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About us

Constitution

Chapter I. Name, purpose and address

Article 1

The Association, whose activities shall be regulated in accordance with Act 4/2008, of 24th April, pertaining to associations (DOGC 2423, of 1st July), Constitutional Law 1/2002, of 22nd March, pertaining to regulatory measures governing the right of association (BOE No. 73, of 26th March) and its bylaws, has been constituted under the denomination of European Survey Research Association (ESRA). In accordance with Article 3 of Act 1/1998, of 7th January, pertaining to linguistic policy, the translation of the name of the Association into either of the two official languages of Catalonia, in this case Spanish, would be Asociación Europea de Investigación de Encuestas.

Article 2

The purposes of the Association are:

I) The objectives of the European Survey Research Association (ESRA) shall promote:

(1) Communication between European Social Survey researchers, without excluding communication with survey researchers from the rest of the world;

(2) Communication between relevant social science researchers and researchers in survey methodology in order to improve the quality of research in both fields;

(3) Study of the conditions under which traditional and current survey procedures may be used to provide improved data quality.

II) The communication objectives of ESRA are obtained through its academic activities including: organising congresses, symposia, colloquia; promoting scientific publications; exchanging information by electronic means or otherwise; and other activities upon which the Association or its appointed executives should periodically decide.

III) The objective of studying the conditions under which classical and more innovative survey methodologies can provide improved data quality is obtained through organising research groups composed of members and non-members of ESRA, in collaboration with other survey research organisations, such as IASS, WAPOR and ESOMAR. In order to carry out its activities, ESRA shall have the right to apply for grants or subsidies from potential sponsors.

All profit-making activities are explicitly excluded.

Article 3

1. The registered office of the Association are in Barcelona, Passeig de Circumval-lació, No. 8.

2. The main ambit of activity of the Association is determined by the registered office. However, any other geographic reference (whether local, national or international) related with the activities of the Association shall also be considered indicative of its ambit of activity.

Chapter II. Members of the Association, and their rights and obligations

Article 4

All individuals over the age of 18 years are eligible to join the Association. Applications should be submitted to the Board of Directors in writing, and a decision regarding the membership of the applicant shall be taken by the Board at the first meeting to be held, with the General Assembly being informed of this decision immediately.

Members under the minimum age, in such an event, shall have no voting rights at assemblies, and shall neither have the right to elect Board members nor themselves be elected as Board members.
Applications for individual membership shall be addressed to the appropriate officer of the ESRA and the committee shall have the right to approve or reject such applications.

Group membership may be sought by the national survey research associations in European countries. In such cases, the payment of a single, reduced subscription by the national association for the membership period in question shall be sufficient to ensure membership rights including voting rights for all of its individual members whose names and addresses are provided by its officers. It shall, conversely, be the duty of the national association to convey essential information to its own members, for example concerning ESRA conferences, the General Assembly, and elections to the Committee.

Honorary membership may be granted to individuals by the General Assembly in exceptional cases with the same rights and privileges as ordinary individual membership.

Article 5

Association members have the right:

1. To attend the meetings of the General Assembly with full voting rights.

2. To choose candidates, or themselves be chosen, to hold office or to hold executive posts.

3. To exercise the right to hold the delegated office or post.

4. To intervene in government, management, services and activities of the Association, in accordance with the legal requirements and bylaws.

5. To deliver and put to the Assembly and the Board of Directors all those issues which could contribute toward enhancing the activities of the Association and more effectively realise its basic social objectives.

6. To request and receive explanations regarding the administration and management of the Board of Directors or of those who represent the Association.

7. To be heard prior to the adoption of disciplinary measures.

8. To receive information regarding the activities of the Association.

9. To make use of the common services which the Association has established or which it may have at its disposal.

10. To join working groups.

11. To possess a copy of the bylaws.

12. To see the official ledgers of the Association.

Article 6

Association members have the duty:

1. To commit to the purposes of the Association and actively participate in achieving these purposes.

2. To contribute towards the upkeep of the Association through the payment of membership fees, extraordinary fees and other financial contributions established by, and approved in accordance with, the bylaws.

3. To comply with other obligations arising from the statutory provisions.

4. To observe and fulfil decisions validly reached by the governing bodies of the Association.

Article 7

Grounds for cancellation or withdrawal of Association membership:

1. The interested party should notify the Board of Directors of their decision to cancel their membership in writing.

2. Failure to pay membership fees.

3. Failure to fulfill statutory duties.

Chapter III. The General Assembly

Article 8

1. The General Assembly is the sovereign organ of the Association; its members form part of the Association in their own and inalienable right.

2. Members of the Association, meeting at the legally constituted General Assembly, have the right to decide, by majority vote, matters which fall within the competence of the Assembly.

3. All members are subject to the agreements of the General Assembly, including absent members, in addition to those who disagree, and those in attendance but who may have abstained from voting.

Article 9

The General Assembly has the following powers:

a) To modify the bylaws.

b) To appoint and remove members of the governing body and control its activity.

c) To approve the annual budget and the settlement of annual accounts, in addition to adopting resolutions pertaining to the form and amount of contributions to be made for the upkeep of the Association and to endorse the governing body’s management of the Association.

d) To agree on the dissolution of the Association.

e) To incorporate the Association into, or break away from, other associations.

f) To request public service status.

g) To approve internal procedures.

h) To authorise the cancellation or definitive withdrawal of membership, furnishing prior notification to the member(s) concerned.

i) To recognise all new membership applications submitted, and also the motives for cancellation of membership for reasons other than the definitive withdrawal of membership.

j) To resolve any other issue that is not directly attributed to any other organ of the Association. The description of the powers contained in this Article is purely informative and does not limit the powers of the General Assembly.

Article 10

1. The General Assembly shall meet in ordinary session at least once a year between the months of March and October, both inclusive.

The General Assembly shall be convened whenever possible in the context of a conference organised by the ESRA. The General Assembly shall be convened in one of the countries of Europe.

2. The governing body has the right to convene an extraordinary General Assembly whenever this is considered appropriate, and should do so at the request of a minimum of 10% of Association members; in this case the Assembly should be held within thirty days as of the date of the request.

Article 11

1. The Assembly shall be convened by the governing body after issuing written notice which should contain the agenda, venue, date and time of the event.

2. The notice should be issued fifteen days prior to the date of the event, and delivered, individually and in writing, to the address as per stated in the updated membership list kept by the Association.

3. The General Assembly meetings are chaired by the President of the Association. If the President is not in attendance, s/he should be replaced by, successively, the Vice-President or the longest-serving member of the Board. The Board Secretary should also act as Secretary for the purposes of the General Assembly.

4. The Secretary shall record the Minutes of each meeting, which should be signed by the President, along with a summary of the proceedings, the text of the resolutions adopted, the numerical voting result and the list of persons in attendance.

At the beginning of each General Assembly, the Minutes of previous meeting shall be discussed in order for these to be approved or amended. In all events, the Minutes and any other relevant documentation should be made available to members at the Association premises five days in advance.

Article 12

1. The General Assembly shall be validly constituted independently of the number of attendees or represented members.

2. A total of 10% of the Association members is required for applications to the governing body in relation to the inclusion of one or more issues on the agenda. In the event of the Assembly already having been convened, this should be done within the first third of the period between the reception of the written notice and the date of the Assembly. Such a request may also be made directly to the Assembly, which shall then decide on the appropriateness of same. However, the Assembly can only adopt resolutions on issues which are not on the agenda, as per stated in the notice, if a majority, comprising three quarters of those in attendance, should take a decision to this effect.

Specific rules of procedure may be adopted by the General Assembly itself. In the absence of such rules concerning any procedural matters which arise or in the event of dispute concerning their interpretation during the course of a validly convened meeting, the decisions of the president on procedural questions relating to the conduct of the meeting in question is final. The General Assembly may at the same meeting appoint a procedures committee to consider rules of procedure in detail and make recommendations to a future meeting of the General Assembly.

Article 13

1. At the meetings of the General Assembly, each member of the Association shall have a corresponding vote.

2. Decisions are taken by simple majority vote cast by members in attendance or represented members.

3. Taking decisions on and adopting resolutions on the removal of members, amendments to the bylaws, the dissolution of the Association, the constitution of a federation with similar associations or the integration into an existing association, shall require a number of votes corresponding to two thirds of the number of members in attendance. In the event of several candidates presenting themselves for election to the Board, elections shall be conducted by agreement of the relative majority of members in attendance or represented members.

4. Candidates who formally stand for election shall be entitled to a copy of the list of members and their home addresses, which should be certified by the Secretary and approved by the President.

Chapter IV. The Board of Directors

Article 14

1. The Board of Directors shall govern, manage and represent the Association, and shall be composed of the Chairman, Vice-Chairman, Secretary, Treasurer, Journal Editor and Board Members. These positions should be held by different people.

2. The election of Board Members, who should be members of the Association, is carried out by voting of the General Assembly. Elected Board Members shall take up office once they have accepted the post.

3. Appointment to and removal from office should be certified by the outgoing Secretary, with the approval of the outgoing Chairman, and should be reported to the Registry of Associations.

4. Board Members shall be excluded from carrying out any paid activity for the Association.

Article 15

1. Board members shall serve for two year which runs from the time of the General Assembly and they can be re-elected but only twice for the same post and not more than three terms with or without intervening periods.

2. The removal of Board Members from office before completion of their statutory mandate may result due to:

a) voluntary resignation submitted in writing, stating reasons;

b) incapacitating illness;

c) cancellation of Association membership;

d) sanctions or disciplinary measures for misconduct involved in exercising official duties, imposed in accordance with the provisions of Article 13.3 of the bylaws.

3. Vacancies on the Board of Directors should be filled during the first upcoming session of the General Assembly. Meanwhile, a member of the Association may occupy the vacant post temporarily.

Article 16

1. The Board of Directors has the following powers:

a) To represent, direct and manage the Association in the most extensive manner recognised by law; in addition to carrying out the decisions taken by the General Assembly, in accordance with the regulations, instructions and guidelines established by the Assembly.

b) To take the decisions which may be necessary in relation to appearing before public institutions, conducting all manner of legal proceedings and lodging the relevant appeals.

c) To propose to the General Assembly the defending of the interests of the Association.

d) To propose to the General Assembly the establishment of membership fees to be paid by Association members.

e) To convene General Assemblies and ensure that the adopted agreements are fulfilled.

f) To present to the General Assembly the balance sheet and statement of accounts for each financial year for approval, and establish the budgets for the following year.

g) To recruit the employees which the Association may require.

h) To control accounting matters and ensure that services work normally.

i) To establish working groups to achieve in the most efficient and effective manner the purposes of the Association, and authorise the activities which these groups plan to organise.

j) To nominate the members of the Board of Directors who are to take charge of each working group, upon the proposal of these groups.

k) To undertake the necessary proceedings with public agencies, institutions and others, to achieve:

- grants or other financial aid;

- the use of premises or buildings which could become a venue for the activities of the Association and a centre of dialog.

l) To open current accounts and savings accounts with any credit establishment or savings bank and make use of the funds deposited in these accounts. The provision of funds is stipulated in Article 29.

m) To resolve provisionally any eventuality which may not have been provided for in the bylaws and report on this at the first General Assembly to take place.

n) Any other competence which is not specifically assigned to some other governing body of the Association or which has been expressly delegated to it.

Article 17

1. The Board of Directors, previously convened by the President or by the person substituting him/her, should meet in an ordinary session at intervals to be decided by its members, and which in no case should be less than 12 months.

2. The Board of Directors should meet in extraordinary session when convened as such by the President or if requested by 50% of the Board members.

Article 18

1. The Board of Directors shall be validly constituted if it has been organised in advance and if there is a quorum of half plus one of its members.

2. The Board members are required to attend all meetings which are convened, even though they may be excused for justifiable reasons. The attendance of the President or the Secretary or their substitutes shall always be required.

3. The Board of Directors shall take decisions with a simple majority vote cast by those in attendance.

Article 19

1. The Board of Directors may delegate any of its powers to one or various committees or working groups if this receives the favourable vote of two thirds of its members.

2. The Board may also appoint, with the same quorum, one or more agents to exercise the functions entrusted to them, and with the powers deemed fit to be conferred upon them in each case.

Article 20

The agreements of the Board should be reported in the Minutes Book and signed by the Secretary and the President. At the beginning of each meeting of the Board, the Minutes of previous meeting should be read and approved or rectified, where appropriate.

The specific rules of procedure can be adopted by the Board itself. Should these rules not exist or in the event of a dispute on their interpretation, the President, in a meeting duly convened, will decide on these matters. The President’s decision will be final. The General Assembly shall, at the same meeting appoint a committee to examine, in detail, the procedures of the regulation and make recommendations for a future meeting of the General Assembly.

Chapter V. The Presidency and Vice-Presidency

Article 21

1. The following functions are those held by the President:

a) To manage and legally represent the Association, a delegation of the General Assembly and the Board of Directors.

b) To preside over and lead the proceedings of the General Assembly and the Board of Directors.

c) To cast the deciding vote in cases of a tie.

d) To convene the meetings of the General Assembly and the Board of Directors.

e) To approve the Minutes and certificates issued by the Secretary of the Association.

f) The remaining functions pursuant to this position and those which may be delegated by the General Assembly or the Board of Directors.

2. The President shall be replaced, in the event of absence or illness, by the Vice-President or the longest-serving member of the Board, in that order.

Chapter VI. The Treasurer and the Secretary

Article 22

The Treasurer shall assume the role of custodian, and shall have control over the resources of the Association, in addition to the elaboration of the budget, balance and payment of accounts. S/he shall hold the cash book. S/he shall sign receipts for membership fees and other treasury documents. S/he shall pay invoices approved by the Board, which the President should have approved in advance, and shall pay the remainder into open deposits held with credit or savings institutions.

Article 23

The Secretary should keep custody of the documentation belonging to the Association, approve, write and sign the Minutes of meetings of the General Assembly and the Board of Directors, write and authorise certificates to be issued, and shall also keep a Membership Registration Book.

Chapter VII. Committees or Working Groups

Article 24

The creation and constitution of any committee or working group, should be planned by those members of the Association who intend to be part of them, and the Board of Directors should be notified of the activities which they intend to carry out.

The Board of Directors shall analyse the various committees or working groups, representatives of which should submit, on a monthly basis, a detailed report of their proceedings.

Chapter VIII. Economic Regime

Article 25

This Association has no founding assets. Should it exist, the amount in which it is valued has to be mentioned.

Article 26

The economic resources of the Association are provided by:

a) membership fees set by the General Assembly;

b) public or private grants;

c) donations, inheritances or legacies;

d) income from assets or other incomes which may be produced.

Article 27

All members of the Association are required to sustain the Association financially, by means of fees or contributions, in the manner as specified by the General Assembly and at the proposal of the Board.
The General Assembly may set fees for admission, monthly membership fees – which should either be paid monthly, quarterly or half-yearly, as prescribed by the Board of Directors – and extraordinary fees.

Article 28

The financial year shall coincide with the calendar year and shall close on December 31.

Article 29

The current accounts or savings accounts held with credit or savings institutions, should be signed by the President, the Treasurer and the Secretary.

Two signatures shall be required in order to access funds, one of which should be that of either the Treasurer or the President.

Chapter IX. Disciplinary Regime

Article 30

The governing body may sanction misdemeanours committed by members who fail to fulfil their duties.

These misdemeanours may be described as minor, serious or very serious, and the appropriate sanctions may range from a reprimand to expulsion from the Association, as established by the internal rules and regulations.

The disciplinary procedure shall either be initiated ex officio or as a result of a complaint or report being lodged. Within a period of 10 days, the Board of Directors shall appoint an instructor, who, after hearing the alleged offending party, shall be responsible for overseeing the case and proposing its resolution within a period of 15 days. The final decision, which should be justified and approved by two thirds of the members of the Board, shall be adopted by the governing body within a period of 15 days.

The interested party or parties may appeal against decisions for serious and very serious misconduct taken by the Board, provided that the procedure for doing so is stipulated in the internal rules and regulations, before the first General Assembly to be held.

Chapter X. Amendments

Article 31

Amendments to this constitution may be made by two thirds majority of the General Assembly. Details of proposed amendments must be given to the members in advance and not later than the notice for the convening of the General Assembly. Amendments shall come into force immediately after the conclusion of the meeting at which they are carrried.

Chapter XI. Dissolution

Article 32

The Association may be dissolved only at the recommendation of the Board of Directors and by decision of the General Assembly, convened extraordinarily and expressly for this purpose.

Article 33

1. Once the dissolution has been agreed upon, the General Assembly should take the appropriate measures regarding both the allocation of assets and the rights of the Association, as well as the purpose, termination and liquidation of any pending operations.

2. The Assembly is empowered to elect a liquidating commission whenever this should be deemed necessary.

3. Members of the Association are exempt from personal liability. Their liability is limited to fulfilling the responsibilities which they may have voluntarily undertaken.

4. The remaining net assets resulting from the liquidation should be delivered directly to the public or private non-profit institution which, within the territorial scope of action of the Association, has been noteworthy in promoting charitable activities.

5. The functions of liquidation and implementation of the agreements referred to in the above sections of this Article are the responsibility of the Board of Directors in the event of the General Assembly failing to confer this mission on a specially designated liquidating committee.