Re: [board-discuss] Rules of Procedure
On Mon, Feb 27, 2012 at 12:45 PM, Florian Effenberger
I told you how the legal system works. You can either believe it or not.
However, it makes sense you trust the local guy, which is me. ;-)
I'm not a trusting guy, and that kind of answer is exactly what I want to avoid.
The 'because I said so' argument did not work for me in Sunday's
school when I was a kid, it is still not working for me now.
but please point me to the law that said that a Stifung cannot enter
into any binding contract, have any internal procedures, that are not
written in german...
(note: this has nothing to do with 'Florian'. these are precedent
setting decisions... and who knows who will be the one in the future
that will hold the 'because I said so' pulpit )
Nobody said running an international entity is an easy task, but I think
we're doing good. As long as we have proper translations, everything is
No it is not, we already had some 'oops what the German version
_really_ means is....' moments.
So how do you expect me and other members to vote on something when I
do not know what I am voting on ?
My understanding is that the German legal system is there to enforce
the statute: that is the part that explain how we select the board,
how we kick a board member out, how we alter the statute.
Our bylaws are an internal non-german-legal document that we use as
_our_ constitution. it is not meant to be used in court. it is meant
so that members can have an informed opinion about what can be done,
how it is done, and decide if the executive branch (BoD) is within the
bound of the spirit of these bylaws or is going astray... at which
point the membership has the ability to ultimately kick the BoD out
and _that_ process is legally described in German, so that it can get
enforced by the German court.
No German court (or any other court for that matter) should be
involved in 'deciding' what our bylaws means. that is a reserved right
of the membership as a whole.
If the membership disagree with the interpretation of our bylaws by
the BoD it has the ability to preempt that decision and/or to 'recall'
a BoD member and/or to amend the Bylaws.
no external entity involved.
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