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The European Respiratory Society

Constitution

Article I. Objectives

  1. The objective of the Society is to promote respiratory health in Europe in order to alleviate suffering from respiratory disease.

  2. In the context of these statutes "respiratory medicine" encompasses all aspects of respiratory science and of clinical respiratory medicine, including thoracic surgery, respiratory paediatrics, intensive care and respiratory nursing, physiotherapy and technology

  3. These objectives shall be achieved by promoting, co-ordinating, and stimulating the activities of ERS members, facilitating scientific exchange and by advocacy towards governments, granting agencies and political bodies, in co-ordination with national societies, in the fields of Education, Patient Care, Public Health and Research.

Article II. Powers and means of action

In order to attain its objectives, and for no other purpose, the Society will, through its members:

  1. Promote basic, epidemiological and clinical research in Respiratory Medicine.

  2. Be a reference authority for respiratory medicine in Europe

  3. Collect, assess and disseminate scientific information concerning all aspects of lung health and disease.

  4. Organise congresses, conferences, symposia, seminars, scientific meetings, exhibitions and all other clinical and scientific events.

  5. Produce scientific publications by the editing, printing, and publishing of reviews, journals, bulletins and any written, visual, or audio-visual media designed to promote, encourage or disseminate research or educational work in the field of Respiratory Medicine.

  6. Support training in respiratory medicine and research through grants and fellowships.

  7. Encourage and support continuous education in respiratory medicine.

  8. Collaborate with other national and international organisations having a similar objective or similar functions.

  9. Engage in appropriate actions to defend its members' interests.

  10. Promote collaboration with organisations representing patients with respiratory diseases.

  11. Establish branch offices in other cities or countries as required.

These may be implemented within the Society or through branches controlled by the Society.

Article III.  Status and Domicile

The Society is a not-for-profit, international organisation of individual persons, constituted in accordance with Articles 60 and following of the Swiss Civil Code. The domicile of the Society is Lausanne, Switzerland. This may be moved elsewhere within Europe, as determined by the Society.

Article IV. Membership

  1. Membership of the Society shall consist of the following categories: Full, Associate, Honorary and Affiliate. Membership shall be open to duly qualified citizens of all countries.

  2. Full membership: Full members shall have a relevant university degree. They may be specialists in respiratory diseases or other physicians or scientists interested in respiratory disease. The requirement of a university degree shall be waived for persons engaged in scientific and health fields closely related to the activities of the Society.

  3. Associate membership: Members belonging to countries defined by the Executive Committee may benefit from a special membership fee.

  4. Honorary membership: Individuals, who have served the Society well or individuals with a record of high achievement and signal contribution in the field of respiratory medicine may be appointed honorary members by the General Assembly upon proposal by the Executive Committee.

  5. Affiliate membership: Affiliate membership is open to all individuals belonging to the nursing or allied health professions who are not qualified as Full Members. Affiliate members benefit from a reduced membership fee, entitling them to receive the Newsletter, to having voting rights, and to benefit from the members' registration fee at the congress.

  6. The Executive Committee may define additional categories of membership.

  7. Annual fees: On the recommendation of the Executive Committee, the Council shall determine the annual fees for active members. The annual fee shall cover membership and subscription to the official journal and shall be paid in the amounts and within the periods set by the Council. Membership ceases upon failure to pay the annual fee.

  8. Membership of the Society is not open to persons who are or have been full, or part-time, employees of, or paid consultants to, the tobacco industry, at any time during the previous 10 years.

  9. Expulsion from membership: A decision to expel a member may be made by the Council if approved by two thirds of the members present and voting. This decision is final.

Article V. Constituent Parts of the Society

The Society shall consist of:
 The General Assembly
 The Scientific Assemblies
 The Council
 The Executive Committee

Article VI. The General Assembly

  1. The General Assembly is constituted by all members of the Society.

  2. The General Assembly shall have the ability to modify the statutes, on proposal of the Executive Committee, to decide on the dissolution of the Society and to put forward proposals to the Council and/or the Executive Committee. All decisions require the approval of two thirds of the members present and voting. The General Assembly shall receive reports on the activities of the Society from the Executive Committee.

  3. The General Assembly shall hold an annual business meeting, chaired by the President of the Society, in conjunction with the Annual Congress and at a time and place determined by the Executive Committee. By decision of the Executive Committee, the General Assembly may be also consulted through the organisation of a postal vote, in which business of the General Assembly may be decided upon.

  4. The convocation of the General Assembly may be;
    a) by the Executive Committee;
    b) at the request of one fifth of the members of the Society.

Article VII. Scientific Assemblies

  1. Scientific Assemblies and Sections are subdivisions composed of members with a similar interest in specific areas within the broad field of respiratory medicine. Their purpose is to provide a scientific forum. The Executive Committee shall review their activity at regular intervals. Only one Scientific Assembly or Section shall be established in any one area. The number of Assemblies and Sections shall be limited.

  2. Scientific Assemblies and Sections shall be established or dissolved by the Council on the proposal of the Executive Committee. After a trial period of two years, a Section shall become an Assembly or dissolve. Sections shall follow the same rules as Assemblies and be granted representation in the Scientific, Programme and Executive Committees, without voting rights.

  3. All members of the Society should be members of a Scientific Assembly or Section.

  4. Scientific Assemblies and Sections may be subdivided into Scientific Groups. Each Scientific Group is headed by a Chair and a Secretary. Scientific Groups shall be established and dissolved by the Scientific Assemblies and Sections with the approval of two thirds of the members present and voting at the Annual Business Meeting of the Assembly or by postal vote if necessary, and subject to approval by the Executive Committee.

  5. Members may belong to 3 groups across all Scientific Assemblies and Sections but with voting rights in one Group of one Scientific Assembly or Section only.

  6. Each Scientific Assembly appoints a Long Range Planning Committee with the following aims:
    - Planning of long-term activities of the Scientific Assembly that clearly extend beyond the term of one Head and Secretary,
    - Assisting the Assembly Officers on scientific and membership matters as defined in the Bylaws

  7. The Head and Secretary of each Scientific Assembly or Section are elected from the voting members of that Assembly and/or Section who are based in Europe. They must be either Officers of the relevant Assembly or Section or past or present members of the ERS Committees stipulated in the Bylaws. They are elected by all the voting members of the Assembly or Section.

  8. The Heads of the Scientific Assemblies are de facto members of the Executive Committee and the Scientific Committee. Secretaries of Assemblies are de facto members of the ERS School.

  9. The Chair and Secretary of each Scientific Group are elected from among, and by, the members of the Group by ballot.

  10. The duration of office of Assembly and Group Officers is a single term of three years, non-renewable

  11. On the proposal of the Head of the Assembly, Scientific Assemblies elect their representatives to the Council (Assembly Delegates) at the Assembly Business Meetings held during the Annual Congress. The number of Assembly Delegates from each Scientific Assembly will range from 2 to 10, by decision of the Executive Committee, according to the number of members in each Scientific Assembly. The duration of office is a single term of three years, non-renewable.

Article VIII. National Delegates

  1. Each country with a minimum of 10 members elects one National Delegate. The election is organised by the Secretary General. The duration of office is limited to a single term of three years.

  2. National Delegates should ensure liaison between the national societies and the Society and are members of the Council.

Article IX. The Council

  1. The Council of the Society is composed of:
    -The Executive Committee
    -The Representatives of the Scientific Assemblies (Assembly Delegates)
    -The National Delegates

  2. On proposal of the Executive Committee, the Council shall establish the Internal rules of the Society and shall elect the members of the Executive Committee, except the Heads of the Assemblies.

  3. The Council shall meet at least once a year and will be chaired by the President of the Society. Notice of the meeting shall be given two months in advance and the agenda sent one month in advance. Council decisions, including elections, must be approved by a majority of the members present and voting. Each member of the Council shall have one vote. Fifty percent plus one of the members shall constitute a quorum. If a vote on a particular issue is deemed necessary, the Executive Committee may, on occasion, call on the Council to vote by postal or electronic ballot.

  4. At the Council meeting, the Treasurer shall render an account of the financial management of the Society. Two auditors, elected by the Council, will check this account. The duties of the Council Auditors are set out in Bylaw Article VII Para 15. The duration of office is limited to a single term of three years.

  5. The Council is empowered to make a decision on changing the domicile of the Society.

Article X. The Executive Committee

  1. The Executive Committee shall direct and conduct the general activities of the Society. The Executive Committee is authorized to carry out all tasks not reserved for the General Assembly or the Council. The Executive Committee shall make decisions by majority vote. Fifty percent plus one of the members shall constitute a quorum. The President of the Society has both a deliberative and a casting vote. The Executive Committee reports annually on its activities to the Council. If necessary the Executive Committee may, on occasion, make decisions by postal or electronic ballot

    The Executive Committee is composed of:
        a. -The President.
        b. -The President-Elect
        c. -The Past President
        d. -The Secretary General
        e. -The Treasurer
        f. -The Chair of the Scientific Committee
        g. -The Chair of the European Respiratory Society School
        h. -The European Secretary
        i. -The Guidelines Director
        j. -Two other members (Members at Large)
        k. -The Heads of the Scientific Assemblies

  2. No member of the Executive Committee shall be allowed to hold more than one office at the same time (e.g. as President, Secretary General, Treasurer, Chair of the Scientific Committee, The Chair of the European Respiratory Society School, Member at Large or Head of Assembly).

  3. Members of the Presidential cycle, during their term of office, may not simultaneously hold the position of president of a national society nor a position in the ruling body of an international society.

  4. The Presidential cycle will consist of Vice-President, President-Elect, President, Past President.

  5. The President and the President-Elect should be based in different states. The Secretary General and the Treasurer should be based in different states.

  6. Period of Office:

    a. Vice-President, President-Elect, President and Past President: one-year non-renewable. After termination of their periods of Office, the Vice-President shall automatically become President-Elect, the President-Elect shall automatically become President and the President shall automatically become the Past President.

    b. The Chair of the Scientific Committee, Chair of the European Respiratory Society School, Treasurer, Secretary General, European Secretary and Guidelines Director: one year as officer-elect followed by a single three-year term with no re-election or re-confirmation. Officers-elect will have observer status in the Executive Committee meetings.

  7. With the exception of the Heads of the Scientific Assemblies, Members of the Executive Committee are elected by the Council, on proposal of the Executive Committee.

  8. Membership of the Executive Committee is limited to a total of seven years.

  9. The Vice-President, the Editor, or Editors, in Chief of the ERJ, the Chair of the ELF, the Chair of the Tobacco Control Committee the Website Editor and the ERS Executive Manager have observer status at the Executive Committee meetings.

  10. The Executive Committee shall meet at regular intervals, at least twice a year.

  11. Any Officer can be removed from office by a vote of no confidence of at least two thirds of all the members of the Executive Committee, following a formal written request signed by at least 51% of the members of the Executive Committee. The Officer concerned shall be suspended from active duties pending confirmation of the removal from office by the Council.

Article XI. Committees

The Executive Committee may appoint special committees to help achieve the aims of the Society. These may be Standing Committees or "Ad Hoc" committees. The latter are set up to carry out a specific task within a limited period of time. The membership and functions of Standing and Ad Hoc Committees are contained in the Bylaws. These committees operate under the authority of the Executive Committee. The Executive Committee is empowered to review decisions made by these Committees if the need should arise.

Article XII. Journal(s)

  1. The Society shall have its own journal(s), devoted to the entire field of respiratory medicine. Their scientific management should be independent of the Executive Committee.

  2. Subscription is mandatory for all members, except for Associate and Affiliate members.

  3. The Council, on recommendation of the Executive Committee, will elect the Editor(s) in Chief of the European Respiratory Journal and the Editor of the Monograph. The Editor(s) in Chief's mandate is four years, extendable by two years on recommendation of the Executive Committee, but non-renewable. The Monograph Editor's mandate is four years non-extendable and non-renewable. Qualification rules will apply for the mandate of Editors in Chief of the ERJ as specified in the Bylaws.

  4. The Editors of other publications, except for the Director of Breathe, will be appointed by the Publications Committee and ratified by the Executive Committee. The mandate will be three years, non-renewable.

  5. Editors shall report to the General Assembly and the Executive Committee at least once a year. Editors may nominate members of Editorial Boards, subject to the approval of the Executive Committee.

Article XIII. The Secretariat

  1. The Society may set up an office and employ staff to administer the affairs of the Society.

  2. The Executive Committee shall appoint the Executive Manager. Subject to the authority of the Secretary General, he/she shall be the chief staff officer of the Society.

  3. The Executive Manager shall attend meetings of the General Assembly, Council and Executive Committee, as an observer.

  4. The Executive Manager shall appoint the staff of the Society in accordance with the Staff Regulations established by the Executive Committee and in conformity with the legislation of Switzerland.

Article XIV. Resources

The Society's Resources include:
  • Membership fees,
  • Public or private grants and subsidies with which it may be endowed,
  • Interest and revenue from goods and assets belonging to the Society,
  • Payment for services rendered,
  • Authorised donations and bequests.

All monetary contributions received for the work of any component part of the Society must be channelled through the Society.

Article XV. Reserve Funds

In order, on the one hand, to cover the commitments that it has contracted for the running of its operations and to insure continuation, the Society will establish a reserve fund, the specific object of which is to meet all or part of the obligations it can contract, whatever their nature. The operation and supply of this fund shall be determined by the Executive Committee, and recommended to the Council.

Article XVI. Authorised Actions

  1. In legal actions, the Society shall be represented by the President and the Secretary General, but in those legal actions involving sums of money not exceeding an amount to be fixed by the Executive Committee, the treasurer alone is authorized to represent the Society.

  2. The Society shall not be committed, and instruments executed on its behalf shall not be valid, unless such instruments are signed as provided in this Article.

  3. The President and the Secretary General may delegate their authority for specific purposes to facilitate the running of the Society.

  4. Members of the Society, the Council, the Executive Committee, the Secretariat, National Delegates, Officers of Scientific Assemblies, Sections and Groups and Chairs of such committees as the Society may set up, shall incur no personal liability in respect of the commitments of the Society.

Article XVII. Amendments to the statutes

Amendments to the statutes must be proposed by the Executive Committee, or in writing to the Secretary General by at least 50 members, not less than three months before the General Assembly. These amendments must be acted upon at the succeeding meeting, notice of which shall contain the text of the proposed amendments: such an amendment shall require for its adoption approval by two thirds of the members present and voting.

Article XVIII. Dissolution of the Society

  1. The dissolution of the Society shall be decided on by the General Assembly, on the proposal of either at least two thirds of the members of the Executive Committee, or of at least ten percent of the members of the Society. The dissolution shall be decided upon by an affirmative vote of fifty percent plus one of the active members of the Society, either in a meeting of the General Assembly or by ballot.

  2. The General Assembly deciding on the dissolution of the Society shall be competent to decide how the assets of the Society shall be disposed of after having paid all liabilities. The disposition of the assets shall be made to another not-for-profit organisation or organisations whose objectives are in accordance with the goals of the Society.

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