CONSTITUTION OF THE EUROPEAN PSYCHOANALYTICAL FEDERATION

 

Article 1 – Form, name

The Association is constituted as a non-profit-making association (ASBL) and is known in French as the "Fédération Européenne de Psychanalyse", in English as the "European Psychoanalytical Federation" and in German as the "Europäische Psychoanalytische Föderation", abbreviated to "EPF".
All deeds, invoices, announcements, publications and other documents issued by the international non-profit association must mention its name, immediately preceded or followed by the words "non-profit association" or the acronym "ASBL", and the address of its registered office.

Article 2 - Office

The registered office of the Association is established in Belgium, in the Région de Bruxelles-Capitale. It may be moved to any other place in Belgium by a simple decision of the administrative body, provided that such a move does not require the language of the Articles of Association to be changed by virtue of the applicable language regulations. This transfer will be published in the Annexes to the Moniteur belge.
If the registered office is transferred to another region, the administrative body is competent to amend the Articles of Association. However, if the relocation of the registered office results in the need to amend the language of the Articles of Association, only the Council has the power to take such a decision, subject to compliance with the rules governing amendments to the Articles of Association.

Article 3 - Duration

The Association is established for an unlimited period, unless dissolved in advance.

Article 4 – Aim, purpose

4.1  Psychoanalysis

According to Freud's definition in his 1923 article "Two encyclopaedic articles, (A) Psychoanalysis":
Psychoanalysis is the name (1) of a procedure for investigating unconscious mental processes that are almost inaccessible in any other way; (2) of a method (based on this investigation) for treating neurotic and non-neurotic disorders; and (3) of a collection of psychological information obtained in this, which is gradually accumulated into a scientific discipline.

4.2  Goal

The Association's objectives are

• to encourage the growth of psychoanalysis;
• maintain and improve standards of psychoanalytic practice, education and teaching.

The Association is a non-profit organisation. It pursues its objectives on behalf of the general public.

4.3  Object

In order to achieve its objectives, the Association

• promotes research in psychoanalysis and disseminates information on the theory and practice of psychoanalysis;
• facilitates communication between psychoanalysts through publications, newsletters, scientific conferences and other meetings;
• provides a forum for the discussion of related scientific topics and other subjects of interest to psychoanalysts,
• encourages contact between psychoanalysis and other disciplines.

In order to achieve its object, the ASBL may carry out all acts relating directly or indirectly to its purpose.
It may therefore lend its assistance and take an interest in any activity close to its purpose or useful in achieving it; to this end, it may own, either in beneficial ownership or in full ownership, any movable or immovable property.

Article 5 - Members

The Association is made up of psychoanalytical Societies. There is no limit to the number of members of the Association. The minimum is two.
Full Members are

1. Component Societies and Provisional Societies of the International Psychoanalytical Association ("IPA") located in Europe or in certain other countries may become members of the Association ("Member Societies"), as specified in the Articles of Association.
2. Each Member Society is represented on the Council of the Association.
3. Member Societies retain autonomy over their affairs, scientific research and training policies and procedures.

Study groups

4. IPA study groups may request or be invited to participate in the work of the Association ("Associated Study Group"). Associated Study Groups may participate in all activities of the Association and receive its publications. One representative of each Associated Study Group may attend meetings of the Council of the Association. These representatives do not have voting rights at Council meetings.

Cancellation of membership

5. Any Member may resign from the Association by registered letter giving six months' written notice, expiring at the end of the calendar year.
6. A Member Society that loses its IPA membership immediately loses its membership of the Association.
7. Failure to pay the annual subscription for two consecutive years may result in the loss of Association membership.
8. A member may only be excluded from the Association if he/she fails to comply with the Articles of Association.

Article 6 - Exclusion

A proposal to exclude a Member Society from the Association may only be considered if it is submitted by at least two members of the Council. Such a proposal must be circulated to all Member Societies at least six months before being placed on the provisional agenda of the Council meeting at which the expulsion is to be considered. The Member Society that may be expelled shall be given a fair hearing at that meeting. The Member Society may then be expelled by the acceptance of the resolution by a majority vote of three quarters of the voting members present. The expelled Member Society may re-apply for membership no later than 3 years after expulsion.

Article 7 - Membership fees

The Association is funded by subscriptions from its Member Societies and Associated Study Groups, as well as by donations and legacies.

Contributions

1. Each Member Society or Associated Study Group pays an annual fee calculated on a per capita basis in relation to the total number of its members.
2. The amount of the per capita subscription is determined by the Association's Council.
3. In certain circumstances, a Member Society or an Associated Study Group may be temporarily exempted from all or part of its dues or arrears of dues.

Accounts

4. The Association's accounts are duly audited once a year. The Treasurer shall submit the auditor's report and the accounts to the Council for approval no later than six months after the end of the financial year.

Remuneration

5. The Association does not pay any dividends, gifts or cash bonuses to any individual or group. Individuals belonging to Member Societies or Associated Study Groups may not receive remuneration from the Association but may be reimbursed for expenses incurred in the course of their work for the Association.

Article 8 - Publication

The Bulletin is the official publication of the Association.

Article 9 - Administration of the Association

1. The Executive
   The Executive is the administrative body of the Association between meetings of the Council. It is appointed and elected as a team and consists of the members of the Association's Executive Board, namely
   1. The President
   2. Two Vice-Presidents
   3. The General Secretary
   4. The Treasurer
   5. The General Editor
   
   The members of the Executive are appointed by the Council for a period of four years. Renewal and implied limitations are specified in accordance with the procedures set out in the Internal Regulations.
   The members of the Executive Board (the President, the two Vice-Presidents, the General Secretary, the Treasurer and the General Editor) constitute the Executive, which is empowered to act on behalf of the Council. It implements policies and carries out activities decided by the Council and delegated to the Executive.
   The Executive represents the Association in all its dealings with the IPA and other organisations. Deeds binding the Association, other than those relating to day-to-day management, shall be signed either by the President or by two members of the Executive acting jointly, designated by the Executive and who shall not be required to justify their powers to third parties.
   Documents relating to the appointment and termination of office of persons authorised to represent the Association shall be filed and published in accordance with the legal provisions in force.

3. Commissions
   The EPF's structure comprises standing committees with specific tasks
   1. The Elections Committee
   2. The EPF House Committee.
      
      1. The Elections Committee is responsible for collecting nominations for the Executive, assessing their compliance with EPF rules and issuing the final list of candidates.
      2. The mandate, procedures, composition and appointment of the Election Committee are described in the Internal Regulations.
      3. The terms of reference, procedures, composition and appointment of the committees are described in the Internal Regulations.

Article 10 - The Council

1. The Council [as General Meeting of the Member Societies] is responsible for the administration of the Association. It meets at least twice a year.
2. The Council is responsible for achieving the Association's objectives. It takes political decisions and initiates and implements the Association's activities. Decisions of the Council are binding for the Association.
3. The Council is the channel of communication between the Association and the Member Societies.
4. The Council receives and acts on reports and recommendations submitted by the Executive Board, individual officers or Executive members. It also considers questions submitted by individual members, associate members or candidates from Member Societies or Associated Study Groups.
5. The Council may request a general postal and/or digital referendum on important issues. The results are not binding for the Council.
6. The admission of Member Societies and Associated Study Groups to the Association is determined by the Council in accordance with the procedures set out in the Internal Regulations.
7. The Council is ultimately responsible for the Association's finances. It receives and acts on the Treasurer's reports and recommendations, and sets the annual per capita membership fee.
8. The Council receives nominations for the Executive as a team (President, two Vice-Presidents, General Secretary, Treasurer and General Editor) and elects the Executive in accordance with the procedures specified in the Internal Regulations.
9. In the event of a vacancy on the Executive following the resignation or death of a member, the Council and/or the Executive shall take the necessary steps to fill the vacancy in accordance with the procedure specified in the Internal Regulations.
1. The Council is made up of full members. Only full members enjoy the right to vote and the full rights that the Code des Sociétés et des Associations grants to members of ASBLs. The founders are the first full members of the association.
   The Council is chaired by the President of the Executive Board, or if he is absent, by the Vice-President or by the oldest Executive member present.
   The Council is the sovereign body of the Association. It has the powers expressly granted to it by law or by these Articles of Association.
   In particular, it is responsible for
• amendment of the Articles of Association;
• appointment and dismissal of members of the Executive Board and the determination of their remuneration, if any;
• where applicable, the appointment and dismissal of auditors and the determination of their remuneration, if any;
• release to be granted to the members of the Executive Board and to the auditors, if applicable;
• approval of budgets and accounts;
• voluntary dissolution of the Association
• the merger, demerger or transfer of the Association;
• a decision on the disposition of assets in the event of the Association's dissolution;
• and all other cases where required by law or the Articles of Association.
2. At least one Council must be held each year during the first half of the year, i.e. before June. An Extraordinary Council may be called at any time by decision of the Executive Board. It must be convened at the request of at least one fifth of the full members.
   Each meeting will be held on the day, time and place specified in the notice of meeting. All members must be invited to attend.
   The Council shall be convened by the Executive, by letter or e-mail sent to each member at least three months before the meeting and signed by a member of the Executive on behalf of the Executive.
   The agenda is stated in the notice convening the meeting. If the Council is called to approve the accounts, the budget and/or the management report, these shall be attached to the notice convening the meeting. Any proposal signed by one-fifth of the full members must be included on the agenda.
   Each full member is entitled to attend the Council. They may be represented by a proxy who a full member of the Association and who may hold only one proxy. For both ordinary and extraordinary meetings, if the required attendance quorum is not reached, a new meeting will deliberate and give valid decisions, regardless of the number of full members present or represented. The second meeting may only be held within fifteen days of the first meeting.
   In accordance with the Code des Sociétés et des Associations, the Executive may, under the conditions laid down by the said Code, provide for the possibility of members participating remotely in the Council by means of an electronic communication facility made available by the ASBL. For the purposes of quorum and majority requirements, full members who participate in the Council in this way are deemed to be present at the place where the Council is held.
3. All full members have equal voting rights at the Council, with each having one vote. In the event of a tie, the proposal is deemed to have been rejected.
   Resolutions are passed by a simple majority of the votes present or represented, except where otherwise provided by law or by these Articles of Association.
   Decisions of the Council may be taken by written consent of the full members in accordance with the procedures described in the s Regulation.
   The Council may only validly deliberate on the dissolution of the Association or the amendment of the Articles of Association in accordance with the Code des Sociétés et des Associations.
4. The decisions of the Council are recorded in minutes signed by the President and a member of the Executive Board. These minutes are kept at the registered office, where they are available for all members.

Article 11 - Internal Regulations

Internal Regulations may be drawn up and presented by the Executive to the Council. Amendments to these regulations may be made by a Council acting by a simple majority of the members present or represented.
In this case, each member may obtain a copy of the Internal Regulations free of charge by sending a request to the Secretary of the Executive.

Article 12 - Financial year

The financial year begins on 1 January and ends on 31 December.
The accounts for the previous year and the budget for the following year shall be submitted annually to the Council for approval. After the Executive has reported on its policy for the previous year, the Council decides on the release of the members of the Executive. This release is given by a separate vote and is only valid if the true situation of the Association is not concealed by an omission or inaccuracy in the annual accounts.
The annual accounts are filed at the Registry of the Commercial Court of Brussels thirty days of their approval by the Council. Where applicable, the annual accounts shall also be filed with the Banque Nationale Belgique, in accordance with the Code des Sociétés et des Associations.

Article 13 - Dissolution of the Association

The court may, at the request of a member, an interested third party or the public prosecutor, order the judicial dissolution of the ASBL if it is unable to meet its obligations, or if it uses its assets or the income from its assets for a purpose other than that for which it was created, or if it contravenes the Code des Sociétés et des Associations or public policy, or if it is in serious breach of the Articles of Association, or if it has not complied with the obligation to file the annual accounts within 30 days of their approval by the Council, unless the missing accounts are filed before the close of the proceedings, or if it has fewer than two members.
In the event of voluntary dissolution, the Council shall appoint one or more liquidators, determine their powers and indicate the use to be made of the Association's net assets. The net assets may only be allocated to an ASBL pursuing similar aims to its own.
All decisions relating to the dissolution, the conditions of liquidation, the appointment or termination of the liquidator(s), the closure of the dissolution and allocation of net assets will be filed and published in accordance with the Code des Sociétés et des Associations.
In all cases of voluntary, automatic or judicial dissolution of the Association, at any time or for any reason whatsoever, the net assets of the dissolved Association shall be allocated to a disinterested purpose.

Article 14 - Law

All matters not expressly provided for in these Articles of Association are governed by the Code des Sociétés et des Associations.