Statuts' English Version

This version has been made by using DeepL Translator from the french version.
Statutes of the Pirate Party.
Established by the March 2018 General Assembly.
Updated by the September 2019 Statutory Assembly.
Version 10.1

GENERAL STATEMENT

Article 1: We, pirates, form the Pirate Party in compliance with the law of July 1, 1901 and the decree of August 16, 1901 for an unlimited period.

Article 2: We, pirates, militate in compliance with the Pirate Code

• I - Pirates are free.

We, Pirates, cherish freedom, independence, autonomy and refuse any form of blind obedience.

We affirm the right to inform ourselves and to choose our own destiny.

We assume the responsibility that freedom brings.

• II - Pirates respect privacy.

We Pirates protect privacy. We fight the growing obsession with surveillance because it prevents the free development of the individual. A free and democratic society is impossible without a space of freedom from surveillance.

• III - Pirates are critical thinkers.

We Pirates encourage creativity and curiosity. We are not satisfied with the status quo. We challenge systems, track down loopholes and fix them. We learn from our mistakes.

• IV - Pirates are Environmentalists

We Pirates fight against the destruction of the environment and all forms of resource capitalization. We militate for the sustainability of nature and its components. We do not accept any patent on the living.

• V - Pirates are hungry for knowledge.

Access to information, education and knowledge must be unlimited. We Pirates support free culture and free software.

• VI - Pirates stand together.

We, Pirates, respect human dignity and reject the death penalty. We are committed to a society of solidarity, defending a conception of politics made of objectivity and equity.

• VII - Pirates are cosmopolitan

We Pirates are part of a global movement. We rely on the opportunity the Internet offers to think and act across borders.

• VIII - Pirates are fair

We Pirates fight for equality between people, regardless of gender, skin color, age, sexual orientation, education, status, origin, or disability. We advocate for the freedom to flourish.

• IX - Pirates Unite

We, the Pirates, do not claim to have the solution to all problems. We believe that collective thinking is necessary, so we invite everyone to engage politically, to contribute their knowledge, experience and perspectives. We welcome out-of-the-box contributions.

• X - Pirates connect

We Pirates see that both individual and common happiness are based on the connections we make with ourselves, others, society, nature and the world. Through digitalization and the Internet, half of the world's population is connected in a horizontal and decentralized network. This collective consciousness is transforming the world.

• XI - Pirates trust

We Pirates trust ourselves and dare to trust others. We believe in collaboration and contribute to the commons and collective projects. We take a benevolent view of community life.

• XII - Pirates are Bold

We Pirates do not wait for solutions to come to us but organize ourselves to respond to the problems we face. We believe in the power of collaborative and horizontal movements.

• XIII - Pirates are diverse

We Pirates want to learn from our differences to move forward and beyond the notion of polarity. We do not believe in the traditional bipartisanship.

Anyone can be a Pirate.

PART 1: OF BEING A PIRATE

Article 3: Is a member of the Pirate Party, any individual who has paid his dues.

The amount of the fee is specified in the Rules of Procedure. Any contribution paid will not be refunded unless the Secretariat refuses membership. In this case, the reimbursement will be done according to the terms of the Internal Rules.

Article 3-1 : Membership is lost :

• By death
• By resignation
• By non-payment of the membership fee
• By exclusion, after decision of the Permanent Assembly

Article 3-2: Can join the Pirate Party people who join another political party.

They must declare it at the time of their accession or re-adhesion.

The secretariat may oppose membership if membership in another political party is contrary to the values of the Pirate Party.

PART 2: THE ORDINARY FUNCTION

Title 1: The Pirate Assemblies

Chapter 1: The Permanent Assembly

Article 4: The Permanent Assembly is held in the regularity provided in the Rules of Procedure.

Article 4-1: The permanent assembly is the gathering of all the pirates.

It is competent to approve:

1. The creation of crews and their renewal at the end of the period of activity;
2. The operating reports of crews;
3. Annual or one-time project budgets;
4. Operating codes for boards, teams, coordinations, and crews;
5. Appointments made by co-option;
6. Programmatic motions;
7. Political motions;
8. Nominations and endorsements of candidates in elections;
9. Motions to amend the rules of procedure;
10. The agenda for the statutory meeting;
11. Sanctions imposed by the Pirate Court;
12. Any decisions not within the jurisdiction of another internal body.

Article 4-2: Organizational, procedural and voting procedures are specified in the Rules of Procedure.

Article 4-3: The Permanent Assembly is convened annually by the publication of the session calendar.

Article 4-4 : The agenda is established by the secretariat in relation with the Councils, the crews and the pirates.

Chapter 2: Of the Statutory Assembly

Article 5: The Statutory Assembly is held once a year.

It is the last assembly of the session calendar.

Article 5-1: The Statutory Assembly is competent to :

1. Approve the activity and financial report of the secretariat
2. To modify the statutes
3. Elect the members of the Councils
4. Vote on the calendar of sessions of the Statutory and Permanent Assemblies

Article 5-2 : The methods of organization, procedure and voting are specified in the Rules of Procedure.

Article 5-3 : The Statutory Assembly is convened by the publication of the calendar of sessions.

Article 5-4 : The agenda is established by the Permanent Assembly.

Article 5-5: If necessary, the Permanent Assembly can transform one of its sessions into a Statutory Assembly by modifying the calendar of sessions.

Chapter 3: Crews

Article 6: The Pirate Party is made up of crews that are freely formed under the conditions provided by the statutes.

Article 6-1: Crews are formed by a minimum of 3 pirates and must be approved by the Permanent Assembly, according to the conditions provided in the Rules of Procedure.

At the time of its creation, each crew must present an Operating Code specifying at least: the scope of its activities, the modalities for becoming a member of the crew, the mode of nomination of the captain(s) of the crew and the frequency of renewal of the positions.

The Operating Code shall be subject to an a priori control by the Regulatory and Statutory Council to verify that they are not contrary to the Statutes and the Internal Regulations.

Article 6-2: The scope of a crew may be:

1. Geographical
2. Thematic
3. Project

No crew can have a field of action identical to another crew.

For the geographical crews, it is impossible that a crew is of the same geographical level as another.

Article 6-3 : Pirates can be member of several crews simultaneously.

Article 6-4 : Crews are formed for one year.

This period can be renewed if the crew submits its operating report to the agenda of the Permanent Assembly before the end of its anniversary month and the Permanent Assembly approves it.

The founding members of the crew may decide that the crew shall have a period of activity of less than one year. On the date set by the Operating Code, the Crew will be automatically dissolved.

Article 6-5: Crews may request funds from the Permanent Assembly:

1. Annually, after presentation of a detailed project of the actions envisaged and an associated provisional budget for the year
2. On an ad hoc basis, after presentation of a detailed project and a provisional budget for the planned action

The funds are delivered on presentation of the accounting documents to the Treasury and Accounting Council under the conditions provided for in the Internal Regulations.

Section 6-6: A crew is automatically disbanded:

1. At the end of the period of activity provided for in the Operating Code
2. Upon failure to submit an annual report to the Permanent Assembly
3. For lack of approval of the annual report by the Permanent Assembly
4. After a reasoned decision of the Pirate Court approved by the Permanent Assembly, when the crew has committed a serious fault or violated the Statutes and Rules of Procedure in an intentional or repeated manner. Individual members of the crew may be subject to individual sanctions.

Dissolution results in the loss of the Crew's ability to collect funds for its projects.

Article 6-7: Crews formed for a term of less than one year may be dissolved before the expiration of their term. This decision must be made by a majority of the members.

Article 6-8: If the crew is created with a term of less than one year, it shall submit a report to the Permanent Assembly at the end of its period of activity.

The captain of the crew shall inform the Internal Life Council of the dissolution within a maximum of one week after the vote has been held.

Dissolution results in the loss of the crew's ability to collect funds for its projects.

Article 6-9: Upon the dissolution of the crew, the unused funds granted are returned to the general treasury.

Title 2: Operational Bodies

Chapter 1: Councils

Article 7 : The Councils have the mission to ensure the good functioning of the party, its administrative, financial and legal management, the animation of the internal life and the external relations.

Article 7-1: The Councils are elected for a period of two years and renewed by half every year.

The Councils are elected by the method of majority judgment according to the modalities provided for in the Rules of Procedure.

No one may be a member of two Councils simultaneously.

Article 7-2: Each council elects one or two council delegates from among its members. The delegates form the secretariat.

Article 7-3 : Each council must have an operating code, validated by the Permanent Assembly.

Article 7-4 : According to the modalities provided for in the Rules of Procedure, the Councils can delegate part of their competences to crews for a determined period.

The Regulatory and Statutory Council cannot delegate any of its competences.

Article 7-5: The Councils may be endowed with secondary competences. Secondary powers must be included in the Rules of Procedure.

Article 7-6 : The Permanent Assembly is competent to elect the members of the Councils when the Statutory Assembly is held within a period of more than two months and when the election of a Councillor is necessary for the proper functioning of the Councils and the Secretariat. It is possible to repeat this operation as many times as necessary. The procedures for the election of Councillors by the Permanent Assembly are those provided for in the Internal Regulations for the Statutory Assembly.

Section 1: The Council of Internal Life

Article 8 : The mission of the Council of Internal Life is :

1. To ensure the smooth running of the debates, the Permanent Assembly and the access of the hackers to the decision-making tools
2. To ensure the moderation of discussions on the various platforms used
3. To ensure the reception and training of hackers
4. To keep the register of the crews

Article 8-1: The Internal Life Council is composed of a minimum of 3 members and a maximum of 9.

The members can divide the competences between them.

Article 8-2 : The modalities of referral of the Council of Internal Life are specified in its Code of operation.

Article 8-3 : If the Internal Life Council notices a violation of the statutory or regulatory rules by a user of the tools, it must refer the matter to the Regulatory and Statutory Council in order to initiate a disciplinary procedure.

Section 2: The Technical Council

Article 9: The Technical Council's mission is to:

1. To ensure the integrity of the decision-making tools
2. To develop the specifications of the tools requested by the Permanent Assembly
3. Control the upkeep and maintenance of the various decision-making or communication tools and the infrastructures that host them.
4. To keep accessible to any hacker who asks for it, the content and the way of functioning of the different tools

Article 9-1 : The Technical Council is composed of a minimum of 3 members and a maximum of 9.

Article 9-2 : The modalities of referral of the Technical Council are specified in its Code of operation.

Article 9-3 : If the Technical Council notes a violation of the statutory or regulatory rules by a person working on the tools and infrastructures, it must refer the matter to the Regulatory and Statutory Council in order to initiate a disciplinary procedure.

Section 3: The Treasury and Accounting Council

Article 10: The Treasury and Accounting Council has the following mission:

1. To keep the accounts of the party
2. To prepare the payment vouchers to be validated by the members of the secretariat
3. To verify that the accounting documents provided by the crews correspond to expenses validated by the Permanent Assembly
4. Establish, in conjunction with the Secretariat, the annual budget forecast of the Pirate Party, which is presented to the Permanent Assembly
5. To establish, in conjunction with the Secretariat, the financial report of the past year, which is presented to the Statutory Assembly

Article 10-1 : The Treasury and Accounting Council is composed of a minimum of 3 and a maximum of 9 members.

Article 10-2 : The modalities of referral to the Treasury and Accounting Board are specified in its Operating Code.

Article 10-3: If the Treasury and Accounting Board finds that a crew spends its allocated budget for a purpose other than that approved by the Permanent Assembly, it must refer the matter to the Regulatory and Statutory Board in order to initiate disciplinary proceedings.

The transmission of a case by the Treasury and Accounting Board to the Regulatory and Statutory Board shall have the effect of blocking all payments.

Section 4: The Regulatory and Statutory Board

Article 11: The Regulatory and Statutory Board has the following mission:

1. to ensure that decisions taken by the various organs of the party are in conformity with the statutes, the internal regulations and the legal obligations in force
2. To interpret the Statutes and the Internal Regulations
3. To investigate disciplinary cases in charge and discharge, to submit them to the Pirate Court and enforce the decision taken
4. To deal with the release of crews by temporary suspension, full or partial code of operation of the crew

Article 11-1: The Regulatory and Statutory Council is composed of a minimum of 3 members and a maximum of 9.

Article 11-2 : The Regulatory and Statutory Council may be seized in disciplinary matters :

1. By the Councils and the Secretariat within the limits of their statutory competences;
2. By at least three pirates.

Article 11-3: The Regulatory and Statutory Council may be seized by any pirate or internal organization to interpret the Statutes and the Rules of Procedure, to investigate disciplinary cases for the prosecution and defense, to determine whether or not to submit them to the Pirate Tribunal and to enforce the decision taken.

Article 11-4: The Regulatory and Statutory Board may conciliate before convening the Pirate Court if it appears that the dispute can be resolved in this manner.

Article 11-5: The procedures for referral to the Regulatory and Statutory Council are specified in its Operating Code.

Section 5: The Public Relations Council

Article 12 : The Public Relations Council has the following mission:

1. To implement the external relations policies decided by the Permanent Assembly
2. To negotiate with third party organizations, if no negotiator has been expressly designated by the Permanent Assembly
3. Develop the party's national communications strategy
4. Validate the elements of communication elaborated by the crews
5. To coordinate the actions of the spokesmen
6. Ensure the dissemination of pirate propaganda to local, national and foreign media
7. To manage the publications on the social networks at the national level

Article 12-1 : The Public Relations Council is composed of at least 3 members and at most 9.

Article 12-2: The modalities of referral of the Public Relations Council are specified in its Operating Code.

Article 12-3: If the Public Relations Council finds that a person in charge of representing the party outside holds words or performs acts detrimental to the image of the Pirate Party, it must refer to the Regulatory and Statutory Council in order to initiate disciplinary proceedings.

Article 12-4: Unless otherwise decided by the Permanent Assembly, the members of the Public Relations Council have the status of spokesperson.

Chapter 2: The Secretariat

Article 13 : The secretariat has the following mission:

1. To execute the decisions taken by the Permanent or Statutory Assembly;
2. To legally commit the party by signing agreements, after approval by the Permanent Assembly;
3. To take legal action, after approval by the Permanent Assembly.
4. To establish, in connection with the Councils, the activity report of the past year which will be presented to the Statutory Assembly

Article 13-1: In connection with the organization of the Permanent or Statutory Assembly, the secretariat has the following mission

1. To publish the agenda, to promulgate the results, and to transcribe them on the dedicated platforms ;
2. To direct the pirates towards the Councils which must decide beforehand on the content of the motion before its inscription on the agenda.

Article 13-2 : The modalities of referral to the Secretariat are specified in its Operating Code.

Article 13-4: The Secretariat has a right of veto on all motions presented to the Permanent or Statutory Assembly when they represent a legal risk for the Pirate Party. The decision must be made by a two-thirds majority of its members.

This veto can be overridden by a decision of three Councils. The decision to lift the veto must be voted on separately in each Council and approved by an absolute majority of its members.

If the Secretariat's veto is lifted by the Councils, the members of the Secretariat must resign.

Article 13-5: The Secretariat elects the officers of the Pirate Party Funding Association.

Article 13-6: All members of the Secretariat are declared in the Prefecture as legal representatives of the Pirate Party as delegates to the Board. Among the members of the Secretariat are designated two people to act as legal representatives to external organizations. These two people are chosen by consensus or by lot.

Chapter 3: Special bodies

Section 1: The Pirate Court

Article 14: The tribunal is an exceptional formation whose purpose is to rule on the fault committed by a crew or a pirate.

Article 14-1: It is composed of 3 pirates drawn by lot among all the members, who must sit there otherwise they will be deprived of their right to vote at the Permanent General Assembly of pirates for a period of one month. Pirates serving on the Pirate Court must be trained to perform their duties.

The following may not serve on the Pirate Tribunal: members of the Regulatory and Statutory Council, the Secretariat, and the members of the Council or the Pirates who initiated the referral to the Tribunal.

Pirates constituting the Pirate Tribunal may be challenged if there is an apparent or perceived risk that they may be biased in the case. Reasons for the challenge must be given by the person requesting the challenge.

Article 14-2: Misconduct occurs when a crew or pirate:

1. Violates the Statutes or the Rules of Procedure
2. Commits repeated breaches of the elementary rules of collective life such as, for example: uttering insults, spamming, harassing...

Article 14-3: The sanctions that can be pronounced are :

1. the call to order,
2. the deprivation of the right to vote at the Permanent and Statutory Assemblies of the pirates for a determined period not exceeding 6 months,
3. a ban on holding a position as captain or a position within the Councils and the Secretariat for a fixed period of time not exceeding 1 year
4. A ban on forming a crew for a period not exceeding one year,
5. Suspension for a maximum of 6 months,
6. The loss of membership permanently, with a ban on re-adherence.

Article 14-4: The Pirate Court shall give reasons for its decision in light of the facts presented to it. In the absence of solid evidence, the Pirate Court shall dismiss the case, making any prosecution for the same facts impossible.

Article 14-5: If the facts are criminal, the Pirate Court must order the Secretariat to bring the case to court.

Article 14-6: Any sanction decided by the Pirate Court must be taken by absolute majority.

Article 14-7: Any sanction decided by the Pirate Court must be submitted to the Permanent Assembly for approval.

If the situation requires it and the next Permanent Assembly is too far away in time, the Pirate Court can decide on a provisional execution of the sanction. This decision must be taken by an absolute majority.

Section 2: Of the technical team

Article 15: The technical team is a group of pirates whose mission is to ensure the development and technical maintenance of the tools and infrastructures hosting the tools, the installation of new tools and the securing of this set essential to the proper functioning of the democratic model desired by the pirates and defined by these statutes and the internal regulations. The technical team is subordinated to the Technical Council.

Article 15-1: The members of the technical team are recruited by co-option. The Permanent Assembly must approve the appointment of new members of the technical team.

Article 15-2: The technical team has an Operating Code, approved by the Permanent Assembly.

Article 15-3 : The quality of member of the technical team is lost by :

• loss of membership in the Pirate Party,
• resignation addressed to the Technical Council,
• repeated absence noted by the Technical Council.

Section 3: Of the international team

Article 16: The international team is a group of pirates whose mission is to represent the Pirate Party to other pirate parties, at meetings of federations of pirate parties and international organizations.

Article 16-1: The members of the international team are recruited by co-option. The Permanent Assembly must approve the appointment of new members of the international team.

Article 16-2: The international team shall have an Operating Code, approved by the Permanent Assembly.

Section 4 : Of the external communication team

Article 17 : The external communication team is a group of pirates whose mission is to elaborate the national and crew propaganda supports at their request. The External Communications Team is subordinate to the Public Relations Council.

Article 17-1: Members of the external communications team are recruited by co-option. The Permanent Assembly shall approve the appointment of new members of the external communications coordination.

Article 17-2: The External Communications Team shall have an Operating Code, approved by the Permanent Assembly.

Article 17-3: Membership in the External Communications Team is lost by:

• loss of membership in the Pirate Party,
• resignation addressed to the Public Relations Council,
• repeated absence as determined by the Public Relations Council.

Chapter 4: Pirates of Extraordinary Ability

Section 1: Spokespeople

Article 18 : The spokesmen are named by the Permanent Assembly according to the modalities foreseen in the Rules of procedure.

Section 2 : Moderators

Article 18-1: The moderators are Pirates who are in charge of the operations of moderation under the supervision of the Council of internal life.

The moderators' appointment, their missions and their powers are described in the internal rules.

Chapter 5: Conflicts of interest

Article 18-1: Any Pirate coordinating or participating in an action within the party must declare as soon as possible the conflicts of interest that concern him. He must abstain from voting on decisions affected by these conflicts.

Article 18-2: Pirates paid by the Pirate Party have their voting rights suspended in all Councils, in the Secretariat, and in all special formations. The only exception is the Pirate Court. These Pirates are also suspended from serving as spokespersons. If it is an employment contract, this suspension is valid for the duration of the contract until its end or until its disappearance. If it is about a contract of provision of services, this suspension is worth of the signature of the contract until the delivery of the object of the contract.

Article 18-3: The Regulatory and Statutory Board is competent to assess the extent of a conflict of interest. It may issue recommendations to avoid any suspicion of collusion.

Article 18-4 : The Rules of procedure specify the modalities of application of the present chapter.

Title 3: Resignation and dismissal

Chapter 1: Resignation

Article 19: Any pirate may freely resign from his duties in the manner provided for in the Internal Regulations.

Article 19-1: Members of the Councils and of the Secretariat who resign must hold their position for the duration of one month following their resignation if necessary. This obligation is lifted in case of loss of membership or compelling personal reasons that do not allow for an interim.

Article 19-2: An elected or co-opted pirate who does not take part in meetings, votes and discussions for a period of three consecutive months is deemed to have resigned from his position.

The modalities of the de facto resignation are provided for in the Rules of Procedure.

Chapter 2: Revocation of office

Article 20: The revocation is an exceptional procedure whose purpose is to remove an elected or co-opted person from his functions.

Article 20-1: Any elected or co-opted person may be removed from office.

Article 20-2: Removal must be requested by ten pirates who must make their request public.

Article 20-3: The Permanent Assembly is competent to pronounce the revocation of an elected or co-opted person.

The procedure is carried out under the conditions provided for in the Rules of Procedure.

Article 20-4: The dismissal must be approved by a two-thirds majority of those voting.

Title 4: The Program

Article 21: The program of the Pirate Party is a set of ideological texts and political measures that adherents to these statutes are committed to defend and respect.

Article 21-1: The measures comprising the program are approved by the Permanent Assembly under the conditions provided for in the Rules of Procedure.

Title 5: Rules of Procedure

Article 23 : An internal regulation is established which gathers all the procedures provided for by the present statutes, as well as the procedures necessary for the good functioning of the Pirate Party.

Article 23-1: The Rules of Procedure may be modified by the Permanent Assembly under the conditions provided for in the Rules of Procedure.

Part 3: Being a Pirate Comrade

Article 24:' Is a Pirate Comrade, any individual registered on the dedicated register.

This role does not give rise to payment of dues, does not confer the right to vote and gives limited access to the party's infrastructure, access identical to that of an unidentified visitor.

The rights of this role are restricted to the limits set by the Internal Regulations.

Article 24-1: The quality of Comrade of the Pirates is lost: - By death; - By resignation; - In the circumstances provided for in the Internal Regulations; - By exclusion, after decision of the Council of Internal Life.

Part 4: Legal provisions ==

Title 1: Head office

Article 25: The headquarters of the Pirate Party is located 21 place de la République, Paris 3rd.

Article 25-1: It may be transferred by simple decision of the Secretariat provided that it remains within the jurisdiction of the same municipality.

== Title 2: Resources

Article 26: The Pirate Party has a vocation to act as a political party, including by intervening financially in the French political life. As such, it complies with the regulations concerning the financing of political life, including the establishment of a funding association.

Article 26-1: The resources of the association include :

• the amount of the contributions,
• the sums received in return for services provided or goods or products sold by the association,
• manual donations,
• any other resource provided for by the law, including, where applicable, the legal provisions concerning the financing of political movements.

== Title 3: Dissolution

Article 27: Dissolution may be requested by one third of the members.

Article 27-1: Dissolution is voted by a Statutory Assembly specially convened for this purpose.

Article 27-2: Dissolution must be approved by a two-thirds majority of those voting.

Article 27-3: The Statutory Assembly appoints a liquidator.

The assets will be devolved, in accordance with Article 9 of the Act of 1 July 1901, to Pirate Parties International or the European Pirate Party.

Article 27-4: The conditions for convening and voting on the dissolution are provided in the Rules of Procedure.

Statuts

Permanent Assembly