CONSTITUTION OF THE ROMANIAN RESERVE OFFICERS ASSOCIATION
CHAP. I GENERAL DISPOSITIONS
Art. 1. The Romanian Reserve Officers Association, hereinafter referred to as AORR (the acronym according to the Romanian/French language), is a non-governmental, non-profit, autonomous and apolitical organization, established under art. 40 of Romania’s Constitution that rules the right to free association and under the Government Ordinance no. 26/2000 regarding the associations and foundations, subsequently modified and integrated.
Art. 2. (1) AORR is organized and operates under the auspices of the General Staff of the Romanian Armed Forces, based on the Memorandum and on the hereby Constitution. The Chief of the Defence Staff can be the Honourably President of the association.
(2) AORR symbols are: the emblem, the flag, the pennon and the member badge.
(3) AORR has its own website and can post specialty publications.
Art. 3. AORR is set up for an unlimited period and has its office in Bucharest, 3rd sector, Traian Street, Nr. 3, 6th floor, 2nd entry, ap. 49. The office can be transferred to another address, based on the resolution of the Executive Council, in compliance with legal provisions.
Art. 4. (a) As a member of the Interallied Confederation of Reserve Officers, CIOR – NATO, AORR participates at the activities organized by CIOR, and also at the activities carried out in partnership with foreign associations and organizations.
(b) At the same time, AORR acts in order to consolidate the collaboration relationships with other associations of reserve military staff, with the war veterans association, and it develops the cooperation with other national organizations and associations with common interests.
CHAP. II PURPOSE AND OBJECTIVES OF AORR
Art.5. The purpose of AORR is to make full use of the experience and professional skills of reserve officers, and also of volunteer reservists, in order to contribute to the promotion of national and Euro-Atlantic security interests, values and objectives, according to Romania’s Constitution, to defence specific laws, to Romania’s National Strategy of Defence and according to Euro-Atlantic legal frame, and also in order to provide consultancy and expertise for specific matters.
Art.6. The objectives of AORR are:
- To maintain and develop the love for the fatherland and national flag, the respect towards the Constitution, national laws and Romanian Armed Forces, to act in order to defend the territorial integrity, the independence and the unity of Romanian state;
- To educate and develop the feelings of consideration, respect and affection towards the democracy values, to support the achievement of the objectives of national defence and those of collective defence within the North Atlantic Alliance;
- To develop the feeling of duty to defend the country, of the solidarity and cooperation among reserve officers from all the categories of army forces, from the national security system, and also to develop links of friendship and collaboration with officers from similar military associations from NATO and the EU Member States;
- To contribute to the professionalization of reserve officers, Non-Commissioned Officers, and all-ranks of military volunteers, and to support their integration in the effort of national and collective defence;
- To contribute, through projects and proposals, to the support of the interests of reserve military people and of their families, and also to the increase of their quality of life, according to the standards imposed by the Romania’s status as member of NATO and the EU;
- To campaign for the defence of military dignity and honour;
- To promote the contacts and the cohesion between active and reserve forces; to develop actions of cooperation with similar associations, with CIOR member associations, according to bilateral agreements and according to the articles of incorporation of those organizations;
- To contribute to the selection and training of candidates for the occupation of volunteer officer, Non-Commissioned Officer, and all-ranks;
- To educate the respect towards the heroes honour who sacrificed themselves for Romania’s freedom, independence and sovereignty and while in missions, under the auspice of international organizations, for democracy and for keeping national identity; to contribute to the education of young generation in the spirit of love for the country, for its glorious past and the traditions for the Armed Forces’ battles and of the affection to Romanian people;
- To contribute to the modernization of legal frame of national and collective defence, to the constitution of reserve military forces, to promote the army’s interests for the equipment with modern fight means and for the development of national defence industry;
- To actively promote, within the Romanian society, the interests of national security system, to take a strong stance against the policies and practices that denigrates the army and the national interests;
- To contribute to the knowledge dissemination in the sector of military science and technology, of military and defence planning;
- To develop the fellowship between its members and to stimulate the collaboration with other associative and professional structures, especially from the national security system;
- To contribute to the harmonization of the relationships between active, volunteer and reserve military people and civil society; to support the integration in the civil society of the staff placed on reserve status;
- To support, through the available means, AORR members in difficulty.
Art. 7. In order to achieve its purpose and objectives, AORR carries out the following activities:
- Periodically informs the association members regarding the objectives of national and international security, the evolutions from the Euro-Atlantic area and from Romania’s geostrategic area, and also regarding the lessons learnt during the participation of Romanian military people at military actions under the auspices of NATO and the EU;
- Informs the association members regarding the legal modifications or proceedings from the field of national and collective defence; elaborates proposals for the improvement of legal frame in this field;
- Participates, through its representatives, at cultural, commemorative, anniversary etc. activities organized by central and local public authorities;
- Encourages the AORR members to publish, based on their own experience, memorial, history or literary works, articles, analyses or perspectives regarding the fields of military activity, of national safety and security;
- Participates at national and international partnerships and carries out exchanges of experience in the field of reserve force and of territorial defence with institutions of Romanian State, with associations from Partner states, NATO and the EU members;
- Contributes to the organization of some debates, of some applicative-military, training and sport activities, in order to stimulate the interest for the advancement of individual military training of reserve officers, petty officers, non-commissioned officers, sergeants and soldiers, and of volunteer reservists;
- Provides support for the promotion of the interests of its members, of reserve military staff, of war veterans, and sets up its own bodies for reservists’ social protection;
- Carries out projects and submits proposals to competent institutions of Romanian state, in order to achieve the proposed goal and objectives;
- As applicant or partner, AORR can access European funds to advance the human resources, to develop the recreational material basis, and also to solve some social problems for the categories of staff represented by it;
- Initiates and systematically develops activities of citizens’ patriotic education, of national conscience development of Romanian people in order to defend the independence, the sovereignty and the territorial integrity of Romanian unitary national state;
- Marks, through educative actions, the most important moments from the multimillenial history of the Romanian people and of our Armed Forces.
CHAP. III AORR MEMBERS – METHODS TO OBTAIN AND LOSE
Art.8. (1) AORR is constituted of members, honourably members and supportive members.
(2) AORR Members can be reserve generals and officers, volunteer reservists officers came from all the categories of army forces and from other structures of national defence system, members who have this quality according to the legal provisions in force, accomplish the statutory criteria and registered themselves in AORR.
(3) Honourably members are leading figures of public life, who unconditionally support from a spiritual, material or financial point of view, the activity of AORR for the achievement of its objectives, and contribute to the increase of its prestige. The AORR Honourably Membership is granted by the Executive Council.
(4) Supportive members can be legal or natural people significantly supporting the AORR, contributing from a material, financial, moral or functional point of view to the achievement of its purpose and objectives, without having the obligation to pay a contribution.
(a) Supportive members are invited to the activities organized by AORR.
(b) The supportive membership is granted by the Executive Council or by the management of territorial subsidiaries.
Art. 9. The AORR membership is granted by the Executive Council or by the management of territorial subsidiaries, based on the registration demand through which the applicant declares to agree with the provisions of the Constitution and with other specific regulations, based on military/reservists cards, and also based on the proof of contribution payment.
Art. 10. (1) The AORR membership can be lost on demand or by exclusion.
(2) The facts that are, directly or indirectly, against Romania’s national interests, and also against the democracy, human universal rights, or that promotes the xenophobia, chauvinism, racism, religious intolerance or extremism of any kind, are incompatible with AORR membership.
(3) There are excluded through a decision of the Executive Council or of the management of territorial subsidiaries, AORR members who:
- Do not comply with the Articles of Incorporation of AORR;
- Are convicted, through a final legal sentence, to custodial measures;
- Do not pay for an year their contribution;
- Materially and morally prejudice AORR;
- Make public statements on AORR’s behalf, without the consent of the management bodies.
(4) In any of the events leading to the loss of membership, such person will give over its member card, declared null, fact that will be registered in the record.
(5) The loss of membership does not suppose the reimbursement of the amounts paid as contribution or as other voluntary contributions (sponsorships, member card etc.).
CHAP. IV RIGHTS AND OBLIGATIONS OF AORR MEMBERS
Art. 11. AORR members have the following rights:
- To elect and to be elected in the management bodies of AORR;
- To participate at the meetings of General Assembly, of territorial subsidiaries and branches, to call into question and to take part at the debate of the AORR matters of general interest;
- To be, periodically or on demand, informed about the activity developed by the management bodies;
- To participate at internal and international activities organized by AORR;
- To participate to activities specific for reserve forces, to publicise the objectives and the results in Romanian and, if applicable, foreign mass media;
- To withdraw from AORR, notifying the Executive Council, or the management bodies of territorial subsidiaries;
- To receive free of charge the materials edited by AORR and to benefit from gratuities or preferential charges at the events organized by the association;
- To recommend the registration of new members.
Art. 12. AORR members have the following obligations:
- To observe the provisions of this Constitution and the resolutions of the management bodies of AORR, and to provide support for the development of association activity;
- To know the status of military staff and of volunteer reservists, to observe and to consistently apply their provisions regarding the reserve military staff and the volunteer reservists;
- To know the Romanian National Defence Strategy, Joint and Single Services’ doctrines and the NATO Strategic Concept;
- To contribute to the consolidation of AORR through an active and pragmatic attitude, through the consistent promotion of its principles established by the Constitution, and also through the integration of new members;
- To act in order to achieve the purpose and objectives of the association and not to involve AORR in any activity, without a mandate from the Executive Council;
- To have concerns and manifestations compatible with the quality of reservist and to prove, under any circumstance, consideration and respect towards the fellows and towards the military staff of Allied Forces;
- Not to develop within AORR or with the occasion of the events organized by it, activities of political propaganda for or against any party or political formation. To suspend themselves from the association in the event in which they candidate for some political parties in order to be elected within central or local structures of state power;
- To participate at the general assemblies and at other activities of AORR;
- To maintain the privacy of the association activities, when this kind of requirements are adopted by the General Assembly or by the Executive Council;
- To pay the established contribution, within stipulated terms.
CHAP. V ORGANIZATION, MANAGEMENT, CONTROL
Art. 13. AORR has the following management and control bodies and organizational structures:
- General Assembly;
- Executive Council;
- Board of statutory auditors;
- Territorial subsidiaries and branches.
Art. 14. The management bodies, as a full, and each of their members, are responsible for the entire activity in front of the General Assembly.
Art.15. The General Assembly is the supreme management body of AORR and includes all its members or the representatives pointed by the AORR subsidiaries and branches, according to the norms established by the Executive Council of AORR.
Art. 16. The General Assembly meets in ordinary and extraordinary session, as follows:
- In ordinary session, usually once a year, and in extraordinary sessions, in order to resolve some important urgent matters, within the competence of the General Assembly;
- The General Assembly shall be jointly convened, in ordinary sessions, at least 15 days before the date established for its development, or, in special situations, in extraordinary sessions, at least 3 days before.
- The General Assembly in ordinary session shall be convened by the Executive Council.
- The General Assembly in extraordinary session shall be convened at the initiative of the Executive Council or at the proposal of a third from the AORR members.
Art. 17. (1) The General Assembly is legally constituted if there are present at least half plus one of the total number of AORR members and/or of pointed representatives.
(2) If, at the first convocation, there is not achieved the statutory number of members, a new convocation shall be made for a date situated between the 7th and 15th day from the date established in the first convocation, when the General Assembly is statutorily constituted, irrespective of the number of present members.
Art. 18. The resolutions of the General Assembly are adopted with the vote of simple majority of present members, except from the event when the Articles of Incorporation are approved and changed, when a majority of at least 2/3 of the number of present members should be obtained.
Art. 19. (1) Each AORR member has the right to one vote only.
(2) The debates and adopted resolutions are registered in a report by a secretary pointed by the Executive Council.
(3) The General Assembly is managed by a president or, if necessary, by the person pointed by the Executive Council.
(4) The unsupported absence of any of the members at two consecutive meetings of the General Assembly entails the loss of the right to be elected in the management bodies and in the work bodies of AORR.
(5) The participants can ask for the introduction on the agenda of some problems, based on a written request, sent to the Executive Council, at least 5 days before the date when the General Assembly meets.
(6) The resolutions taken by the General Assembly, under the legal limits, regarding the Memorandum and Articles of Incorporation, are also mandatory for the members who did not take part at the General Assembly or who voted against.
Art. 20. The responsibilities of the General Assembly are the following:
- Establishing the strategy and general objectives of AORR, and also the annual plan with main activities;
- Approving the statement of revenue and expenditure, the balance sheet and the report of the Board of statutory auditors;
- Electing the AORR president;
- Directly electing based on their functions, the members of the Executive Council and the members of the Board of statutory auditors, according to the number and the composition proposed by the leading Executive Council;
- Revoking the members of the Executive Council and of the Board of statutory auditors;
- Changing the Memorandum and Constitution of AORR;
- Dissolving and liquidating AORR, and also establishing the destination of the assets remained after the liquidation;
- Confirms the affiliation of AORR at a federation or union etc., in the country or abroad;
- Any other responsibilities stipulated by the law or by the Constitution.
Art. 21. At the sessions of the General Assembly can be invited representatives of the Ministry of National Defence and of other structures from the national security system, of institutions in collaboration with AORR, mass-media representatives, and also of other associations.
Art. 22. (1) The Executive Council (CD is the acronym according to the Romanian/French language) of AORR is the executive body for the association management and administration, and it is elected for the period between the ordinary sessions of the General Assembly.
(2) The Executive Council of AORR is constituted of members as of right and elected members.
(3) Members as of right are the presidents of county subsidiaries and branches.
(4) The mandates of the members of the Executive Council can be renewed by the General Assembly.
Art. 23. The Executive Council is composed based on different positions and number of members, both approved by the General Assembly.
Art. 24. The Executive Council has the following responsibilities:
- elaborates and approves the Organization and Operating Regulation (ROF);
- insures the management of AORR activity in order to achieve the resolutions of the General Assembly, according to the provisions of the hereby Articles of Incorporation;
- prepares the sessions of the General Assembly and insures their good development;
- presents to the General Assembly the activity report for the previous period, proposals regarding the number of members and the composition based on the members’ positions of the Executive Council and of the Board of statutory auditors;
- approves the AORR emblem, flag, pennant, certificate, honorary emblem and badge;
- elaborates and present to the General Assembly the execution of the statement of revenue and expenditure for the previous year, the project of the annual plan of activities and the project of the statement of revenue and expenditure for the following year;
- signs legal documents on AORR’s behalf;
- approves the set-up of territorial subsidiaries and branches;
- approves the affiliation to a federation or union etc., in the country or abroad;
- establishes the quantum of annual contribution for AORR members;
- decides the changes of AORR office;
- approves the establishment plan and the staff policy of the AORR structures;
- establishes the staff within AORR which is going to be remunerated, and also its indemnity;
- accepts donations and sponsorships made in AORR’s favour, provided the compliance with the laws in force;
- manages the use of budgetary funds and other incomes, in compliance with the laws in force;
- analyses and approves the broadcasting of taking a stand in public, that involve AORR, within the activities for the support of military people’s rights and dignity;
- establishes and submits proposals for the advancement at the following military rank and for the award of national decorations and military distinctions to some AORR members, who comply with the legal conditions;
- approves the participation at programs and partnerships with similar structures, in the country and abroad;
- accomplishes any other duty established by the General Assembly;
Art. 25. (1) The Executive Council is responsible for its entire activity, in front of the General Assembly.
(2) Each member of the Executive Council is individually responsible for its actions and facts, if the legislation and the received dispositions are infringed.
Art. 26. (1) The Executive Council usually meets monthly and insures the application of the resolutions of General Assembly.
(2) The pointed representatives of territorial subsidiaries and branches, those who represent associate members can be invited to participate at the meetings of the Executive Council, when subjects of their interest are included on the agenda.
Art. 27. (1) The president represents AORR in the relationships with public and private authorities and with other organizations of reserve and retired military staff, in the country or abroad, legally constituted, involving its legal and moral responsibility through its own signature and the AORR stamp.
(2) The president can require the meeting of the Executive Council whenever necessary in order to make some decision that could not bear any deferral.
Art. 28. (1) Financial and material means of the association are managed by an accountant/financial expert, authorized, under the conditions laid down by the law.
(2) The financial control of AORR is insured by a board of statutory auditors elected by the General Assembly, formed of 1-3 people with legal and economic-financial training, having the following duties:
- verifies the way in which AORR patrimony is administrated and draws up reports, and afterwards presents them to the General Assembly;
- informs the Executive Council regarding legal modifications in the field, the situations regarding the non-compliance with legal dispositions, and also regarding the ascertained irregularities as far as it concerns the record of AORR patrimony;
- accomplishes any other responsibility established by the General Assembly;
- the president of the board of statutory auditors participates at the meetings of the Executive Council, without the right to vote;
- the mandate duration of the board of statutory auditors is the period between the ordinary General Assemblies, with the renewal possibility;
- the members of the Executive Council cannot be part of the board of statutory auditors.
Art. 29. (1) Territorial subsidiaries and branches have the role to bring about AORR policies and can be formed of minimum 3 members.
(2) The subsidiary is set up through an authenticated resolution of General Assembly of the association. The legal personality can be obtained at the date of subsidiary’s registration in the Registry of associations and foundations, and upon the issue of the fiscal registration certificate, according to art. 13 (3, 4) of Government Ordinance 24/2000, subsequently modified and integrated.
(3) The subsidiary can constitute its own patrimony, different from the association patrimony.
(4) The branches do not have legal personality and develop their activity according to the competences granted by the Executive Council.
(5) The subsidiaries with more than 3 members are managed by a board of directors and the branches by an executive bureau.
CHAP. VI AORR PATRIMONY
Art. 30. The AORR incomes can emanate from:
- interests and dividends resulted from the placement of available amounts under the conditions laid down by the law;
- donations and sponsorships;
- redirection of 2% from the income tax or pension;
- other incomes foreseen by the law.
Art. 31. The pecuniary resources of AORR are deposited in a bank account.
Art. 32. The expenses are made upon the approval from the Executive Council, within the limits of the amounts stipulated in the budget, based on legal supporting documents, approved by the President of AORR.
Art. 33. The value of the expenses incurred by the members of the management bodies and by the people pointed by them, for the delegation and transport during the travel in AORR interest, and only for the achievement of the proposed goal and objectives, can be reimbursed.
Art. 34. (1) The financial means of AORR are used in order to acquire office furniture, to draw up and to multiply documents, to organize assemblies and activities of AORR, and also of the ones organized within cooperation actions regarding the related aspects, to acquire flower crowns and wreaths on different occasions, for donations, to procure symbolic presents that could be offered to its members on the occasion of some important events from their life, to acquire goods and services for the association needs, and also to pay the CIOR contribution.
(2) In order to support some people in difficulty, the Executive Council can initiate the constitution of some trusts funds, through the members’ voluntary contribution.
CHAP. VII DISSOLUTION AND LIQUIDATION OF THE ASSOCIATION
Art. 35. AORR can be dissolved, under the conditions laid down by the law, through the resolution of the General Assembly, enshrined in a legal resolution.
Art. 36. The dissolution of AORR has the effect of its liquidation under the conditions laid down by the law. The assets remained after the liquidation of AORR will be send to legal person governed by the private or public law, with same or similar purpose.
CHAP. VIII FINAL DISPOSITIONS
Art. 37 AORR has its own stamp, and also its own bank account open in compliance with the law.
Art. 38. The Honorary Emblem of AORR represents the distinction granted to some personalities, institutions, associations and foundations, and also to its members, for their special contribution to the promotion of the objectives of AORR.
Art. 39. The hereby Articles of Incorporation were approved by the General Assembly of AORR on 22nd of March 2017, they are mandatory for all its members, they are valid during the entire functioning period of the association, and their modification or integration shall be carried out only in writing, in compliance with legal regulations.