by-Laws of the IALS

BY-LAWS GOVERNING THE METHOD OF ELECTING MEMBERS OF THE INTERNATIONAL COMMITTEE OF COMPARATIVE
LAW (1)

Art. 1.

At the beginning of the year in which there is to be a general election of the International Committee, the Secretary-General of the Association invites each National Committee to send to him before 10 March the name of a candidate for election to the Committee (art. 13 para. 2 of the Statutes).

Art. 2.

The Secretary-General draws up a list of the candidates proposed by the National Committees and sends it to the members of the Council. The list must contain, in addition to the names of the candidates in alphabetical order, the nationality of each candidate as well as an indication of the National Committee by which he has been proposed.

At the same time the Secretary-General addresses to each member of the Council a ballot and an envelope.

Art. 3.

The members of the Council vote by post. Their votes must be addressed to the Secretary-General before 21 May in a double envelope.

Each member of the Council inserts on his ballot in order of preference at most nine of the names appearing in the list sent to him by the Secretary-General (art. 2). He places the ballot, otherwise unmarked, in the envelope which has been addressed to him for that purpose; the envelope must be sealed and must be plain. The voter inserts the envelope containing the ballot in another envelope and addresses the latter to the Secretary-General with an accompanying letter signed by him.

Art. 4.

The counting of the votes takes place between 1 and 16 June at the seat of the General Secretariat, in the presence of the Secretary-General and at least one member of the International Committee. Each member of the International Committee has the right to attend or to be represented at the count. For this purpose he must make his decision known to the Secretary-General before 21 May and in the latter case indicate to him the name and address of his representative. Notices are issued by the Secretary-General eight days before the date fixed for the count.

Art. 5.

A ballot containing anything other than the names of candidates (art. 3) is invalid.

A ballot containing more than nine names is valid as to the first nine names; it is invalid as regards the other names which it contains.

A ballot containing the names of two or more candidates of the same nationality is valid as to the vote cast in favour of the first of those candidates and invalid as regards the other candidates of the same nationality; it is valid as to candidates of other nationalities.

A ballot paper containing fewer than nine names is valid.

A ballot paper containing names which do not appear on the list of candidates made up by the Secretary-General (art. 2) is invalid as to the vote cast in favour of candidates which do not appear on that list; it is valid as regards other names which it contains.

Art. 6.

A record of the count is signed by the Secretary-General and the member or members of the International Committee attending it. It is submitted to the International Committee, which declares elected the nine candidates who have obtained the largest number of votes.

If for the last vacant seats a greater number of candidates than the seats still to be filled have obtained the same number of votes, the Secretary-General shall conduct a second vote limited to those seats and those candidates. The provisions of article 2-6 shall be applied with the exception of those relating to time limits.

Art. 7.

If one or more seats become vacant during the period of office of the International Committee, a partial election limited to those seats shall take place if the President of the Association so decides.

The ballot (art. 3 and 5) must contain only the number of names corresponding to the number of seats to be filled. Otherwise the provisions of the foregoing articles shall be applied with the exception of those relating to time limits.