1.0. Objects and Scope
The primary object of the Competition Law Scholars Forum (hereafter CLaSF) is the promotion of competition law scholarship, principally in the United Kingdom; the Member States of the European Union, and those states who may accede to the European Union.
The secondary objects include:
- improving the quality of competition law teaching in University Law Schools;
encouraging the teaching of competition law in University Law Schools;
- improving knowledge and understanding of competition law among the wider community of legal scholars, the legal profession, policy-makers and the general public;
- Disseminating knowledge and understanding of competition law in Central and Eastern European and developing countries.
- Raising funds to support scholarly research into competition law.
For the avoidance of doubt, all funds of the CLaSF shall be used for, and any fundraising carried out by the CLaSF and grants obtained by the CLaSF shall be for the purpose of, the above objects only. The CLaSF does not have as its object the acquisition of gain, either by the Forum or by its individual members.
Following the creation of the Management Board it will prepare an action plan to fulfil the objects of the Forum. The action plan should include at least the organisation of regular workshops on current competition law issues, with the aim of publishing the papers presented at the workshops on an annual basis. The action plan may also include a longer research programme, dissemination of competition law teaching techniques and the holding of competition law conferences.
There are two types of member of the CLaSF:
- 3.1 Full Members
- Any person holding a teaching or research post in a University Law School for whom competition law is a significant focus of their work may apply to the Management Board to become a Full Member of the CLaSF. In addition, any other person who has made a significant contribution to competition legal scholarship may also apply to become a full member of the CLaSF.Full Members elect the Management Board of the Forum in a General Meeting. They have a right to receive papers and documentation generated by workshops. [Full Members may receive discounts on papers and books published by the CLaSF.]
- 3.2 Associate Members
- Any person may apply to become an associate member of the CLaSF.Associate Members have a right to receive papers and documentation generated by Workshops and to be kept informed of the activities of the CLaSF. Associate Members may be invited to workshops. [Associate Member may receive discounts on papers and books published by the CLaSF.]
A subscription fee, to be paid annually, for Full and Associate Members will be set by the Management Board. The Management Board may also create a class of corporate associate membership and set an appropriate fee.
4.0 Management Board and Officers
- 4.1 Management Board.
There shall be a Management Board of the CLaSF It shall be responsible for organising the activities of the CLaSF, including workshops, research projects and conferences. It shall have the power to operate bank accounts, and do all lawful things to ensure the activities of the Forum take place.
- 4.2. Decisions of the Management Board.
Decisions as to whether an application for membership for full, associate or other class of membership created by the Management Board shall be approved rest with the board alone. Invitations to workshops to give papers or attend in a non-paper capacity shall be at the discretion of the Management Board. The same invitational discretion will apply to all other events organised by the Management Board.
- 4.3 Officers.
- 4.3.1. The Management Board of the CLaSF shall consist of at least the following Officers: a Chair, Vice-Chair, Treasurer, Secretary and Communications Officer.
- 4.3.2. The General Meeting may elect such other Officers as it thinks fit.
- 4.3.3. The Management Board may itself appoint two additional Officers.
- 4.4 Term of Officers.
The term of appointment of Officers of the Management Board shall be two years from election or, if later, until the following General Meeting. The term of appointed Officers shall run from appointment to the next General Meeting. Officers may be re-elected and re-appointed.
5.0 General Meetings
- 5.1 The General Meeting.
- A General Meeting shall be held once every two years to receive reports, elect Officers of the Management Board and discuss matters relating to the CLaSF. The Secretary will give at least one months notice of the General Meeting to all current Full and Associate Members, indicating the time and place of the meeting and that nominations are now open for offices on the Management Board. An agenda shall accompany the notification of the General Meeting. In particular, any proposed constitutional amendments shall be included in the notification. Every Member (whether a Full Member or Associate Member) has the right to attend the General Meeting. However, only Full Members have the right to vote and stand for office.
- 5.2 Procedure at the General Meeting.
Nominations will be received at the beginning of the meeting. Each Full Member may nominate one other Member and each nomination for office will require a proposer and seconder. The current Officers will then present their reports. Following the Officers reports the meeting will elect a returning officer, who will run the election. An election will then take place for the posts of Chair, Secretary and Treasurer. Nominations will then be taken for any additional offices that the meeting then decides to create. If an election is contested a secret ballot will be used.
6.0 Emergency Meetings
- 6.1 Emergency Meeting called by the Management Board.
An Emergency Meeting of the CLaSF can be called by the Management Board by giving one months notice to all Members. An agenda of the Emergency Meeting and any proposals for amendment to this constitution, as well as the time and place of the meeting must be included in the notification. All Full Members at the time of the notification of the meeting may attend and vote.
- 6.2 Emergency Meeting called by Members.
An Emergency Meeting of the CLaSF can be called by the Members. In order for such a meeting to be called the names and addresses of 10 Full Members must be attached to the calling notice which is sent to the Chair and Secretary of the CLaSF. The Management Board must notify all members that an Emergency Meeting will take place, giving the Members one months notice of the meeting. This notification must be dispatched within 21 days of receiving the calling notice. The agenda for the Emergency Meeting must include the matters raised in the calling notice, such as resolutions for the removal of the Management Board and the election of the new board at the meeting; resolutions in respect of the accounts and resolutions in respect of the Constitution. All appropriate documentation in respect of such resolutions must also be forward with the notification of the meeting to all members. The time and place of the meeting must also be specified in the notification. All Members at the time of the notification of the meeting may attend but only Full Members may vote.
Voting in both the Management Board and the General and Emergency Meeting shall be by simple majority. The Chair of the CLaSF or in the case of General and Emergency Meetings, where the Chair of the CLaSF does not take the chair, the chair of the meeting, shall have a casting vote.
8.0 Ownership of Funds
All funds held, monies received by, and property owned by the CLaSF from time to time shall be the property of all Members at that time.
All liabilities that may be incurred by the Chair, Treasurer, Secretary and other Officers by reason only of their appointment to such offices, is hereby excluded to the full extent permitted in law. The liabilities of the Chair, Treasurer, Secretary and other Officers, as officers of the CLaSF, either for their own actions or omissions, or vicariously for those of other Members as members of the CLaSF, shall be shared equally with all other Members from time to time.
The constitution can be amended by the agreement of a simple majority of Full Members attending a General or Emergency Meeting. Amendments can be proposed by either the Management Board or by 10 Members at a General Meeting or by 5 Members on the floor of an Emergency Meeting.
11.0 Governing Law
The CLaSF is an unincorporated association governed by the law of Scotland.
12.0 Transitional Provisions
The first Management Board of the CLaSF will consist of Dr Alan Riley, Chair; Professor Barry Rodger, Vice-Chair; Professor Philippa Watson, Secretary; Ms Kirsty Middleton, Treasurer and Mr Angus MacCulloch, Communications Officer. The term of office of the Management Board will consist of two periods. Firstly, transitional period from the creation of CLasF to the meeting of the first CLaSF workshop. Secondly, from the first workshop for a period of two years. Thereafter paragraph 4.3 shall apply.
13.0 Coming into Force.
The Constitution shall come into force on the 20th December 2002