right to vote.

It is the sovereign organ and it has the broadest power in accordance with the law and with the objectives defined in art 2 of the article of associations.

The tasks of the assembly are:

• the determination of the strategy and the general policy of the Association
• the approval of the working programme and the specific orientations concerning the consumers’ interests;
• the delegation of their own prerogatives to other statutory organs;
• the election of the statutory organs, provided for by the articles of association, for the duration of three years;
• dissolve and liquidate the Association;
• The assembly meets every three years availing themselves also of the use of new technologies, the web in particular.

Art. 16 - Composition of the Associates’ Assembly and voting methods

The assembly is considered constituted at the moment of the beginning of the meeting, according to the hour and date set in the public summons, with a notice of at least two weeks, shown on the official site and at the legal address.

The meetings can take place also only on-line.

The voting and the meetings are valid in any case, unless differently foreseen in the regulations issued by the statutory organs.

A member for each organization that has the status of observer can take part in the Associates’ Assembly without deliberative vote.

The Chairperson (honorary president), the European President, the vice-presidents and the other organs of the association foreseen by the articles of association are elected by the Associates’ Assembly for the duration of three years, with renewable nomination.

The associates' Assembly meets every three years, on summons of the European President.

The assembly, the direction and the other organs of the association can meet also using the most advanced computer and communication media, like, for example, the web, videoconferencing or other new technologies that will allow the free expression of opinions and of the deliberative vote.

Should there be unhealable contrasts and should the organs of the association not function at all, on proposal of the Chairperson, the assembly can be called to express through a referendum their approval of the proposal of the Chairperson. The referendum of the associates will take place according to the rules of the association.

Art. 17 - Deliberations and quorum

The Assembly decides with a simple majority according to the conditions determined by the internal regulation.

The organizations (members juridical persons) elect half of the members of the direction, the other half of the members of the direction is elected by the members physical persons according to the regulations foreseen.

The organizations propose the list of the candidates to the presidency and to the other offices foreseen, that will be then voted by the members physical persons by majority.

A register is kept of the deliberation meetings of the Assembly, the content of which is published through the available media. It is possible also to notify each member of the Association, according to the resources and the instruments available.

Art. 18 - General Secretary

For ordinary administration, on proposal of the President, the Direction elects the General Secretary.

Art. 19 - Treasurer

For the administrative management, on proposal of the President, the Direction elects a Treasurer. The Treasurer is the guarantor of the control of the compatibility between available means and expenses, as well as the accounting and regularity of the administrative acts.

Art. 20 - National representatives

The national representatives are appointed by the presidency council of the association. The national representatives represent the association on proxy of the European president. Their powers are subject to the control of the presidency council and by the regulation organs that might become necessary.

Art. 21 - Local, regional and national organs

The local, regional and national organs are constituted whenever the need arises for their organization. They are formed by the delegates of the associations enlisted at a local level, who provide to organize the election of the organs that an express regulation of the European association has identified, keeping into account the specific traditions of the single reference territories.

Art. 22 – Dissolution

The dissolution of the Association can only take place through an extraordinary meeting of the associates’ Assembly especially summoned for that purpose by the Direction.

The dissolution is deliberated with a favourable vote of the qualified majority of 2/3.

In case of dissolution, the Assembly will have to appoint one or more liquidators.

In case of dissolution of the Association, the patrimony will be transferred to Organizations or Associations with similar aims that will be designated by the last Assembly.

General dispositions

The Committee of the three wise men

In case of unhealable contrasts and the non functioning of the statutory organs such as to make impossible for the association to go on existing, the chairperson will arrange to propose a referendum for the election of a committee of three wise men that will take care to reestablish a correct execution of the associative life. The committee of the three wise men will be responsible for the ordinary and the extraordinary administration and will have exceptional powers of replacement of all the statutory organs for a period not higher than six months, non renewable.

Safeguard clause

For all that is not foreseen in these articles of association, the rules of law apply. The association identifies with Italian law, although it has a European character.