STATUTES OF THE INTERNATIONAL ASSOCIATION OF SOCIAL PROTECTION-ASOCIACIÓN INTERNACIONAL DE PROTECCIÓN SOCIAL (IASP-AIPS)
STATUTES OF THE INTERNATIONAL ASSOCIATION OF SOCIAL PROTECTION-ASOCIACIÓN INTERNACIONAL DE PROTECCIÓN SOCIAL (IASP-AIPS)
Under the name International Association of Social Protection-International Social Protection Association (IASP-AIPS), the association is constituted, with international geographical scope, which for legal purposes carries out its activities in accordance with Spanish legislation, Organic Law 1/2002, of 22 March, and is also subject to Spanish jurisdiction.
The aims of the association are:
a) To clarify the composition in the different countries of the fundamental right to social protection, both in the contributory subsystem and in the non-contributory and welfare subsystem, in accordance with the definition provided for in Article 25, paragraph 1 of the Universal Declaration of Human Rights.
b) Contrast between countries the type of management prevalent in the entire system, whether public or private, and determine the points of connection between the two.
c) Determine the sources of financing, their administration and management, and their distribution among the various contingencies.
d) To compare compliance with the principle of equality between men and women, adults and children, working age and retired, and to determine the existence of causes of discrimination between categories at risk, by race, color, sexual tendency, etc.
e) Compare the profiles of the different contingencies in terms of time limits, subjective and objective requirements, financial and/or contribution requirements, etc.
f) Compare the requirements for insurance coverage of categories and border situations, both migratory, displaced and border.
g) Analyse financial solvency guarantee institutions, such as guarantee funds, reserve funds and reinsurance, across countries.
h) Detect emerging and diminishing protections, or in other words, of new creation or of the elimination of protected contingencies, at the international level.
In the work of the IASP-AIPS, care shall be taken to avoid with exquisite care any encroachment of the field by other, older associations in the field of labour and insurance, with which cooperation and mutual assistance shall be pursued at all times.
Any profit motive is excluded.
1. The legal address of the association is established in Seville, Avenida Padre García Tejero 27, postal district 41012.
2. The main area of activity of the entity is international. However, any other geographical reference (whether local, regional or national) relating to the activities of the association is also considered indicative of the scope of activity.
The IASP-AIPS is open to all national associations interested in the development of social security, especially judges, professors, technicians, social graduates, lawyers and doctors involved in these matters. They must submit a written request to the Board of Directors, which will take a decision on the matter at the first meeting to be held and report it to the most immediate General Assembly.
The members of the association and their representatives are entitled to:
1. To attend the meetings of the General Assembly by voice and vote.
2. To elect or be elected to representative positions or to hold managerial positions.
3. To exercise the representation conferred upon them in each case.
4. To intervene in the government and the administration, services and activities of the association, in accordance with legal and statutory regulations.
5. To expose to the Assembly and the Board of Directors all that they consider may contribute to making the life of the association more enriching and more effective the realization of basic social objectives.6. Solicitar y obtener explicaciones sobre la administración y la gestión de la Junta Directiva o de los mandatarios de la asociación.
Be heard prior to disciplinary action.
8. To receive information on the activities of the association.
9. Make use of the common services that the association establishes or has at its disposal.
10. To be part of the working groups.
11. Have a copy of the statutes.
12. Consult the books of the association.
The duties of the members of the association are:
1. To commit to the aims of the partnership and to participate actively in achieving them.
2. To contribute to the maintenance of the association by paying contributions, payments and other financial contributions fixed by the statutes and approved in accordance with them.
3. To fulfil other obligations arising from the provisions of the Staff Regulations.
4. To abide by and comply with agreements validly adopted by the governing bodies of the association.
The following are grounds for dismissal:
1. To be decided by the national association concerned, which must communicate its decision in writing to the Board of Directors.
2. Failure to meet the quotas.
3. Failure to fulfil statutory obligations.
1. The General Assembly is the sovereign organ of the association; its members form part of it in their own right and cannot be waived.
2. The members of the association, meeting in a legally constituted General Assembly, decide by a majority on matters falling within the competence of the Assembly.
3. All members are subject to the agreements of the General Assembly, including those who are absent, those who disagree and those present who abstained from voting.
The General Assembly has the following powers:
a) Amend the statutes.
b) Electing and separating members of the governing body and monitoring its activity.
c) To approve the annual budget and the annual accounts, and also to adopt the agreements for the fixing of the form and amount of the contribution to the support of the association and to approve the management carried out by the governing body.
d) Agree to dissolve the association.
e) Join or separate from other associations.
f) Request the declaration of public utility. g) Adopt the internal regulations.
h) Agree on the final discharge or separation, with a prior record, of the associates.
i) Know the applications submitted to become a member, and also the discharge and discharge of associates for a reason other than that of the final separation.
j) Decide on any other matter that is not directly attributed to any other organ of the association. The list of powers in this article is of a purely enunciative nature and does not limit the powers of the General Assembly.
1. The General Assembly meets in ordinary session at least once a year.
2. The governing body may convene the general assembly on an extraordinary basis whenever it deems appropriate, and shall do so at the request of not less than 10 per cent of the members; in this case, the assembly must take place within 30 days from the date of the request.
1. The assembly is convened by the governing body by means of a convocation, which must contain at least the agenda, place, date and time of the meeting.
2. The notice must be communicated 15 days before the date of the meeting, individually and by means of a letter addressed to the address that is recorded in the updated list of members that the association must have.
3. The meetings of the General Assembly are chaired by the president of the association. If he is not present, he must be replaced successively by the vice-president or the senior member of the Board. He who holds the same position on the Board of Directors must act as secretary.
4. The minutes of each meeting are drawn up by the Secretary and signed by himself and the President, with an extract of the deliberations, the text of the agreements adopted, the numerical result of the votes and the list of persons present.
The minutes of the previous meeting are read out at the beginning of each meeting of the General Assembly for approval or amendment. However, five days before, the minutes and any other documentation must be available to the members in the social premises.
1. The general assembly is validly constituted regardless of the number of members present or represented.
2. 10% of the members may request the governing body to include on the agenda one or more matters to be dealt with and, if the assembly has already been convened, provided that they do so within the first third of the period between receipt of the notice and the date of the meeting of that notice. The request can also be made directly to the assembly, which decides what it considers appropriate, but can only adopt agreements on items not included in the agenda communicated in the call, if so decided by a majority of three quarters of the persons present.
1. At meetings of the General Assembly, each member of the association shall have one vote.
2. Agreements shall be made by a simple majority of votes of the members present or represented.
3. To adopt agreements on the separation of members, the amendment of the statutes, the dissolution of the association, the formation of a federation with similar associations or integration into an existing one, The number of votes required is equivalent to two thirds of those present. In any case, the election of the Board of Directors, if several nominations are presented, is made by agreement of the relative majority of the members present or represented.
4. Applications submitted formally are entitled to a copy of the list of members and their addresses certified by the Registrar with the approval of the President.
1. The association is governed, administered and represented by the Board of Directors, composed of the president, two vice-presidents, the secretary, the treasurer, and the members. These positions must be held by different persons.
2. The members of the Board of Directors, who shall be members of the Board of Directors, shall be elected by a vote of the General Assembly. The elected persons take office after having accepted the position.
3. Appointments and dismissals must be certified by the outgoing secretary, with the approval of the outgoing president, and must be communicated to the Register of Associations.
4. The members of the Board of Directors may not engage in any activity remunerated by the association.
1. The members of the Board of Directors shall hold office for a period of four years, provided that they may be re-elected.
2. Dismissal before expiry of the statutory term of office may be effected by:
a) voluntary resignation by means of a written statement stating the reasons
b) illness which renders him unfit for office
c) dismissal as a member of the association
d) penalty for an offence committed in office, imposed in accordance with article 13.3 of the bylaws
3. Vacancies in the Board of Directors must be filled at the first meeting of the General Assembly that takes place. In the meantime, a member of the association may provisionally hold the vacant post.
1. The Board of Directors has the following powers:
a) To represent, direct and administer the association in the broadest manner recognized by law; also, to comply with decisions taken by the General Assembly, in accordance with the rules, instructions and guidelines to be established by this Assembly.
b) To make the necessary arrangements with regard to appearance before public bodies and to take any kind of legal action and lodge the appropriate appeals.
c) To propose to the General Assembly the defense of the interests of the association.
d) To propose to the General Assembly the defense of the establishment of the quotas that the members of the association must satisfy.
e) To convene general assemblies and to monitor compliance with the agreements adopted.
f) Submit the balance sheet and statement of accounts for each year to the General Assembly for approval, and prepare the budgets for the following year.
g) Hiring employees that the association may have.
h) Inspect the accounts and ensure that the services operate normally.
i) To establish working groups to achieve in the most efficient and effective way the aims of the association, and to authorize the acts that these groups plan to carry out.
j) Appoint the members of the Board of Directors who will be responsible for each working group, on the proposal of the same groups.
k) Make the necessary arrangements with public bodies, entities and other persons to obtain:
-subsidies or other aids
-the use of premises or buildings that may become a place of coexistence and communication
l) Open current accounts and savings books at any savings credit institution and dispose of the funds in this deposit. The disposition of funds is determined in article 29.
m) To resolve provisionally any case not provided for in the statutes and to report at the first meeting of the General Assembly.
n) Any other power not specifically conferred on any other governing body of the association or expressly delegated.
1. The Board of Directors, convened in advance by the President or the person replacing him, shall meet in ordinary session at such intervals as its members may decide, and shall in no case be less than twice a year.
2. It shall meet in extraordinary session when it is convened in this capacity by the President or if 50% of its members so request.
1. The Board of Directors is validly constituted if it has been convened in advance and there is a quorum of half plus one.
2. The members of the Board of Directors are obliged to attend all meetings which are convened, although for justified reasons they may be excused. The presence of the President or the Secretary or the persons replacing them is always necessary.
3. The Board of Directors takes decisions by a simple majority of votes of the participants.
1. The Board of Directors may delegate any of its powers to one or more committees or working groups if it has two thirds of its members in favour.
2. It may also appoint, by the same quorum, one or a few representatives to perform the function entrusted to them with such powers as it considers appropriate to confer on them in each case.
The agreements of the Board of Directors must be recorded in the record book and signed by the secretary and the president. At the beginning of each meeting of the Board of Directors, the minutes of the previous session must be read for approval or correction, if appropriate.
1. The following functions belong to the President:
a) To direct and represent the association legally, by delegation of the General Assembly and the Board of Directors.
b) To chair and direct the debates of both the General Assembly and the Board of Directors.
c) Cast a casting vote in the event of a tie.
d) To convene meetings of the General Assembly and the Board of Directors.
e) To endorse the minutes and certificates drawn up by the secretary of the association.
f) The remaining powers of the office and those delegated to it by the General Assembly or the Board of Directors.
2. In the event of absence or illness, the Chairman shall be replaced by the Vice-President or the oldest member of the Board in that order.
The function of the treasurer is the custody and control of the resources of the association, as well as the preparation of the budget, the balance sheet and the clearance of accounts. Carry a cash book. Sign the receipts for fees and other treasury documents. It pays bills approved by the Board of Directors, which must be previously endorsed by the president and deposits what is left over in open deposits in credit or savings establishments.
The Secretary-General must keep the documents of the association, draw up, draft and sign the minutes of the meetings of the General Assembly and the Board of Directors, draft and authorize the certificates to be delivered, and also keep the register of members.
As IASP-AIPS wishes to coordinate with the other organizations present in the scope of its object, the members represent the different sectoral associations and professional associations involved in Health and Social Security. They are designated by the respective Association or College from among the members of IASP-AIPS.
The creation and formation of any commission or working group must be raised by the members of the association who want to form them, who must inform the Board of Directors and explain the activities they intend to carry out. The Board of Directors must take care to analyze the different commissions or working groups, whose leaders must submit a detailed report of their actions once a month.
This association has no foundational patrimony.
The economic resources of the association are financed by:
a) the assessed contributions of the General Assembly to its members
b) government or private subsidies
c) donations, inheritances or legacies
d) the income of the estate itself or other income that may be obtained
All members of the association have the obligation to support it economically, through quotas or spills, in the manner and in the proportion determined by the General Assembly, at the proposal of the Board of Directors.
The General Assembly may establish income quotas, periodic quotas -which will be paid by months, quarters or semesters, as provided by the Board of Directors- and extraordinary quotas.
The financial year coincides with the calendar year and is closed on 31 December.
The signatures of the President, the Treasurer and the Secretary must appear on current accounts or savings books opened in credit or savings establishments. To be able to dispose of the funds is enough with two signatures, one of which must be the treasurer’s or the president’s.
The governing body may sanction infringements committed by members who fail to fulfil their obligations.
These violations can be classified as minor, serious and very serious, and the corresponding sanctions can range from a warning to the expulsion of the association, according to the rules of procedure.
The sanctioning procedure is initiated ex officio or as a result of a complaint or communication. Within 10 days, the Board of Directors appoints an investigator, who processes the sanctioning file and proposes the resolution within 15 days, with a preliminary hearing of the alleged offender. The final resolution, which must be reasoned and approved by two thirds of the members of the Board of Directors, is adopted by this governing body also within a period of 15 days.
Against penalties for serious and very serious offences agreed by the Board of Directors, the persons concerned may appeal, if the rules of procedure provide for the procedure for doing so, to the first general assembly to be held.
The association may be dissolved if so agreed by the General Assembly, convened on an extraordinary basis expressly for this purpose.
Economic resources The economic resources of the association are financed by:
a) the quotas fixed by the General Assembly for its members
b) official or private grants
c) donations, inheritances or legacies
d) the income of the estate itself or other income which may be obtained
Dues or payments. All members of the association have the obligation to support it economically, through quotas or payments, in the manner and in the proportion determined by the General Assembly, on a proposal from the Executive Board, shall be paid in the form laid down by the Executive Board.
Financial year. The financial year coincides with the calendar year and is closed on 31 December.
Disposition of funds The signatures of the president and the treasurer must appear in the current accounts or savings books opened in credit or savings establishments. In order to have the funds available, both signatures will be required.
Infringements and sanctions. The governing bodies of IASP-AIPS may sanction infringements committed by members who fail to comply with their obligations. These violations can be classified as minor, serious and very serious, and the corresponding sanctions can range from a warning to the expulsion of the association, according to the rules of procedure. The sanctioning procedure is initiated ex officio or as a result of a complaint or communication. Within 10 days, the Executive Committee shall appoint an investigator, who shall process the sanctioning file and propose the decision within 15 days, with a preliminary hearing of the alleged offender. The final resolution, which must be reasoned and approved by two thirds of the members of the Board of Directors, is adopted by this governing body also within a period of 15 days. Against sanctions for serious and very serious offences agreed by the Executive Committee, the persons concerned may appeal to the first general assembly to be held in accordance with the provisions of the rules of procedure.
Recognition It is the purpose of the IASP-AIPS to recognize the work carried out by persons or entities that have stood out for their professional, scientific or other merits in favor of Health and Social Security or the Association. The initiative of distinction may start from the General Assembly, the Presidency of IASP-AIPS, Executive Committee or Advisory Council. Analyzed and evaluated by the Executive Committee, the relevant and meritorious work in favor of Health and Social Security or the Association of the proposed person, is proposed to the General Assembly the appropriate distinction.
Honours and honours The following distinctions are established:
a) Honorary President. It shall be granted to the natural person who has seconded IASP-AIPS. b) Honorary Member. It shall be granted to the natural or legal person outside IASP-AIPS, who have contributed in a special way to the growth and development of the Association. The Secretary-General of the Association shall keep a special register of distinctions and honours, which shall contain the appointment agreement and the name of the natural or legal person on whom the distinction falls.
Amendments to the statutes. 1. The statutes may be amended only by agreement reached at the General Assembly on the proposal of the Board of Directors or by a minimum number of members representing 30% of the total. In the latter case, the proposed amendment shall be submitted to the Board of Directors two months before the annual session of the General Assembly. 2. Amendments to the Statutes shall require an agreement adopted by the General Assembly convened specifically for that purpose, shall be registered within one month and shall have effect only for members and third parties, since it has been entered in the relevant Register of Associations. The remaining amendments will be effective for partners from the time of their adoption under the statutory procedures.
Dissolution. The association may be dissolved if so agreed by the General Assembly, convened on an extraordinary basis expressly for this purpose.
Liquidation. 1. Once the dissolution is agreed, the General Assembly must take appropriate action. 2. The Assembly is empowered to elect a liquidating commission whenever it considers it necessary. 3. Members of the association are exempt from personal liability. Their liability is limited to fulfilling their own voluntary obligations. 4. The net balance resulting from the liquidation must be delivered directly to the public or private non-profit-making body which, in the territorial sphere of activity of the association, has placed more emphasis on its activities in favour of charitable works. 5. The functions of liquidation and execution of the agreements referred to in the preceding paragraphs of this article are the responsibility of the Board of Directors if the General Assembly does not confer this mission on a specially designated liquidating commission.
For everything not expressly provided for in these Statutes, the LO 1/2002 of 22 March of the Kingdom of Spain shall be of default application.
The Board of Directors is empowered to draw up such regulations as may be necessary to develop the provisions of these statutes, and must report to the General Assembly so that they may be ratified by it.
A Management Commission shall be constituted to conduct the procedure of organization and initial legalization of IASP-AIPS until it is fully constituted, at which time elections shall be called for the formation of its regular bodies. 2. The Management Committee shall be composed of a coordinator and at least as many natural persons as associations have entered until that time, at least one representative per national association. 3. Each new association incorporated shall send to the Management Board a representative who shall vote on behalf of the Management Board.