This is the present Spanish Pirate Party Statute. This translation lacks of the translation of articles 33 to 39 on the Disciplinary Regime. You may want to read the PDF version of the Preliminary Draft instead.

TITLE I. DENOMINATION, GOALS, HEAD OFFICE

Article 1: Denomination

• a. The party was created the 6th of Decembet 2006 with the denomination "Partido Pirata" and "PIRATA” as initials; and following the article 6th of the Spanish Constitution and 1st article of the Spanish Political Parties Organic Law 6/2002, promulgated the 27th of June, this political party is officially constituted.
• b. The party's logo consists on a mainmast of a vessel sailing before the wind, making the mainmast and mainsail look together like a P.
  • 1.The party's logo may be changed following a party's National Assembly agreement, following legal procedures, without the need of applying any changes to this Statute.
  • 2.In order to setup the party's logo, territorial PIRATA organizations may use, together with Spanish, any other language recognized by its respective Statutes of Autonomy.
  • 3.Both national and territorial PIRATA logos will be licensed with the license Creative Commons Attribution Share alike.
• c. PIRATA will follow this Statute, the internal rules that develop this Statute, the Spanish Political Parties Organic Law, and the rest of legal procedures.
• d. PIRATA will follow the documental and accounting requirements established at the Spanish Political Parties Organic Law, being these requirements followed by the party's National Board.

Article 2: Scope and goals

• a. PIRATA is a democratic political party, aconfessional, constituted to contribute for determining the national politics, for estimulating the political conscience of the society, promoting the society's involvement in the politically representative institutions through the raise and support of candidates for the political elections, according to the following goals:
  • 1.- Culture is one of the goods that every citizen has right to access; then, not only we do consider that free cultural collective exchanges and enjoyment are not a crime, but also we do consider it as a fair and efficient way of promoting culture.
  • 2.- We will work to make spanish laws concerning copyright and defense, promotion and spread of culture compatible both author's rights with society's rights, leaving behind concepts like intellectual property, which we consider a nonsense because of the inmateriality of that supposed property and which, due to that supposed simmilarity with conventional property, may give preference to economic interests rather than to the citizens' enjoyment of the culture, instead of reconciling both interests.
  • 3.- In accordance with the former, we reject the formulas of indiscriminate compensatory remuneration, also called canon, of private copies, and we reject a rights management model where authors are forced to transfer those rights under harmful conditions to their own interests; instead, we introduce the absolute obligation of bringing authors the right to choose between self-managing their own performance rights or choosing to work with one of several performance rights organisations; and we seek to open a dialogue between each of the implicated collectives and the society, in order to find proper solutions that satisfy all sides.
  • 4.- It is our goal the no-existence of software patents on our juridical system; for the rest of patent areas, a new patent model will be conceived, open to development and innovation, compatibilizing promotion and protection of innovating efforts with the explotation of previous knowledge, to enhance the technological evolution for the good of the society, avoiding private monopolies to arise from the patent system.
  • 5.- Aiming to achieve the former in a compatible manner with the social and juridical integration of Spain in the European Union, PIRATA will promote, together with those political parties with simmilar ideology in the European Union, the change of the EU directives concerning copyright and defense, promotion and spread of culture.
  • 6.- We will work to make Internet as universal as nowadays radio or television are, and also to make every home, every business, every educational centre in Spain able to enjoy this information and culture universalization tool, without any kind of discrimination due to social, personal or geographic condition.
  • 7.- It is our goal to make neutrality of the Internet a compulsory requirement, and also that every present and future Internet services to be reachable and offered without restrictions nor discriminations between them.
  • 8.- We will work to make public administration use standard, non proprietary, free software, formats and documentation, not only in the search for the technological neutrality, but also to make public administration be able to guarantee safety and privacy of every single citizens' data managed by the public administration.
  • 9.- It is our goal that the fight against crime and terrorism is in agreement with the rights and liberties recognized in the Universal Declaration of Human Rights of 1948, with strong attention to those related to presumption of innocence, privacy and freedom of speech; likewise, we will work to make citizens have the same rights and freedoms inside and outside the Internet.
  • 10.- PIRATA will condemn the use of violence applied to make political claims outside democratic paths; PIRATA will also condemn any attempt against anyone's life and integrity, and will condemn any attempt of excluding and prosecuting people because of their ideologies, faith or beliefs, nationality, race, gender or sexual preferences.

Article 3: Head Office

a. The PIRATA Head Office is in Paseo de Goya number 28, right stairs, ground floor, door C in the city of Móstoles, province of Madrid postcode 28.932. The Head Office may be changed following a National Board's agreement, notified as required by legal procedures. b. The head offices of the Territorial Associations will be established following agreements of their respective assemblies, and their modifications must be notified both to the National Board and to the party members who live within their territories.

TITLE II. MEMBERS. RIGHTS AND OBLIGATIONS

Chapter One: Signing in and Cancelling Membership

Article 4: Members

• a. Every adult individual who doesn't have any legal restriction will be allowed to be member of PIRATA; also foreign individuals, when laws allow it.

Article 5: Admittance

• a. The signing in procedure will be establish internally, according to the following:
  • 1.- Required documents for the signing in request will be available both in the PIRATA's National Home Office and in all its territorial organisations. Also, it will also be possible to sign in through the web site of "PIRATA", and this way will be promoted in the aim of promoting telematic operations.
  • 2.- PIRATA's membership is completed when the new members are included in the members' list, what will be done after the candidate has paid the annual fee, except if the signing in request was made within the three months before any election process described in the Spanish General Election Law, in this case being the membership completed within the fifteen days after the election day corresponding to that election process.

Article 6: Cancelling Membership

• a. Every party member will cancel membership:
  • 1.- Automatically after decease.
  • 2.- At every time, after written notification.
  • 3.- Due to internal sanction, satisfying the dispositions of the Title IV.
  • 4.- Due to the end of the annuity, expressly specifying the wish not to renew it, as well as the non-payment of the annual fee.

Chapter Two: Members' Rights and Obligations

Article 7: Members' Rights

• a. Members' rights will be established internally, including at least the following:
  • 1.- Right to participate in the party activities and in the directive and representative party bodies, and also to assist to the National Assembly, as established in this Statute.
  • 2.- Right to choose and be chosen for any party offices.
  • 3.- Right to be informed about the composition of the directive and administrative party bodies, about decisions adopted by the directive party bodies, about the party activities and about party's finances.
  • 4.- Right to appeal decisions from the party's bodies which consider not compatible with this Statute or the Spanish laws.
  • 5.- Right to request the party to defend the member's honour and image when attacked publicly, and also to request the party to publicly defend the member in those trials and parliamentary committees where the member may be involved.
  • 6.- Right to be chosen to be included on the lists of candidates in any of the elections where PIRATA gets involved, in accordance with the requirements specified in the article 25 of the present Statute.

Article 8: Members' Obligations

• a. Members' obligations will be established internally, including at least the following:
  • 1.- Obligation of sharing the party's goals and cooperating to the achievment of those goals.
  • 2.- Obligation to respect what established in this Statute and its internal rules, and also the laws.
  • 3.- Obligation to obey the valid agreements reached by the directive party bodies.
  • 4.- Obligation to pay the fees and other payments that, according to this Statute, may correspond to each member.
  • 5.- Obligation to cooperate with Justice and with parliamentary committees and sessions, in which the member is asked to cooperate and/or is being prosecuted.
  • 6.- Obligation to participate in election days as observer or representative of PIRATA when required.

TITLE III. REPRESENTATIVENESS, DIRECTION AND ADMINISTRATION

Chapter One: National Assembly

Section One: Nature of the National Assembly

Article 9: Nature of the National Assembly

• a. The National Assembly is the PIRATA's supreme body.
• b. The National Assembly is formed by all the PIRATA's members, who will be able to participate directly or through delegates.
• c. The National Assembly meetings may be permanent, summoned anytime; or extraordinary, summoned occasionally and with exclusive subjects within its scope.
• d. The National Assembly meetings will be regulated by the National Board creating an internal rule which will fulfil everything described within this title; a rule where::
  • 1.A summoning term will be fixed distant enough to prepare and brief about every subject to be discussed.
  • 2.A minimun percentage of members will be required to include new subjects to be discussed
  • 3.Discussion rules will be established for every subject
  • 4.Agreements will be democratic, and it will be established the majority required for those agreements, ruling by default the simple majority of present or represented members; except for the cases described in article 14.d.

Section Two: Permanent National Assembly

Article 10: Summoning of the Permanent National Assembly

• a. The Permanent Summoning Assembly will be summoned permanently via Internet as defined in an internal rule

Article 11: Duties of the Permanent National Assembly

• a. Define of its political platform, its guidelines and its strategies.
• b. Discuss and judge the management of the National Board and the Rights and Guarantees Committee.
• c. According to the former, and also to the Democratic Control of the Party's Bodies principle, discuss and, at the appropriate time, revoke the agreements of the National Board and the Rights and Guarantees Committee that were found to be infringing this Statute and the internal rules that develop it; or, concerning the National Board, judged opposite to the agreements and guidelines emanated from the National Assembly. The maximum period to revoke any agreement from both the National Board or the Rights and Guarantees Committee is one month since the public communication of that agreement to all the party members.
• d. Any other non exclusive Extraordinary National Assembly duties

Section Three: Extraordinary National Assembly

Article 12: Summoning of the Extraordinary National Assembly

• a. The Extraordinary National Assembly will be summoned by the initiative of:
  • 1.The National Board
  • 2.At least twenty per cent of the party members
• b. A minimum period of two months must pass since the last meeting of the Extraordinary National Assembly, for a new meeting to be held, except if summoned for elaborating the party lists to be presented at European or National Elections, that have been brought forward from the deadline of their respective legislatures, so the meeting of the Extraordinary National Assembly acquires an urgent character.
  • 1.As a result, it will be considered, in the summoning of the Extraordinary National Assembly's meetings, that the meeting where it will be discussed and judged the annual balance of the party must be held in January or February.
• c. When one of the forementioned authorized summons an Extraordinary National Assembly meeting, the other one will be allowed to add any subjects that may consider proper to discuss, within the duties assigned to that meeting in the article 13.
• d. A way of reaching the maximum attendance of present or represented party members to the Extraordinary National Assembly will be searched.

Article 13: Duties of the Extraordinary National Assembly

• a. Modifying this Statute.
• b. Approving and/or modifying the internal rules of the party.
• c. Electing the National Board and Rights and Guarantees Committee members.
• d. According to the Democratic Control of the Party's Bodies principle, revalidation of the National Board's positions and or the Rights and Guarantees Committee.
  • 1) The positions not revalidated will be removed and a new internal election will take place within the frame of the Extraordinary National Assembly for the new internal election will be summoned within the Extraordinary National Assembly for its replacement.
  • 2) It will only be possible to hold one impeachment for each of the bodies of the Party once a year, though the successive terms in office.
  • 3) It will only be possible to hold an impeachment for each of the bodies of the Party once the minimun duration of its respective terms in office have passed.
• e. Dissolution of "PIRATA"
• f. Discussing and judging the party finances.
• g. Accordig to the expounded on the article 12.b, election of the party's candidates to the external elections.

Section Four: Internal Elections

Article 14: Configuring Internal Elections

• a. On the election of the National Board and the Rights and Guarantees Committee officers election, and also on the elaboration of the party's lists for the several European and National Elections, all "PIRATA"'s members that wish so will be eligible, except for those disabled due to Rights and Guarantees Committee resolutions.
  • 1. On the elaboration of the party's lists for the external elections, neither will be eligible, together with the forementioned, those incapacitated by law.
  • 2. Members who apply for the party's lists for external elections will have to meet the requirements specified in Chapter V of this Title.
• b. Internal elections will be voted through an open list system, that's to say, every member who applies for public or internal offices and that is capacitated for it, will be included in a single list where all the party members will be free to choose the applicants they want.
• c. When a party member decides to delegate the vote in other members who offer themselves as representatives, he must meet the following principles:
  • 1. Delegation of the vote will be effective for all the party's internal elections.
  • 2. The delegation to a representative can be cancelled at any time, and it will be possible then to choose whether to delegate the vote to another representative or to recover the responsibility of personally using the right to vote.
  • 3.Party members who have delegated its vote to a concrete representative, must confirm their choice after a year since delegation occurred, or since the last time they confirmed their delegation; if they don't do this, delegation will be cancelled and they will recover the responsibility of personally using their right to vote; it won't prevent them to delegate their vote again.
• d. The party's internal elections and agreements where a special majority and a minimum present or represented attendance are be required, are the following:
  • 1. Dissolution of the party: as described at the Title V of this Statute.
  • 2. The Article 2 will only be able to change by adding new goals, not being possible to remove from the Statute the goals that were present when the party was created. A minnimun attendance of nine tenths of the members of the party, present or represented, and a qualified majority of three fourths, will be required for the new goals to be added.
  • 3. Change the Article 9 of the Statute on the nature of the National Assambly, the article 14 of the Statute on the configuration of the internal elections and or the article 25 of the Statute on the Rules of the Institutional Groups: minimum attendance of nine tenths of the members, present o represented; and a qualified majority of three fourths of the numer of members of the party.
  • 4. Change the structure of this Statute and/or the rest of its articles: minimum attendance of two thirds of present or represented members; and three fifths majority of party members.
  • 5. Change the structure and articles of the party's internal rules: minimum attendance of two thirds of present or represented members; and simple majority of party members.
  • 6. Revoke an agreement of National Board or Rights and Guarantees Committee: minimum attendance of two thirds of present or represented members; and three fifths majority of party members.
  • 7. Force National Board or Rights and Guarantees Committee to resign through impeachments: minimum attendance of two thirds of present or represented members; and three fifths majority of party members.

Chapter Two: Other National Party Bodies

Section One: National Board

Article 15: Nature and Composition of the National Board

• a. The National Board is a PIRATA body, with management and executive functions, with the responsibility of impulsing and executing the political platform, agreements and guidelines of the National Assembly, and also dealing with the administrative management of the party.
• b. It will be chosen, according to what's described at Chapter One of the present Title, and from every party member who apply for it, the necessary amount of members to fill the following offices:
  • 1. A Chief Executive Officer of the National Board.
  • 2. A Secretary of the National Board.
  • 3. A Treasurer of the National Board.
  • 4. Six additional National Board's officers.
• c. Party's members chosen to be National Board's officers, will choose from themselves who will fill each National Board's office.
• d. The members of the National Board hold the legal representation of the Party.
• e. The minimum term of office for the National Board's officers will be four months.
• f. Filling a National Board's office will be not compatible with being a territorial officer, and not compatible with being a Rights and Guarantees Committee officer. Nevertheless any member of the National Board will be able to fill a provisional office for the creation of a territorial body after the absolute aproval of all the members of the National Board to the corresponding petition explaining the reasons that force the creation of that territorial body. The mentioned office will last a year at maximun, and in the case of not managing to strengthen the territorial body the National Board will have to take the measures that they consider appropriate. In no way a member of the Rights and Guarantees Committee will be able to belong to a territorial body.
• g. A National Board's officer cannot fill two of the National Board's offices at the same time; if there weren't enough officers due to whatever reasons, the National Board would be forced to summon a new National Board's internal election.

Article 16: Rules and Duties of the National Board

• a. Functioning of the National Board; its meeting summoning procedures; communication of all its meeting minutes and agreements to all the party members, a matter of compulsory observance; and any other questions concerning this party body, will be established by internal rules, always observing what is stipulated by this Statute and all its internal rules, and also by law.
• b. The National Board duties will be the following:
  • 1. To coordinate the party's activities, and to adopt the proper actions to the execution of the agreements and guidelines emanated from the National Assembly.
  • 2. According to the former, to receive and discuss the briefings and projects developed by the Sectorial Committees for their approval, at the appropriate time, and coordinate its execution. Anyway, the National Assembly will always be informed of those briefings and projects at any time.
  • 3. To summon Extraordinary National Assembly meetings.
  • 4. According to the former, to notify the National Assembly the resign of any of the National Board officers, to summon a new internal election for the vacant offices; and, after being observed the minimum term of office for the National Board, ratification of the remaining officers, or elsewhere, election of new ones.
  • 5. To elaborate and approve the ordinary party budget, and any other electoral or extraordinary budgets, as any other required additions of those budgets that were needed.
  • 6. To elaborate and approve any actions that allow the party to receive new incomes, always observing the laws.
  • 7. To manage and observe the documentary and accounting requirements described at the Title IV of this Statute.
  • 8. To coordinate and assign executive and administrative duties to the party Territorial Associations, and to study and approve, when proper, their internal rules.
  • 9. Determine which subjects linked to parlamentary legislative initiatives, government's initiatives, citizens proposals, or any other matter are within the goals of "PIRATA" included on the Article 2 of the present Statute.
  • 10. Propose to the Permanent National Assambly the removal of those coordinators of the Sectorial Comittees that they consider to accomplish negligently their commitment, or that they ignore the guidelines marked by the National Board and the National Assambly.
• c. Eventually, and for any duties outside the scope of the several Sectorial Committees, for instance, to elaborate budgets or actions to receive new incomes, the National Board will be able to propose the creation of temporary task groups, of free enrolment for the party members that want to.
• d. Also, the National Board will deal with the approval or denial of the proposals of creation of new workgroups that are refrended by at least 15% of the party's members.

Section Two: Sectorial Committees

Article 17: Nature and Composition of the Sectorial Committees

• a. The Sectorial Committees are the specialized task groups of PIRATA, that look after the daily sound out of the Spanish and European standing, and look after the elaboration of proposals, documents and political platforms destinated to the success of the PIRATA goals, and that will depend of, and be coordinated by the National Board.
• b. Each Sectorial Committee will be formed by every party member that want to
  • 1. All PIRATA members may freely form part of as many Sectorial Committees as they want to, being free to enroll and drop out when they want to.
  • 2. Party members enrolled in a Sectorial Committee will elect their coordinator from themselves.
• c. PIRATA Sectorial Committees, and the areas where they must develop their tasks, are the following:
  • 1. Cultural and Copyright Sectorial Committee: will work to make compatible everyone's right to free distribute and access to the culture, and their contribution in that culture, with the care and protection of the authors of cultural works.
  • 2. Patents Sectorial Committee: it will work for the no existence of Software Patents; and for the establishment and consolidation of a patent system that avoids private monopolies, and that makes compatible the promotion and protection of the innovation efforts, with the explotation of previous knowledgement, to enhance the technological evolution.
  • 3. Information Society Sectorial Committee: it will work to attain that the society can progress together by the hand of the Information Society, without no discrimination due to social, personal or geographical condition;; to attain that public administration use standard, non proprietary, open software, formats and documentation; and to attain the neutrality of the Internet.
  • 4. Civil Rights and Freedoms Sectorial Committee: it will work to attain that the fight against crime and terrorism can be made compatible with the constitutional right of privacy; and, finally, will work to attain that all citizens have the same rights and freedoms inside and outside the Internet.
  • 5. Public Relations Sectorial Committee: it will work to attain that all citizens know the PIRATA plans and projects for the times to come; to attain that all citizens know the daily work and the actions that PIRATA have done; and to attain that all citizens have a higher grade of knowledge about the technological gaps, legal gaps and menaces against their civil rights and freedoms existing nowadays, menaces that pitifully they don't use to know about, to make those menaces known to the citizens and thus allow them to freely and really implicate actively in their solution
  • 6. International Relations Sectorial Committee: it will work to make PIRATA relations with parties of simmilar ideology grow tighter, to harmonize ideas, and to share common projects, for instance, those to be done within the European Union scope..

Article 18: Rules and Duties of the Sectorial Committees

a. Functioning of the several Sectorial Committees, its meeting summoning procedures; communication of all its meeting minutes and agreements to all the party members, a matter of compulsory observance; and any other questions concerning this party body, will be established by internal rules, always observing what is stipulated by this Statute and all its internal rules, and also by law.

Chapter Three: Specialized Party Members within the National Scope

Article 19: Nature and Composition, Rights and Guarantees Committee

• a. The Rights and Guarantees Comittee is the party's body responsible of the party members' rights and obligations. It will be responsible of settling conflicts between several party members, protecting their rights and enforcing the observance of their rights; and of applying the stated on the Title IV and on the Disciplinary Rules when timely and necessary.
• b. In order to fill the committee offices, as described in the Chapter One of this Title, and from every party's member that apply for it, the following party's members will be filled for be Rights and Guarantees officers:
  • 1. A President of the Rights and Guarantees Committee.
  • 2. A Secretary of the Rights and Guarantees Committee.
  • 3. Three members.
• c. The minimum term of office for the Rights and Guarantees Committee officers will be six months.
• d. Being a Rights and Guarantees Committee officer is not compatible with any other party offices, neither with applying for the external elections lists.

Article 20: Rules and Duties, Rights and Guarantees Committee

• a. Functioning of the Rights and Guarantees Committee; communication of all its meeting minutes and resolutions to all the party members, which is of oblied fullfilment; and the rest questions concerning those party's bodies, will be described on Title VI and on the Disciplinary Rules, always observing what is stipulated by this Statute, with special observance of what is described in Title II, and also in the Chapter V of this Title III.
• b. The Rights and Guarantees Committee will notify the National Board any resignation of any of its members, so that the National Boar can call for the respective internal eletions, within the frame of the Extraordinary National Assambly.
• c. The competences of the Rights and Guarantees Committee are the following:
  • 1. Guaranteeing the rights recognised by the present Statute and the Regulations that develops further to individual and collective members through the resolution of the appeals statutoryly established
  • 2. Inform the National Assambly about the disputes arisen between members, members and bodies of this party or between bodies of this party.
  • 3. Bring in not-binding reports when a party's body demands it.
  • 4. Oversee the internal elections.
  • 5. Oversee the debates held within the frame of the National Assambly.
  • 6. Oversee and control the wealth situations and economical activities of the elected or designated public offices.
  • 7. Watch for the fullfilment of the norms on the incompabilities of public offices of those members of "PIRATA".
  • 8. Guarantee the fullfilment of the data protection policy, solving the possible contingencies derivated from the normative on this matter.

Chapter Four: Territorial Structure

Article 21: Principles for the Territorial Organisation

• a. In order to optimize both internal party's management and execution of the party's political platform, strategies and guidelines, the Spanish territories, localities, provinces, insular territories and autonomies, will be allowed to constitute, within the party, and if the party members living within their territories agree, Territorial Associations.
• b. It is recommended, but not compulsory, that for the good of the party, every single territories within the autonomy scope constitute Autonomous Associations
• c. PIRATA Territorial Associations will have autonomy to define their internal rules, which will by imperative be communicated to the National Board to their approval.
• d. The National Board, and the Autonomous Associations, will have to, as far as their economic resources make them possible, have headquarters to be used:
  • 1.As documentary non informatic archives.
  • 2.As centre for the party administrative formalities that require their participants to personally take those steps.
  • 3.As information centres to attend citizens and party members living within its territorial scope.

Article 22: Scopes of Territorial Organisation

• a. PIRATA territorial scopes in its executive and management activity are, ordered by territorial hierarchy, the following:
  • 1.National scope: the previously described party bodies, National Assembly, National Board and Rights and Guarantees Committee.
  • 2.Autonomous scope: the Autonomous Associations.
  • 3.Insular, provincial scope: the Insular Associations; and the Provincial Associations in multiprovincial autonomies.
  • 4.Locality scope: the Local Associations.

Article 23: Duties of the Territorial Associations

• a. In their territorial scope, Territorial Associations will have the following duties:
  • 1.To assist to the optimal execution of the political platform, strategies and guidelines of the party, observing the National Board instructions at any time. Coordination of the assigned tasks will be done according to the party's territorial hierarchy.
  • 2.To serve as a connection between citizens and party members that live within its territorial scope, and the Public Relations Sectorial Committee, having an essential function within those territories with less percentage of Internet users, where the technological gap makes more difficult for the Public Relations Sectorial Committee to communicate with the citizens.
  • 3. Run for the elections appropriate for the scope of the Territorial Association, if the members of that territorial association wish so, with the prior approval of the National Board.

Chapter Five: Institutional Groups

Article 24: Nature and Composition of the Institutional Groups

• a. PIRATA Institutional Groups are the party's way of political action within the national and european institutions.
• b. Every party member that, being included at the lists of the European or National Elections, have been elected by the citizens, will be part of the Institutional Groups.

Article 25: Rules of the Institutional Groups

• a. The functioning of the PIRATA Institutional Groups will be established by internal rules, being its duties and obligations, at least, the following:
  • 1.The Institutional Groups will rule their interventions in subjects concerning the party's goals, according with that goals and also with the guidelines of the National Assembly.
  • 2.For the other subjects outside the party goals, in accordance with the disposed on the artible 2 of the present Statute,by default the members of the Institutional Groups will abstain; in order to decide in which cases there will be exceptions to that abstentionism, citizens with the right to vote will also be enfranchised with the righh to vote and have voice, in accordance with the norms and procedures defined by internal rules. This submission to the citizens' will implies that "PIRATA" will not be part in any coalition government, nor will give inconditional support to any of the parties represented on the chambers of the different parliaments where "PIRATA" obtains paliamentary representation.
  • 3.In the cases previously described, and within the european scope, the PIRATA Institutional Groups will harmonize their decisions with the rest of parties with simmilar ideology within the European Union, through the National Assembly and the International Relations Sectorial Committee.
  • 4.In any case, members of the Institutional Groups will be under voting discipline and behaving unity
  • 5. Every member og the Institutional Groups elected on external elections, are committed to resign fropm their elected office, through the legal procedures, if after being elected their party's membership is cancelled.
  • 6.All PIRATA members who apply as candidates for National and European Elections, must declare their properties and activities before the final approval of the election list by the National Assembly.
  • 7.From these candidates, those who were elected and become members of the Institutional Groups will also be commited to make a new properties and activities declaration after they finish their terms of public offices or after they cease their functions at the office which they were elected for; during their term of office, it may also be required by the Rights and Guarantees Committee to present additional properties or economic activities that they have relation with.
  • 8.Likewise, and according to article 7.a.5, the members of the Institutional Groups will have the right of being protected by the Rights and Guarantees Committee when they are defamed or they are the object of tendentious informations about their properties or activities, in order for this committee to assume the defence of their integrity and honesty, as defined by the Disciplinary Rules.
  • 9. Every member of the Institutional Groups of "PIRATA" elected on external elections will have the duty to attend the plenaries of the chambers for which they have been elected and the Parliamentary Commissions of which they are part.

TITLE IV. ECONOMIC AND PATRIMONIAL RULES

Article 26: Economic resources

• a. PIRATA may acquire, manage and transfer those rights and properties that may be found necessary for the attainment of its goals. The party's economic resources are formed by:
  • 1.Member fees and voluntary contributions.
  • 2.Returns of its own patrimony.
  • 3.Financial credits.
  • 4.Inheritances, legacies and donations it may receive.
  • 5.Any other incomes that may receive according to Spanish Organic Law 3/1987, 2nd of July, about financing political parties.
• b. Minimum member fees will be agreed by the National Board.

Article 27: Patrimony

• a. PIRATA lacks constituent patrimony.

Article 28: Balance accounting. Management, Supervision, Control

• a. Management, supervision and control of its economic and patrimonial rules will be done according to the following:
  • 1.According to articule 16.b.5, it's the National Board's duty to elaborate and approve the Ordinary Budget, within the first fourty five working days of the new fiscal year; as well as all those budgets of election or extraordinary nature, and any other required additions of those budgets that were needed.
  • 2.PIRATA fiscal year will match the natural year, and will finish the 31st of December.
  • 3.It's the Extraordinary National Assembly duty to control the party's balances; if the assembly deems appropriate, it will create a temporary task group to properly audit and account every action and document from which may arise economic rights and obligations.
• b. In the search of the maximum transparency, the economic and patrimonial party's status will be of the public domain, with special emphasis on the source of the non-public nor member's incomes, and also on the destination of the party's expenditures.

Article 29: Documentary Rules. Accounting Obligations

• a. The party must hold, in order to make publicly and permanently known its financial status, the following documentary registries, which contents will be established by internal rules:
  • 1.Members Book
  • 2.Minutes Book
  • 3.Accounting Book
  • 4.Treasury Book
  • 5.Inventories and Balances Book.

TITLE V. PARTY DISSOLUTION

Article 30: Dissolution

• a. According to article 13.f, it's the Extraordinary National Assembly duty to dissolve the PIRATA.
• b. In order to attain that resolution, a minimum attendance of nine tenths of present or represented members, and two thirds majority of party members will be required.
• c. The remaining patrimony after the party dissolution, and after all financial obligations have been paid, will be destinated to charitable works.
• d. The Extraordinary National Assembly meeting where the dissolution of PIRATA have been agreed, will open a discussion to decide wich charitable works will receive the patrimony and how much will receive each one of them; this resolution must be approved by a two thirds majority of the present or represented members at that meeting. If no agreement is reached before the end of the meeting, it will be decided by drawing if the remaining patrimony after the party dissolution will be destinated to all the charitable works or only to one of them, and in this case, which between all those charitable works will receive it..

TITLE VI. DISCIPLINARY REGIME

Article 31: Processing of the Disciplinary Files and Procesal Guarantees

• a. The Rights and Guarantees Committee is autorised for the instruction of disciplinary files of members of the party, as a duty or when a reasonable instance is presented, according to the Disciplinary Reglament.
• b. The disciplinary files refered to behaviours that represent a very serious misdemeanour will be resolved by the Rights and Guarantees Committee.
  • 1. Only an unique appeal to the National Permanent Assambly can be arisen against the resolutions enacted on those files.
  • 2. IUnder the disposed on the article 11.c, the term to give notice of appeal to the National Assambly will be a month after the public communication of the resolution of the Rights and Guarantees Committee, reason of the appeal, to the members of the party.
• c. The disciplinary files refered to behaviours that represent a minor or serious misdemeanour will be resolved by the Rights and Guarantees Committee.
  • 1. The Rights and Guarantees Committee will be able to delegato the resolution of behaviours that represent a minor or serious misdemenour to territorial subcommmittees created by and dependent on the Rights and Guarantees Committee, on the case that the territorial associations have been created and the diligence and efficiency of the management of the disciplinary files requires those measures.
  • 2. Only an unique appeal to the National Permanent Assambly can be arisen against against the resolutions enacted on those files, either directly through the Rights and Guarantees Committee or through the territorial subcommittees.
  • 3. As in the case of the section b), and under the disposed on the artible 11.c, the term to give notice of appeal to the National Assambly will be a month after the public communication of the resolution of the Rights and Guarantees Committee, reason of the appeal, to the members of the party.
• d. In the interest of the transparency of the penalizing procedure, no one of the members of the Rights and Guarantees Committee will be able to resolve disciplinary files that affect themselves as part to be sanctioned, they will inhibit from the deliberation as well as of the emition of a vote on the corresponding resolution.
  • 1. If two or more members of the Rights and Guarantees Committee figurate in a disciplinary file, the whole committed will have to absolutely inhibit from that disciplinary file, transfering it to the Permanent National Assambly for its deliberation and resolution.
  • 2. The disposed in the introductorty paragraph as well as in the previous paragraph will be applicable in the case that the Rights and Guarantees Committee has delegated to subterriotirial subcommittees, when two or more members of the subcommittee figurate in a disciplinary file.
• e. In the interests of every member's right to preserve a clean and fair disciplinary procedure, and the defense of that member in behalf of the Rights and Guarantees Committee as disposed on the article 7.a.5, it's forbidden to take precautionary measures previous to the processing of the corresponding disciplinary file on those assumptions that represent an infraction beyond the disposed on the Statute and reglaments and reached ilicit nature; even on those assumptions of serious and irregular behaviours that on the opinion of the National Board deserve the precautionary expulsion.
  • 1. In those cases it will be expected the existance of a judicial resolution on the facts that caused the prosecution of the disciplinary file to, if needed, adopt precautionary measures.
  • 2. Also there will not be a firm disciplinary resolution by the Rights and Guarantees Committee until the Justice doesn't reach equally firm sentences on the facts that caused the prosecution of the disciplinatory file.
• f. The santions will be executed inmediately on the same day of the communication of a firm resulution to the party members.
• g. The Rights and Guarantees Committee will resolve the file away of the behaviours when the check that the infraction has prescribed; the agreement or resolution adopted will be communicated to the party members.
  • 1. Minor misdemeanours will prescribe after 2 months.
  • 2. Serious misdemeanours will prescribe after a year.
  • 3. Very serious misdemeanours will prescribe after 2 years.
  • 4. The estimation of the terms will start from the commitment of the misdemeanour. The term will be interrupted after the report or ex-officio intervention of the Rights and Guarantees Committee within the corresponding term.

Article 32: Definition and interpretation of the infractions

• a. With respect to the degree of the sanction to apply, the infractions gathered in the present Title as in the Code of disciplinary punishment could be cataloged like minor offenses, serious or very serious.
• b. Independently of the misdemeanors gathered in the present Title as in the Code of disciplinary punishment, the reiteration of minor offenses will be considered as a serious offense, and as very serious misdemeanor the reiteration of serious offenses.
  • 1. To the effects of the previous section, it will be understood as reiteration that constitutes misdemeanor of a degree the succession of two misdemeanors of the immediately inferior degree in the term of one week; or the succession of three misdemeanors of the immediately inferior degree in the term of a month; or the succession of five misdemeanors of the immediately inferior degree in the term of a year.
• c. The infraction and the attempt of infraction are sanctionable.
  • 1. There is infraction attempt when the affiliated one directly initiates the execution of the infraction by outer facts, practicing all or part of the acts that objectively would have to produce the result, and nevertheless this is not produced by independent causes of the will of the affiliated one.
  • 2. Infraction tentative will be sanctionable only for serious and very serious misdemeanors.
  • 3. It will be left of responsibility by the tried infraction who that voluntarily avoids the consummation of the infraction, stopping of the execution already initiated or preventing the production of the result, without damage of the responsibility which it could have incurred across the executed acts, if these were constitutive of another infraction.
  • 4. When in a fact several affiliated take part, the ones that stop the execution already started will be left of responsibility, or if they prevent or try to prevent, serious, sign decidedly the consummation, without damage of the responsibility in which they could have incurred across the executed acts, if these were constitutive of another infraction.
• d. These are extenuating circumstances at the time of judging an infraction:
  • 1. To act under causes or stimuli so powerful that they have produced fit, blindness or another passionated state of similar organization.
  • 2. To confess the infraction to the Committee of Rights and Guarantees before knowing that the disciplinary file goes against him.
  • 3. To repair the damage caused to the affected ones and/or the party, or diminish its effects, at any time of the procedure and prior to the adoption of a resolution on the part of the Committee of Rights and Guarantees.
• e. These are aggravating circumstances at the time of judging an infraction:
  • 1. To execute the fact with treachery. There is treachery when the culprit commits any of the infractions against the people and/or against the party using in the execution mediums, ways or forms that tend directly or specially to assure it, without the risk that for its person could proceed in the defense of the affected ones.
  • 2. To execute the fact by means of disguise, with superiority abuse or taking advantage of the circumstances of the place, time or the aid of other people who debilitate the defense of the affected ones or facilitates the impunity of the violator.
  • 3. To execute the fact by means of price, reward or promise.
  • 4. To commit the infraction by reasons of discrimination referring to the race, ideology, religion or beliefs of the victim, ethnic group, race or nation belongings, sex or sexual direction, disease or disability or any other social condition, personal or geographical.
  • 5. To act with trust abuse.
  • 6. To take advantage of the Public Character of the culprit.
  • 7. To be re-incident. There is recidivism when having infringed, the culprit has been sanctioned executorily by an infraction of the same type that the one that motivates its disciplinary file, whenever it is of the same nature.
• f. The authors of the infraction and their accomplices are the ones responsible.
  • 1. They are authors those who act alone, in group or by means of another person who is used like an instrument; those that directly induce to another or others to execute it; those that cooperate to his execution with an act without which it could not be carried out.
  • 2. They are accomplices the ones that, not being included/understood in the previous paragraph, they cooperate to the execution of the fact with previous or simultaneous acts.

ADDITIONAL PROVISIONS

Transitory Provisions

Unique Transitory Provision

• a. A meeting of the Extraordinary National Assambly will be summoned with the aim of ratifying the present Statute, that will take place the first weekend after it has passed a month from the communication in behalf of the Interior Minister of the inscription of the party according to the disposed on the article 4.2 of the Organic Law 6/2002 that regulates Political Parties.
• b. On that meeting, and as an exceptional measure, a majority of three fourths of the census over the party members will be requiered in order to ratify the Statute.
• c In the case that this majority is not reached, it will be opened, in the aim of extending the consensus on the present Statutes, a term of fifteen days in which the party members that wish so will be able to present amendments to the present Statute. At the same time that the term starts, a new meeting of the Extraordinary National Assamble would be summoned to be held when the term ends, in which the following proccess would be followed:
  • 1. Every presented ammendment would be presented; it will be required a majority of two thirds of the present or represented members for it's approvation.
  • 2. The text that way ammended would turn to be held as the new Statute of "PIRATA", in replacement of the present Statute, being timely sent to the Interior Minister for its approval.
• d. Provisional officers of National Board and Rights and Guarantees Committee, indicated at the Constituent PIRATA Act, will stay at their offices until the holding of the meeting of the Extraordinary National Assambly foreseen by section a), in which it will take place internal elections to choose the permanent offices according to the disposed on the present Statute.
• e. The provisional offices of the National Board will be the following:
  • 1. President.
  • 2. Secretary.
  • 3. Treasurer.
  • 4. Two vocals.
• f. The provisional offices for the Rights and Guarantees Committee will be the following:
  • 1. President.
  • 2. Secretary.
  • 3. One Vocal.
• g. If the Meeting of the Extraordinary National Assambly foreseen on the present Statute could not be held before the 5 March 2007, the Secretary of the National Board would resign from his office the 4th March 2007, being empowered one of the vocals of the provisional National Board to assume as an exception the competences of the Secretary until the holding of the Extraordinary National Assambly.
  • 1. The Secretary of the National Board, in the assumption foreseen on the previous paragraph, would, before he resigns from his office, meet with the provisional President of the National Boart in the aim of hand over him the documentation that he had; this would be done according to the disposed on the Organic Lay 15/1999, of 13th of December, on the Data Protection of Personal Nature.
  • 2. Also, the Secretary of the provisional National Board would make evidence to whom it may concern the address of the designed vocal of the provisional National Board, for the reception of the official correspondence of the party until, during the meeting of the Extraordinary National Assambly, the new National Headquarters of PIRATA are set.

Final Provisions

Unique Final Provision

• a. This Statute will be developed with the following internal rules:
  • 1.Member Rules
  • 2.Disciplinary Rules
  • 3.National Assembly Rules
  • 4.National Board Rules
  • 5.Sectorial Committees Rules
  • 6.Institutional Groups Rules
  • 7.Documentation and Accounting Rules