Summary
The Pirate Parties International Court of Arbitration was requested by by the Board of Pirate Parties International to rule on the admissibility of membership applications that were sent after the deadline of 4 weeks before the General Assembly of Pirate Parties International in Prague on 14-15th of April 2012.
The Court found that these applications are not admissible at the General Assembly of Pirate Parties International in Prague on 14-15th of April 2012. But the applications will be admissible at the next General Assembly of Pirate Parties International.
Court of Arbitration ruling n°2012-2, April the 14th
THE PIRATE PARTIES INTERNATIONAL COURT OF ARBITRATION,
Given the Pirate Parties International Statutes,
Given the Pirate Parties International Wiki history,
Given the hearing of four applicants members,
Given the testimony of a Board member regarding applications reception dates,
Given the motivations of the original amendment SAP-11 of the General Assembly of Pirate Parties International 2011, in Friedrichshafen.
1) Considering article III, paragraph 3 of the Pirate Parties International Statutes, defines, since General Assembly of Pirate Parties International 2011, in Friedrichshafen, that the membership applications shall be sent 4 weeks in advance to the Board.
2) Considering the Wiki page on the Pirate Parties International Website used for membership application was not updated by the Board after the General Assembly of Pirate Parties International 2011, in Friedrichshafen to reflect the current state of the Statutes.
3) Considering that there is no motive to induce all applicants in error regarding the application deadline.
4) Considering that all applicants shall have read the current Statutes.
5) Considering that the current version of the Statutes is correctly published by the Board.
6) Considering that therefore the omission of the Board is not be enough to induce the applicants in error.
7) Considering that nine out of thirteen applications were sent after the 4 weeks deadline.
8) Considering that the smallest gap between the deadline and an application was superior to 4 days.
9) Considering that none of the heard late applicants raised a legal base to challenge the 4 weeks deadline.
10) Considering the motivation statement of the amendment proposal SAP-11 of the General Assembly of Pirate Parties International 2011, in Friedrichshafen, that introduced the 4 weeks deadline, which clearly states the need of a delay between applications and the General Assembly for members to have the time to judge them.
11) Considering that therefore the Court of Arbitration has no ground to declare the late applications admissible for General Assembly of Pirate Parties International in Prague on 14-15th of April 2012.
12) Considering that all concerned applications shall be considered admissible 4 weeks after they have been filed.
13) Considering that a General Assembly, either ordinary or extraordinary, has to be announced at least 5 weeks in advance.
14) Considering that therefore all concerned applications shall be considered admissible at the next General Assembly.
S T A T E S
Article 1) All applications received after March 17th of 2012 are not admissible at the General Assembly of Pirate Parties International in Prague on 14-15th of April 2012.
Article 2) These applications will be admissible at the next General Assembly.
Article 3) The current decision will be published on the PPI website.
Deliberate by the Pirate Party International Court of Arbitration on April 14th of 2012, attended by the followings : Sven Clement, Marco Confalonieri, Pascal Gloor, Arturo Martínez, Jurgen Rateau and Maxime Rouquet.
