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The internal regulations of the RLC Regensburg

Important Legal Note!

This is not a legally binding translation. A legally binding version is only available in German.



Table of Contents

Section 1 – The Project
§1 Affiliation and right to give instructions
§2 Activities of the Refugee Law Clinic Regensburg
Section 2 – Collaboration
§3 Membership in the association
Section 3 – Committees
§4 Committees of the project
Subsection 1: The employee meeting
§5 Calling the employee meeting
§6 Subsequent requests for the agenda
§7 Extraordinary meetings
§8 Tasks of the employee meeting
§9 Resolution of the employee meeting
Subsection 2: The Governing Council
§10 The management council
§11 Meetings of the Management Council
§12 The speaker
Subsection 3: The Specialist Council
§13 Establishment of the specialist council
§14 Membership in the specialist council
§15 Tasks and powers of the specialist council
Subsection 4: The Advisory Board
§16 Establishment of the advisory board
Section 4 – Election Procedures and Removal
§17 Election procedure in the employee meeting
§18 Term of office of the management council
§19 Dismissal of the management board
Section 5 – The Finances of RLCR
§20 Financial management
Status of the internal regulations

Section 1 – The Project

§1 Affiliation and right to give instructions
(1) The Refugee Law Clinic Regensburg (RLCR) is a project of the Legal Leverage Platform e.V. (hereinafter “the association”). RLCR's business is that of the association.
(2) The association board can issue instructions to the RLCR for important reasons. In particular, he ensures that the RLCR's advisory activities are within the scope of the association's purpose and the legal regulations, including those on non-profit status.
(3) Otherwise, unless otherwise stated in the association's statutes, the RLCR is free to form its will and act. It shapes its decision-making and working methods in accordance with the principles laid down there. With its activities, the RLCR pursues the goals of the association and promotes its purpose.

§2 Activities of the Refugee Law Clinic Regensburg
(1) In the RLCR, students at the University of Regensburg and other suitable persons advise and support asylum seekers and other refugees free of charge in exercising their rights. You will receive professional support from staff from the Faculty of Law at the University of Regensburg (UR) and from cooperating lawyers. The RLCR can take on further activities within the scope of the association's purpose in agreement with the association's board.
(2) Students, former students, employees and former employees of the UR and Ostbayerische Technische Hochschule (OTH) as well as legal trainees can actively participate in the activities of the RLCR. Other people may be approved by the management board with the approval of the association's board.
(3) The management council, in coordination with the specialist council, regulates the course of a consultation and the duty of care to be observed in consultation regulations.

Section 2 – Collaboration

§3 Membership in the association
(1) Participation in the RLCR is associated with a fee-free, simple membership in the association. It requires a written application to the association's board and the willingness to actively participate in the RLCR's area of activity. In order to ensure the legal requirements and the quality of the operation of the RLCR, it can be made dependent on further requirements. The application can be rejected for capacity reasons or if the conditions for exclusion according to Section 9 of the association's statutes are met.
(2) Otherwise, membership in the association is governed by the provisions of the association's statutes.

Section 3 – Committees

§4 Committees of the project
The project committees are the employee assembly, the management council, the specialist council and optionally the advisory board.

Subsection 1: The employee meeting

§5 Calling the employee meeting
(1) The employee meeting must be convened at least once a year.
(2) The meeting is called in text form by the management board, with a notice period of at least two weeks and the agenda is announced at the same time. The invitation is deemed to have been received by the employee if it is sent to the last home or email address that the employee provided to the association board in text form.

§6 Subsequent requests for the agenda

(1) Every employee can request the management board in writing no later than three days before the day of the employee meeting to have further matters subsequently added to the agenda. The chair of the meeting must amend the agenda accordingly at the beginning of the employee meeting.
(2) The employee assembly decides on applications that are only made at the employee meeting.

§7 Extraordinary meetings

(1) The management board can call an extraordinary employee meeting at any time, taking into account the regulations for calling an employee meeting.
(2) It must be called if there is an important reason for this and a quarter of the employees request this with written reasons.
(3) The regulations regarding the ordinary employee meeting apply accordingly.

§8 Tasks of the employee meeting

(1) The employee meeting is fundamentally responsible for all decisions that have not been delegated to anyone else in accordance with these regulations. It determines the guidelines of the project.
(2) The employee meeting advises and decides in particular

a) the distribution of tasks within the project, as long as it is not laid down in these regulations or in the association's statutes,
b) Changes to these regulations and
c) the election and dismissal of the members of the management council.

§9 Resolution of the employee meeting

(1) The employee meeting is chaired by a member of the management council. If none of them are present, the assembly elects a leader by a simple majority.
(2) The chair of the meeting maintains the order of the meeting. To do this, he can prevent employees from speaking and exclude individual employees from the meeting if they have grossly or repeatedly disrupted the meeting. If an employee is excluded, he or she is not allowed to take part in votes and must leave the meeting immediately. Such decisions can be brought about by the employee meeting.
(3) The employee meeting is not public. The chair of the meeting can admit guests, if necessary also with regard to selected agenda items.
(4) Minutes must be kept of the employee meeting. This is led by a secretary appointed at the beginning of the meeting. It should contain the following statements:

a) Place and time of the meeting,
b) the person chairing the meeting and the secretary,
c) the number of employees present,
d) the agenda and
e) the individual voting results and the type of voting.

The minutes must then be signed by the chairman of the meeting and the secretary.

(5) Every employee meeting called in accordance with the statutes is considered to have a quorum, regardless of the number of employees present. Every employee has one vote.
(6) Voting is chaired by the chair of the meeting. They are done by hand signals.
(7) The employee meeting passes its resolutions with a simple majority of the votes cast. In the event of a tie, an application is considered rejected. Changes to these regulations require a majority of two thirds of the votes cast.

Subsection 2: The Management Council

§10 The management council
(1) The management council consists of three to five members.

(2) The management council is responsible for managing the day-to-day business of the RLCR. He can transfer day-to-day administration tasks individually or permanently to one or more people by resolution.
(3) In order to fulfill their duties, the members of the management board have the right to information from all RLCR employees. You also have the right to be present at the meetings of the specialist council and the advisory board. For this purpose, the meeting dates must be communicated to the management board in text form.

§11 Meetings of the Management Council

(1) The call to meetings of the Management Council is made by a member by announcing the meeting to the other Management Council members and other persons entitled to attend.
(2) The management council makes its decisions with a simple majority. Abstention is not permitted. The resolutions passed must be recorded in writing and signed by the management board.
(3) Decisions of the management council can also be made using means of remote communication. Resolutions made in this way must be put down in writing immediately and signed by the members of the management council.
(4) Meetings of the management council must be recorded in accordance with Section 9.

§12 The speaker
(1) The management council elects a speaker and his deputy from among its members. The election and its results must be recorded by the secretary.

(2) The spokesman for the RLCR regularly reports to the association's board about the activities of the RLCR and takes part in its meetings in an advisory capacity. If he is unable to attend, he will be represented by his deputy.

Subsection 3: The Specialist Council

§13 Establishment of the specialist council
(1) The RLCR forms a specialist council.
(2) The specialist council includes at least one fully qualified lawyer and other people who are professionally qualified to guide the activities. The majority of the specialist council members must have successfully passed at least one state law examination. §3 is to be applied accordingly.
(3) The specialist council elects a speaker and his deputy from among its members. The spokesperson is the contact person for technical questions from the management board. If he is unable to attend, he will be represented by his deputy. §18 paragraph 1 and paragraph 2 apply accordingly.
(4) Furthermore, §11 applies accordingly to the internal organization of the specialist council.

§14 Membership in the specialist council
(1) Employees can be appointed to the specialist council at any time upon request. The application can be submitted informally. The management board decides on the application and responds to the employee in text form. §3 Paragraph 1 Sentence 4 applies accordingly. The decision must be reported to the board and the speaker of the specialist council.
(2) Membership in the specialist council ends with membership in the association. The regulations of the association's statutes apply to this. Specialist councils can also terminate their activities at any time by notifying the management board in text form.

§15 Tasks and powers of the specialist council
(1) The specialist council has the task of accompanying the advisory activities of the RLCR and providing professional support to its employees, in particular by guiding the selection of suitable cases and individual advisory activities.
(2) The specialist council ensures compliance with the advisory regulations. For this purpose, the members of the expert council qualified in accordance with Section 13 Paragraph 2 Sentence 1 and 2 have the right to information and to give instructions to the RLCR advisors.
(3) He can influence the management board and the employee meeting through technical statements and recommendations.

Subsection 4: The Advisory Board

§16 Establishment of the advisory board
The RLCR can form an advisory board. The RLCR can regulate its composition and tasks in its own regulations.

Section 4 – Election Procedures and Removal

§17 Election procedure in the employee meeting
(1) The chairman of the meeting appoints a returning officer. This person may not be a member of the management board.
(2) The returning officer monitors the order of the election. In particular, he has to accept election proposals and monitor the casting and counting of votes.
(3) The election of the management council is carried out in writing and secretly. All RLCR employees who attend the meeting are entitled to vote actively and passively.
(4) The election of the five members of the Management Council takes place in one round of voting in which each employee may cast up to five votes, whereby cumulating votes for one candidate is not permitted and invalidates the ballot paper. The five candidates who receive the most votes are elected.
(5) The person of the returning officer, the election and its results must be recorded by the secretary.

§18 Term of office of the management council
(1) The term of office of the management council lasts one year from the day of the election. The current members of the Management Council remain in office after their term of office has expired until successors have been effectively elected.
(2) The re-election of members of the management council is possible.
(3) If a member of the management board leaves during the term of office, the management council is unanimously supplemented by a replacement member from the ranks of the employees for the remaining term of office of the person who has left.

§19 Dismissal of the management board
The individual members of the management council can be removed by the employee meeting at any time if they have grossly breached their duties or are no longer able to carry out proper management. A corresponding resolution of three quarters of the votes cast is required for dismissal.

Section 5 – The Finances of RLCR

§20 Financial management
(1) The management board is responsible for managing the financial resources that the RLCR receives from the association and are intended to promote its activities (= budget). The association's auditor must be provided with the documents necessary to carry out his or her duties.
(2) The employees and members of the committees can request reimbursement from the RLCR for the expenses necessary for their work within the budget.
(3) Otherwise, Section 5 of the association's statutes applies.

Status of the internal regulations

The above regulations were adopted at the first employee meeting on December 14, 2015.
Last changed by resolution at the 2nd employee meeting on December 19, 2016.

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