ECU statutes

June 2015 Edition – approved by ECU General Assembly, 26 June 2015

Download the ECU Statutes here: ECU Statutes_2015 (PDF file)

EUROPEAN CHEER UNION STATUTES

TABLE OF CONTENTS

CHAPTER I – GENERAL PROVISIONS
Article 1 Name and Address
Article 2 Objectives
Article 3 Non-discrimination, gender representation
Article 4 World Anti-doping Agency (WADA)
Article 5 Language
Article 6 Governing bodies

CHAPTER II – MEMBERSHIPS
Article 7 Categories of members
Article 8 Application procedure and conditions to member status
Article 9 Members rights and obligations
Article 10 Resignation
Article 11 Suspension
Article 12 Expulsion
Article 13 Notices

CHAPTER III – ADMINISTRATION OF THE FEDERATION
Article 14 Bodies
A – General Assembly
Article 15 Definition, organization
Article 16 Rights of the General Assembly
Article 17 Delegates
Article 19 Voting
Article 20 Elections
Article 21 Ordinary General Assembly
Article 22 Agenda for Ordinary General Assembly
Article 23 Extraordinary General Assembly
Article 24 Conduct of meetings
Article 25 Minutes
B – The Board
Article 26 Board members and election
Article 27 Eligibility, Term of office
Article 28 Replacement
Article 29 Meetings, quorums
Article 30 Duties and powers of the Board
Article 31 Committees

CHAPTER IV – FINANCES
Article 32 Membership fees
Article 33 Finances
Article 34 Auditors
Article 35 Modification of the Statutes

CHAPTER V – TRANSITIONAL AND FINAL PROVISIONS
Article 36 Dissolution
Article 37 Independence of Members
Article 38 Transitional Provisions
Article 39 Enforcement

CHAPTER I – GENERAL PROVISIONS

Article 1 Name and Address

1.1 Name
European Cheer Union, ECU, is a non-profit European federation, composed of non-profit national federations that promote and regulate the sport of cheerleading in Europe.
1.2 Address
The General Assembly determines the location of the federation. The General Assembly of 2014 decided to register the federation within the EU, in Denmark.

Article 2 Objectives

2.1 Objectives
The objectives of ECU are:

  1. To promote and develop the sport of cheerleading in Europe.
  2. To operate altruistically and not pursue economic purposes. All funds may only be used by the purposes set in these statutes and as decided by the General Assembly.
  3. To be a modern, flexible, transparent, accountable and all inclusive federation.
  4. To actively support the organization of cheerleading by its members.
  5. To increase the level of recognition of ECU and its members by the Olympic Movement stakeholders as well as by other entities involved in sport.
  6. To promote and organize cheerleading activities in Europe, such as, but not limited to, courses, camps, competitions and training for athletes, judges and coaches of member federations.
  7. To communicate the sport of cheerleading in Europe.
  8. To decide on the competition rules used in international competitions in Europe which are sanctioned by ECU.
  9. To tender, sanction and organize international cheerleading championships in Europe, including ECU European Championships.
  10. To promote closer links by its member federations and between member federations and other sports organizations.
  11. To collaborate with the world wide governing body for cheerleading, International Cheer Union, ICU.

Other objectives may be defined by the General Assembly.

Article 3 Non-discrimination, gender representation

3.1 Non-discrimination
The federation is politically neutral and represents the principle of religious and ideological tolerance and equality between women and men, including the occupation of positions in the federation.
3.2 Gender representation
The federation supports a fair representation of both genders in sporting activities as well as in the management of sport.

Article 4 World Anti-doping Agency (WADA)

4.1 Anti-doping
The federation advocates the fight against doping and takes all measures to prevent the use of banned performance-enhancing substances.
The federation and its members agree to strictly adhere to the rules and regulations of WADA as they are set in the valid version of the WADA-code.

Article 5 Language

5.1 Official language
The official language of ECU is English.
5.2 Statutes
The federation operates on the basis of the English version of these statutes.
5.3 Definition of Cheerleading
The word “Cheerleading” is the universal and historical term that also refers to variations of the word “Cheerleading” including but not limited to “Cheer”, “Cheering”, “Sport of Cheerleading”, “Sport of Cheer” and “Sport of Cheering”.

Article 6 Governing bodies

6.1 ICU
ECU recognizes the International Cheer Union, ICU, as the world governing body for the sport of cheerleading.
ECU is recognized by ICU as the continental federation governing the sport of cheerleading in Europe.

CHAPTER II – MEMBERSHIPS

Article 7 Categories of members

There are three categories of memberships in ECU:
7.1 Member federation
A. ECU is open to national cheerleading federations in Europe, who are not-for-profit and who administer cheerleading in their own country. For national federations who administer more than one sport in their federation, the following requirements must be fulfilled in order to be a member of ECU:

  • At least one board member at the main board of the federation must be directly elected by the cheerleading clubs of that federation.
  • The representatives at the main board of the federation should reflect the numbers of members from the sport of cheerleading in that federation.

B. Only one national federation from each country in Europe can be a member of the ECU.

C. ECU shall generally admit as member federation the national cheerleading federation recognized by the International Cheer Union (ICU).

D. If there is no national cheerleading federation recognized by the ICU, ECU will admit a national cheerleading federation based upon the recognition by a country’s National Olympic Committee, Confederation of Sports, the Sports Ministry or any other national governing body for sport.

7.2 Honorary members
Any individual, based on extraordinary accomplishments or contributions to the sport of cheerleading may be nominated for honorary membership by the Board, the General Assembly or a member federation in good standing.
Admittance of honorary members must be approved by a majority vote of the General Assembly.
7.3 Associate members
The Board can accept associate members that have limited membership rights and obligation (see Article 9 below).

Article 8 Application procedure and conditions to member status

8.1 Applications
It is the intention of ECU to increase and promote membership. Applications for membership shall be submitted to the Board for review and consideration.
Applications shall be submitted in writing, and in English language.
Information required shall include the following as a minimum:

  • Name of federation
  • Country
  • Governing individuals and their contact information
  • Address and phone contacts of the federation
  • Website address
  • Description of the federations memberships and programs (including number of members, age and gender)
  • Bylaws (statutes) in English, or English translation
  • Documents that verify the not-for-profit or other governmental status of the organization

A National Governing Body must include a written confirmation by the applicable Confederation of Sports, Olympic Committee, Sports Ministry or ICU of this status.

8.2 Provisional membership
The Board may decide to provisionally accept a member. A provisional membership can be granted until the application has been considered by the General Assembly.
8.3 Admission
After review and consideration, the Board will submit the applications for membership to the General Assembly.
The final decision of member admission is done by the General Assembly, by simple majority vote.
8.4 Good standing
A member shall be considered in “good standing” for a fiscal year if such member’s dues from all previous fiscal years are paid in full. Only members in good standing are entitled to receive the services and/or benefits of ECU and enjoy the membership rights given by these statutes.

Article 9 Members rights and obligations

9.1 Rights of member federations
Member federations in good standing have the right:

  • To receive in advance the agenda of the General Assembly, to be called to the meeting within the prescribed time, to take part in the meeting and to exercise the right to vote
  • To be informed of the state of ECU
  • To participate in voting and elections
  • To draw up proposals regarding the agenda of the General Assembly
  • To nominate candidates to the Board and committees in ECU
  • To participate in competitions, camps, courses, training and other events organized by ECU

9.2 Obligations of member federations
Member federations have the obligation:

  • To comply at any time unreservedly with these statutes, regulations and decisions of ECU
  • To have their executive organs and, if applicable, their disciplinary organs, elected by their respective General Assemblies
  • To have adopted the promotion and care of the sport of cheerleading as a task in their national bylaws (statutes)
  • Upon request, submit a copy of their current bylaws (statutes), in English, to ECU
  • Ensure that their bylaws (statutes) meet the rules of public interest in their own country and that they do not contradict the statutes of ECU
  • To notify ECU, in writing, of any changes that affect the conditions of admission
  • To pay their membership subscription in due time
  • To act sportsmanlike
  • Not to damage the reputation of the ECU

9.3 Rights and obligations of provisional members
Provisional members have the right:

  • To participate in competitions, camps, courses, training and other events organized by ECU
  • To take part in the meeting of the General Assembly

Provisional members have identical obligations as other member federations.

9.4 Rights and obligations of associate members
Associate members have rights and obligations that are determined and amended by the Board.
Associate members cannot have the following rights:

  • The right to vote on the General Assembly
  • The right to nominate candidates for the Board and committees
  • The right to compete in the ECU competitions
  • Associate members holding a valid agreement with the ECU member federation in that country, as per article 38, may have additional rights.

Article 10 Resignation

10.1 Resignation by members
A member may resign at any time, provided that at the time of resignation he has no outstanding liabilities to ECU and is a fully paid-up member.
10.2 Effect
Such resignation shall take effect immediately upon receipt of a written notice signed by the authorized persons. Resignations shall be reported at the next General Assembly.
10.3 Membership fees
Membership fees paid in any year are non refundable.

Article 11 Suspension

11.1 Provisional suspension of members
The Board may provisionally suspend until the next General Assembly a member who fails to comply with a provision of the statutes, regulations, directives and decisions of ECU, and in particular for the following reasons:
a) Liabilities due to ECU, which are unpaid,
b) Not having paid membership fees,
c) Violating ECU statutes, other ECU regulations or ECU decisions,
d) Damaging the reputation of the ECU.
11.2 Status of suspended member
Suspended member has no member’s rights during the period of suspension. The Board may also decide to suspend only some of the member’s rights for the period of the provisional suspension.
11.3 Decision
A final decision must be made by the next General Assembly, provided the provisional suspension is still in force at that time.
The General Assembly can suspend a member without prior provisional suspension by the Board.

Article 12 Expulsion

12.1 Expulsion of members
A member can be expelled from the ECU by an absolute majority (more than 50% of all members) of the General or Extraordinary Assembly, for the following reasons:
a) Refusal to pay any liabilities due to the federation
b) Repeated non-payment of membership fees due to the federation
c) Non-compliance of the statutes, regulations, directives and decisions of ECU
d) Loss of recognition by the International Cheer Union (ICU)
e) Loss of recognition by a country’s National Olympic Committee, Confederation of Sports or the Sports Ministry
12.2 Notification
The member shall be notified about the exclusionary decision in writing. The decision shall explain the violations and give the reasons for the expulsion.
The member must be given a period of at least 2 months to submit written comments on the matter of expulsion and to make his appeal.
The member shall be informed about the date and place of the next General or Extraordinary Assembly where the matter of expulsion will be discussed.
The decision, and the appeal (if any), is processed at the next General or Extraordinary Assembly.
During this period, the membership is suspended.
12.3 Expulsion by new membership
A member federation (as defined in Article 7.1) is expelled immediately if the General Assembly accepts a new member federation from the same country.
12.4 Expulsion of associate members
The Board can expel associate members.

Article 13 Notices

13.1 Notice to members
A notice or notification to a member shall be deemed to have been properly received provided it was sent to the last address indicated by the member to the Board of ECU.
13.2 Notice of suspension
Notification regarding suspension, expulsion or dissolution shall always be sent by registered mail.

CHAPTER III – ADMINISTRATION OF THE FEDERATION

Article 14 Bodies

14.1 The General Assembly is the supreme and legislative organ of ECU.
14.2 The Board is the executive body.

A – General Assembly

Article 15 Definition, organization

15.1 The General Assembly is the meeting attended by all the members of ECU who are in good standing.
It is the supreme and legislative organ of ECU.
15.2 The General Assembly may be ordinary or extraordinary.

Article 16 Rights of the General Assembly

The General Assembly shall:

  1. Amend the statutes and other regulations of ECU
  2. Approve the minutes of the last General Assembly
  3. Admit, suspend or expel members, and decide on membership status
  4. Elect the Board members
  5. Appoint auditors
  6. Approve budgets, financial statements and yearly reports
  7. Set the membership fees
  8. Appoint honorary members
  9. Make a decision on dissolution of the federation
  10. Exercise any other business if approved by 2/3 of the members present at the General Assembly

Article 17 Delegates

17.1 A maximum of 2 persons per member federation may attend the General Assembly.
17.2 A delegate may speak on behalf of another member only if specifically requested by that member and at the invitation of the President or the Chairman of the General Assembly.
17.3 All delegates other than the Board and official legal representatives of the member federation shall submit a Power of Attorney document signed by the person who officiallyrepresents the member federation according to the rules of country from which the federation originates.
17.4 Members attending the General Assembly must be in good standing.
17.5 Honorary and associate members may attend the meeting of the General Assembly, but shall have no voice at these meetings.

Article 18 Quorums

18.1 A majority of the member federations with voting rights and in good standing must be present at a meeting to constitute a quorum of the General Assembly.
18.2 The quorum of the business entailing changes of these statutes or the dissolution of the federation shall be 2/3 of the member federations present having voting rights and in good standing.
18.3 In case of no quorum a second General Assembly shall be held 24 hours after but not later than 3 days after the first General Assembly was due to convene, with the same agenda.

In that second General Assembly, no quorum is required, unless an item on the agenda proposes the amendment of these statutes, the election of the Board members, the expulsion of a member or the dissolution of ECU.

Article 19 Voting

19.1 Every member federation that is in good standing at the time of the meeting is entitled to one vote.
19.2 The attending delegates will be divided by the countries they represent. Only one delegate per country is entitled to vote at the General Assembly. This delegate shall be nominated by his/her federation and be affiliated with this federation. If the voting delegate is not a legal representative of the federation he/she must have a written power of attorney signed by his/her federation legal representative.
19.3 Delegates may not represent more than one member. Voting by proxy or letter is not allowed.
19.4 Honorary members and associate members have no vote.
19.5 Board members have no vote. But the Board shall have a casting vote in the event of a tied vote.
19.6 The voting can be done by show of hand, voting machines or ballot papers.
19.7 Illegible, void, blank or improper votes and abstentions shall not be included in the count of validly cast votes.
19.8 Except in the case of elections, voting shall always be concluded by a show of hands or voting machines, unless 5 or more members request a secret ballot.
19.9 Acceptance of new members, suspension, expulsion, modification of the agenda and declarations of principles requires a relative majority of the votes validly cast.
19.10 Dissolution and amendments to the statutes require 2/3 of the votes validly cast (qualified absolute majority).

Article 20 Elections

20.1 Elections are held on the basis of an absolute majority (more than 50% of the votes validly cast).
20.2 If there is no absolute majority reached in the first ballot, a second round will be organized, under the rule of the relative majority (the highest number of votes validly cast). In the event of a tie, a third round shall take place after the elimination of the candidate who has obtained the least number of votes in the second round. In case of persisting equality between candidates, the election shall be decided by drawing lots.
20.3 Elections shall be done by secret ballots.
If only one candidate is proposed and delegates entitled to vote have no objections, the candidate may be elected by acclamation.

Article 21 Ordinary General Assembly

21.1 The meeting of the ordinary General Assembly is held annually.
21.2 No item shall be dealt with which does not appear on the agenda.
21.3 The Board sends a formal call to the members at least 2 months prior to the date of the opening of the General Assembly.
The call must be in writing and must include a provisional agenda.
21.4 All proposals to modify these statutes should be communicated in writing to the Board at least 6 weeks prior to the date of the start of the General Assembly.
21.5 Proposals to the General Assembly must be submitted in writing to the Board no later than 4 weeks prior to the date of the start of the General Assembly.
21.6 At least 2 weeks before the General Assembly, the Board shall circulate the agenda as prepared by the Board, together with the yearly report(s) and any other relevant documents. The budget and the accounts will be circulated immediately after having been audited, but, in any case, before the General Assembly.

Article 22 Agenda for Ordinary General Assembly

22.1 The agenda shall include following topics:

1. Opening of the meeting
2. Roll call
3. Approval of the agenda
4. Approval of the Rules of Procedure for the meeting
5. Approval of the minutes of the previous meeting
6. Yearly reports
7. Financial matters
8. Modification of statutes
9. Suspension or expulsion of a member
10. Decisions on changes in member status
11. New membership applications
12. Proposals submitted
13. Elections (if applicable)
14. Date and place of next meeting
22.2 The order of the agenda is determined by the Board.
22.3 The agenda may be modified by the General Assembly provided there is a 2/3 majority of the votes validly cast.

Article 23 Extraordinary General Assembly

23.1 An Extraordinary General Assembly may be convened at the request of the Board or upon receipt of a written request from at least 1/4 of the members in good standing.
23.2 The Extraordinary General Assembly shall take place no later than 2 months after the request.
23.3 Notification of the meeting will be sent out to the members at least 30 days in advance.
23.4 The notification shall detail the reasons for convening an Extraordinary General Assembly. No other business than what is specified in the notification shall be conducted at such Extraordinary Assembly.

Article 24 Conduct of meetings

24.1 The General Assembly is chaired by the President or by the Vice President if he/she is representing him/her in his/her absence.
24.2 The meetings of the General Assembly are not open to the public.
However, the General Assembly can allow the public to attend the meeting if this is decided by a simple majority of the delegates represented. Likewise the General Assembly can once again exclude the public from the meeting if this is decided by a simple majority.
24.3 The General Assembly is conducted according to the Rules of Procedure.

Article 25 Minutes

25.1 The minutes of the General Assembly are signed by the Chairman of the meeting and the person responsible for writing them.
25.2 The minutes shall be submitted to the Board for approval within 3 months after the General Assembly, and sent out to the members within 5 months after the General Assembly.
25.3 No correction of or alteration to the minutes will be accepted without written notification to the Board, duly received and acknowledged, within 2 months of the date of the circulation of the minutes to the members.
25.4 The minutes are submitted for approval at the next General Assembly.

B – The Board

Article 26 Board members and election

26.1 The Board is the executive body of ECU. The Boards executes the tasks set forward by the General Assembly.
26.2 The Board consists of 8 elected members:
Executive Members:

  1. The President
  2. The Vice President
  3. The Secretary General
  4. Regional Representatives, 1 from each of the following regions:
    – North: Finland, Denmark, Norway, Iceland, Sweden, Lithuania, Estonia, Latvia
    – West: Great Britain, Ireland, France, Belgium, the Netherlands, Luxemburg
    – Middle: Germany, Austria, Switzerland, Poland, Czech Republic, Hungary, Slovakia, Liechtenstein
    – South: Spain, Andorra, Italy, San Marino, Greece, Monaco, Portugal, Croatia, Slovenia, Albania, Bosnia and Herzegovina, Serbia, Montenegro, Macedonia, Malta, Cyprus, Turkey, Israel
    – East: Russia, Ukraine, Romania, Bulgaria, Belarus, Moldova, Georgia, Armenia, Azerbaijan

26.3 The members of the Board shall represent different countries (i.e. not more than one Board member from the same country).

Article 27 Eligibility, Term of office

27.1 Candidates to the positions of the Board are brought forward by their member federation. Proposals shall be submitted to the Board at least 6 weeks before the General Assembly where the elections will take place.
Proposals on candidates shall be accompanied by the candidates’ CV (Curriculum Vitae).
27.2 The list of candidates and their CVs shall be circulated to the member nations before the General Assembly.
27.3 The candidates must have reached the age of majority in their own country, and be in full possession of their civil rights.
27.4 Board members are appointed for a term of 3 years.
The President may be re-elected once.
27.6 Elected members are not personally liable for the debts and other obligations when acting responsibly in official capacity.

Article 28 Replacement

28.1 If an elected Board member resigns before the end of her or his term or cannot fulfil her or his duties as Board member at full capacity, the remaining Board members have the right to appoint another eligible member.
28.2 A Board member co-opted as a replacement holds temporary office until the next General Assembly, where an election has to be held for the approval of the new Board member.
28.2 The term of appointment for a co-opted Board member ends with her or his predecessor’s term.

Article 29 Meetings, quorums

29.1 The quorum for meetings of the Board is met when the President plus 4 other Board members are present. Should the President be unable to attend, the quorum shall be satisfied with the Vice President and 4 other Board members.
29.2 The Board may decide to meet by means of phone conferences or video conferences.
29.3 A decision can be taken by written correspondence session. The correspondence session should be directed by the President. The decisions of the correspondence session must be included in the minutes of the next Board meeting.
29.4 Decisions are taken by simple majority. The Chairman has a casting vote in the event of a tied vote.
29.5 For legal business transactions the participation of 2 executive members of the Board are required.
29.6 Minutes shall be written from every Board meeting, and must be signed by the President and the person writing the minutes.
Minutes from Board meetings shall be circulated to the members of the Board within 3 weeks after the meeting.

Article 30 Duties and powers of the Board

30.1 The Board is competent in all matters which are not reserved to other bodies by these statutes, regulations and directives of ECU.
30.2 The Board represents and commits ECU with regard to third parties.
30.3 The Board oversees the day to day operations of ECU.
30.4 The Board prepares and calls for General Assemblies.

Article 31 Committees

31.1 The Board can appoint committees or representatives to perform certain tasks. The tasks, procedures and competences are set out in the regulations that are adopted by the General Assembly or the Board.
Committees can establish sub-committees with the approval of the Board. Committees and appointed individuals can be revoked at any time.

CHAPTER IV – FINANCES

Article 32 Membership fees

32.1 All member federations of ECU shall pay an annual membership fee.
32.2 The amount of the membership fees is decided upon by the General Assembly.

Article 33 Finances

33.1 The financial year of ECU is from 1/1 till 31/12 annually.
33.2 The Board drafts a two years budget. The budget is adopted by the General Assembly.
33.3 The budget authorizes the Board to make the expenditures for its commitments, as entailed in the budget.
33.4 Transfers within the budget can be made by the Board, as long as the total yearly amount is not changed.
33.5 Surpluses and savings are assigned for the support of sports and the federation’s assets.

Article 34 Auditors

Each General Assembly appoints 2 qualified auditors. Their duty is to check the accounts of the present calendar year and present their report to the next year General Assembly, with their conclusions and recommendations.

Article 35 Modification of the Statutes

These statutes may only be modified by the General Assembly or by an Extraordinary Assembly convened especially for that purpose.

CHAPTER V – TRANSITIONAL AND FINAL PROVISIONS

Article 36 Dissolution

36.1 The dissolution of ECU shall require an Extraordinary meeting of the General Assembly at which the proposed dissolution shall be the sole item on the agenda.
36.2 Any assets remaining after the dissolution of the federation shall, after satisfaction of all its debts and liabilities, be transferred to a charitable organization or a sports organization as determined by the General Assembly. Under no circumstances shall they be paid to, or distributed among the members of the federation.

Article 37 Independence of Members

No discussion or voting by ECU shall infringe in any way in the freedom and independence of any member. Members shall at all time retain complete independence and control over all matters falling within their field of activity.

Article 38 Transitional Provisions

38.1 If there already is more than one member from a specific country:
a) The member that is an ICU member will become the sole member federation (as defined in Article 7.1).
b) The member that is not an ICU member will become an associate member (as defined in Article 7.3) if

  • it has signed a written agreement with the member federation or
  • it will sign a written agreement with the member federation until the 31st of December 2015.

The agreement must regulate the right of both members regarding participation in the ECU European Cheerleading Championships and the right to vote in the ECU General Assembly. The agreement needs to be approved by the Board.

38.2 ECU membership of members that do not become a member federation or an associate member as described above will be terminated on 31st of December 2015.

Article 39 Enforcement

39.1 These statutes were written to the founding of ECU in Paris on 16th of September 2010 and adopted by the first General Assembly of ECU on 3rd of July 2011 in Prague.
39.2 These statutes were modified by the Ordinary General Assembly of the ECU on 29th of June 2012 in Amsterdam.
39.3 These statutes were modified by the Ordinary General Assembly of the ECU on 27th of June 2014 in Bonn.
39.4 These statutes were modified by the Ordinary General Assembly of the ECU on 26th of June 2015 in Ljubljana.