FIRST TITLE: GENERAL PROVISIONS
ART. 1. - A European union of Basket-ball Player Associations and Trade unions is hereby set up with the name " EUROPEAN
BASKET-BALL PLAYERS UNION ", abbreviated E.B.U.
ART. 2. - The union will have its own legal personality and full capacity to operate to achieve its objectives, in conformity with what is
set out in the present Statute and with the resolutions adopted by its competent organs.
ART. 3. - The legal domicile is established in the city of Bologna, via Mezzofanti 79, Italy.
ART. 4. - The Aims of the Union are:
a. Stimulate the setting up of national Trade unions or Associations of basket-ball players.
b. Cooperate with its members in the pursuit of its specific objectives.
c. Favour harmony and cooperation between the associates and between the latter and international basket-ball institutions and
bodies.
d. Contribute with its initiatives and proposals made directly to the relative international bodies, towards the promotions and
improvement of the sport of basket-ball assuming, if necessary, all those functions that are assigned to it.
e. Represent and protect the collective interests and the image of its associates before every type of person, body and public or
private institution and, in particular, before all those who affect or who may affect the private sphere of its rights. All this without
interfering in any way with the representation that each member performs for its associates.
f. Any other aim deriving from the aforementioned or constituting a complement to the same.
ART. 5. - In order to achieve the aims indicated in the previous article, the union will perform the following functions.
a. In conformity with the regulations in force, participate in the reorganization of sport of basket-ball together with those bodies and
public or private bodies responsible for the international organization of the sport of basket-ball, in their own right, or by assignment
or delegation.
b. Be responsible for, at an international level, the defence and protection of the working conditions and, in general, the basket-ball
player profession before public administrations, institutions, courts, bodies and persons, with active and passive trial legitimation
when disputes concern the rights and interests of players and the respective member associations.
c. Promote all types of activity, through its members or their players as a whole, that make it possible to gather together the
necessary means and resources to pursue its aims.
d. All other functions that, without prejudice for the interests of the member Associations, are necessary to achieve its aims and
which, in general, are beneficial for the collective interests of basket-ball players and their respective representatives.
SECOND TITLE: THE MEMBERS
CHAPTER I
Admission and categories
ART. 6. - All the Associations or Trade unions of top professional basket-ball players in the countries that take part in or are likely to
take part in the European competitions organized by the F.I.B.A. may join the Union. The asking Associations must be the only ones
representatives of the players and must have as member at least the 50% of the same players
.
ART. 7. - Application for membership should be submitted in writing to the Board of Governors, together with a copy of the statute of
the Association and, where necessary, any other legal documents or norms and regulations. Once these documents have been
examined and it has been established that norms of the same comply with the spirit of the Union, the application for admission will
be placed before the Congress so that it may decide.
The admitted Association will have the active and passive franchise after 24
months beginning from the first Congress’meeting after the meeting during which the Association has been admitted.
CHAPTER II
Rights and duties
ART. 8. - All the members will have the following rights:
a. To speak freely and vote in the ordinary and extraordinary Congresses, to participate in all the debates and present all the
proposals and motions that are considered to be appropriate, in the form indicated by this Statute and by the International
Regulations.
b. To participate in the election of the bodies representing and governing the Union and to be elected.
c. To formulate requests and questions.
d. To delegate the right to vote to other members of the body in the form and in accordance with the requisites set out in this Statute
and by the Regulations.
e. To benefit from all those activities and services that the Union offers to achieve its purposes.
f. To obtain , after having requested from the Secretariat, any information that is thought necessary for the economic situation or the
activities carried out by the Union, and to this end - if necessary - the members may examine the set of books and all the existing
documentation held by the same body.
g. Withdraw from the body.
ART.9. - The duties of the members will be:
a. To observe this Statute and all the other provisions which are a consequence of or complement to the same, and also all the
decision correctly adopted by the different union bodies.
b. To contribute to the pursuit of the union aims.
c. To respect the agreements that the Union may reach with third parties - whether they are people or bodies - through its competent
bodies.
d. Everything else that is relative to his membership.
CHAPTER III
Loss of membership
ART. 10. - membership will be forfeit in the following cases:
a. Voluntary withdrawal, notified in writing to the Board of Governors.
b. Following a final judicial sentence that affects the member’s capacity to act.
c. Following the loss of any of the conditions set out in article 6 of this Statute and in the form determined by the Regulations.
d. By means of a disciplinary resolution adopted by the Board of Governors or any other competent body, upon instruction of the
corresponding disciplinary tribunal that guarantees the hearing of the person involved; a resolution limited to those presuppositions
set out in the Regulations and, in the absence of these, to those acts of extreme seriousness that, due to failure to observe the
duties of a member, prejudice and place in known danger the interests of the body.
THIRD TITLE: THE UNION’S BODIES
ART. 11. - The Union representative and governing bodies are the Congress, the Board of Governors and the President.
ART. 12 - The General Secretariat may also enjoy Union representation, upon the express delegation of the Congress or the Board
of Governors.
CHAPTER I
The Congress
ART. 13. - The Congress is the supreme representative and governing body of the Union and will consist of a maximum of two
representatives for each of its associate members.
ART. 14. - The Congress will hold at least one ordinary meeting every year.
ART. 15. - Extraordinary meetings will also be held in the following cases:
a. by decision of the Congress.
b. On the initiative of the Board of Governors or the President.
c. Following the request of half of its associated members, provided that the topics to be dealt with in the session are expressed in
detail.
ART. 16. - Unless the Regulations
or the Statute state otherwise, the decisions will be made with a simple majority vote and will be
binding for all the associate members.
ART. 17. - After each session the Secretariat will draw up the relative minutes which will be submitted for the approval of the
Congress, in the same session and in any one of the subsequent ones.
ART. 18. - The members’ Congress has the following functions and competence.
a. The choice of the President and the other members of the Board of Governors.
b. The vote of censure of the President.
c. The modifications to this statute
must necessary have the concensus of the four members founders of Ube.
d. The ratification and modification of the body’s Regulations.
e. The approval, at the appropriate moment, of the budget forecast and also the final balance of the previous financial year.
f. Approval of the minutes relative to the Congress.
g. The determination of the ordinary shares of members and, where necessary, extraordinary expenditures which become
necessary.
h. All those matters that are not expressly attributed to other bodies.
i. The admission of the applicant Associations if they have obtained the 3/4 of the present members’ votes or represented.
CHAPTER II
Board of Governors
ART. 19.1. - The Board of Governors of the Union will be made up of one President, one Vice-President, one Secretary General, and
a maximum of three Governors.
The President, the Vice-President, the General Secretary and two counsellors must be elected
among the four founder associations of Ube.
.2. - All its members, with the exception of the Secretary General, shall represent different Associations.
.3 - The UBE’s President and at least one member of the Council must be chosen among the promoter Associations, that to be
intended as those, which have taken part to the Constitutive Act.
ART. 20. - The Board of Governors will remain in office for a maximum of two years and the respective positions shall be covered on
rotation and seniority basis.
ART. 21. - The Board of Governors of the Union must meet at least once a year.
ART. 22. - Unless otherwise stated in the Regulations, the decisions of the Board will be adopted with the simple majority of votes.
ART. 23. - After each session the Secretary will prepare the relevant minutes and submit them for the Board’s approval, either in the
same session or in a subsequent one.
ART. 24. - The following functions are attributed to the Board of Governors of the Union:
a. The putting into action of the decisions duly adopted by the Congress.
b. The evaluation and making of decisions concerning membership applications in accordance with the requirements in the present
Statute.
c. The adoption of any actions aimed at safeguarding the Union’s interests and aims.
d. The administration of the Union’s patrimony and income, by exercising the right of disposal and alienation, where necessary, with
the exception of those instances expressly reserved to the Congress and without prejudice for the tasks pertaining to the Union’s
Treasurer.
e. All those function and tasks which might be entrusted to it by the remaining bodies of the Union.
CHAPTER III
President and other officials
ART. 25. - The Union’s President, without prejudice for the functions attributed to the remaining bodies, is the legal representative of
the Union and will preside over the sessions of both Congress and Board of Governors.
ART. 26. - Moreover, the President is responsible for the following:
a. Summoning and dismissing, the sessions of both Congress and the Board of Governors, by governing and supervising
discussions and interventions taking place therein.
b. Signing the minutes of the different sessions presided by himself, as well as the certifications of the resolutions adopted therein.
c. Signing, on behalf of the Union, the contracts which have been previously approved by the relevant body.
d. Granting either judicial or extra-judicial power of attorney to third parties, whether persons or companies, and taking any type of
action or making any plea in front of any kind Court, either administrative, ordinary or special.
e. All other functions and assignments related to the President’s position or expressly assigned to him by the remaining bodies.
ART. 26 bis. - The President of the Union will forfeit his position in the following circumstances:
a. Death or declaration of death.
b. Expiry of his term.
c. Following a vote of censure made by half of the members plus one present in the Congress.
d. For the remaining legally prescribed reasons.
ART. 27. - The Vice-President of the Union or, in his absence, the senior member of the Board of Governors - preferably with regard
to the membership date or, if this is the same, to the date when the member Association was set up - will replace the President in the
case of his absence, disease, or of tacit or expressed proxy.
ART. 28. - The General Secretariat is responsible for the administrative management of the Union and coordinates the remaining
Union’s bodies.
ART. 29. - Moreover, the Secretary General has the following function and tasks:
a. To take part in all the session of the different Union bodies and prepare the minutes thereof, where the most relevant contributions
and, in any case, all the decisions adopted must be recorded.
b. To keep the official documentation of the Union, as well as its books.
c. To provide access to any official and ordinary documentation of the Union which may be required.
d. To issue any necessary certification which shall be endorsed by the President.
e. To receive and send Union mail and notifications.
f. All other tasks entrusted to him by other Union bodies.
ART. 30.1 - The Secretary General of the Union has the right to speak, but no right to vote, if he is not a Union member.
.2. - In the event of his absence or illness he will be replaced by the most junior member of the Board of Governors.
ART. 31. - The Union’s Treasures is responsible for any possible funds which the Union may have in custody; his other tasks and
responsibility will be established by the relevant Regulations.
FOURTH TITLE: DOCUMENTARY SYSTEM
ART. 32. - The documentary system and, if necessary, the Union accounts will be made up of:
a. The Members’ Register, in which the relative name, date of setting up and legal domicile must be recorded.
b. The minutes book relative to the meetings of the Congress, Board of Governors and the other collegial bodies of the Union,
indicating the date, those present, the topics dealt with and the decisions reached. The minutes must, in all cases, be signed by the
President and the Secretary of the collegial body.
c. If necessary, the ledgers showing the Union’s receipts and outlays, for which it is necessary to indicate the source of the former
and the investment or destination of the latter.
d. If necessary, the balance-sheet and the receipts and expenditure account that the Union must draw up each year and submit to
the Congress of members.
TRANSITORY PROVISIONS
FIRST. - The President of the Union is expressly authorized, following the request of the competent administration, to make any
statutory modification that is necessary to obtain recognition and the relative registration.
SECOND. - All those topics not expressly covered by the Statute, can be governed by the Union Regulations, provided that they do
not contrast or infringe upon the provisions of this Statute.
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