CONSTITUTION AND AIMS
1. The non-profitmaking
social organisation (ONLUS) known as “Ecospirituality Foundation“ is
hereby formed in order to promote and
spread the principles of ecospirituality, as laid down in the Manifesto of Aims
attached hereto as an integrating part of this Statute.
The said Manifesto
establishes the concept of ecospirituality as the realisation of a relationship
of harmony between an individual and the environment on the basis of personal
2. The Foundation stands for
the defence of civil rights and the protection of the various cultural
heritages of native, or natural peoples and ethnic minorities around the world,
in so far as they may be able to make a contribution to the experiential and
spiritual heritage of the whole of Humanity.
The Foundation aims to
improve understanding of the art, culture and experience of natural peoples to
demonstrate the philosophical, social and historical values they represent.
3. The Foundation may work
with any national and/or international Institution in order to pursue the aims
of its activity. On this matter we would like to underline the Foundation’s
participation in the works of the United Nations Human Rights Commission in Geneva,
on the subject of the indigenous populations’ rights. On that occasion the
Foundation presented the case of Mount Graham, the sacred mountain to Arizona
Apaches, during the sessions of the “Working Group on Indigenous Populations” held in 2002, 22 to 26 July and 2003, 21 to
4. To this end the
Foundation promotes exhibitions, debates, lectures, petitions and gathering of
signatures as those already organized which are mentioned below:
Mount Graham” initiative in May/June 2001. On that occasion the American
representatives of the Apache Survival Coalition, Ola Cassadore and Mike Davis, Apaches from the Apache San
Carlos tribe, were received:
in Piedmont: by the Deputy
Mayor of Turin, Mauro Calgaro, by the Councillor for Parks and Open Spaces of
Turin, Roberto Tricarico, by the Mayor of Collegno, Umberto d’Ottavio, by the
Chairman of the Regional Council of Piedmont, Roberto Cota, by Piedmont Region
Councillors Pino Chiazzi and Mario Contu, by the Mayor of Venaria Giuseppe
Catania, by Turin Province Councillor for Social Solidarity Maria Pia Brunato,
by the Councillor for Productive Activities Antonio Buzzigoli;
In Latium: by the Chairman
of Italian Communists Marco Rizzo and Senator Luigi Marino at the House of
Commons, by CGIL (General Federation of Italian Trade
Unions) General Secretary Sergio Cofferati, by CGIL International Department
Coordinator Giacomo Barbieri at the CGIL Head
Office Conference Room; by Minister Vinci-Gigliucci, deputy of Minister Claudio
Moreno of the Foreign Office, Human Rights Coordination Office, at the Farnesina Palace;
by Rome Province Chairman Silvano Moffa, at the Valentini Palace Conference
Room; by Green Party Chairman Grazia Francescato at the Green Federation Head
Office; by Amnesty International Italian Director Paola Cutaia at the Amnesty
International Italian Head Office;
of breaches of the Mount Graham case and evidence of the historical role played
by Natural Peoples through the book “Natural Peoples and Ecospirituality”,
written by Giancarlo Barbadoro and Rosalba Nattero in cooperation with Ola
Cassadore, leader of the Apache Survival Coalition. This book has been
presented to the Geneva UN Human Rights Commission of the Indigenous Peoples,
receiving the encouragement of the United Nations by Julian Burger of the
United Nations High Commissioner for Human Rights; the proceeds from the sales
of the above mentioned book have been assigned to the Apache Survival Coalition
for the defence of Mount Graham;
of the book “Natural Peoples and Ecospirituality” :
29 April 2004 at the Great Hall of Asti University Pole “Studi Superiori di
16 April 2003 at the Sala Marmi – Palazzo Cisterna of Turin;
10 December 2002 at the Capitol – Sala del Carroccio of Rome;
February 2002 at the Terrazza sul Fiume of Turin;
the Book Fair, year 2002 at the Lingotto Exhibition Centre of Turin;
22 February 2002 at the Squash Point Gym of Turin;
18 February and 26 February 2002 at the Rosa Luxemburg Commercial School of
20 April to 4 May 2002 at the Hall of Psychiatric Clinic of the Molinette
Hospital of Turin with a seminar on the item “Natural Peoples and
2003 the book was presented by the Province of Turin to all School Managers for
its diffusion to schools;
2003 the book has been chosen by the libraries of Turin.
2. OTHER INSTRUMENTAL
OR COLLATERAL ACTIVITIES
The Foundation promotes ideas aimed at making a contribution towards peace in
The Foundation proposes the study of ancient traditions as a way of recognising
and preserving a link to the cultural roots of Humanity, which may provide a sense of continuity and a
source of universal values for every individual. The Foundation aims to develop
research into and the preservation of the heritage of ancient traditional art
and music. The Foundation aims to carry out research into the establishment of
a historical memory of folk knowledge, to save it from the risk of being
The Foundation aims to devote special attention to the care, appreciation and
promotion of the cultural, artistic and historical heritage of the Celtic
peoples in all aspects of its music, history and philosophy.
The Foundation stands for the right of every individual to have access to
knowledge by any definition whatsoever as well as unrestricted use of any
suitable means of gaining such access, together with the right to exercise
personal freedom of creativity and expression and to enjoy an inner
relationship with the meaning of existence.
The Foundation recognises the experience of meditation as a personal
educational laboratory, where any individual can develop self-knowledge and
understanding of the environment unhindered by ideological or dogmatic
The Foundation considers it worthwhile paying attention to any possible
signs of other intelligent life forms, however they may be interpreted outside
of the human race, together with any ethical, social or cultural implications
they may have.
The Foundation aims to work towards the protection and improvement of nature
and the environment. To this end it shall undertake projects promoting respect
for nature, respect for animals and protection and improvement of the
The Foundation proposes study and research, through the topics of interest to
avantgarde science, into areas of natural phenomena that can aid understanding
of the nature of the existence in which the individual lives and into areas of
human relations that can aid understanding and improvement of the human
9. The Foundation aims to
carry out projects involving travel for experience and discovery and proposes
the study and diffusion of languages and culture, in order to facilitate a
mutual exchange of experience among peoples leading towards a global or
10. The Foundation believes that, by becoming
involved in teaching how to use multimedia tools and information technology, it
can assist in them being more widely used and thus lead to easier communications and exchanges of
experience among peoples.
11. The Foundation believes
in directly organising events promoting art and culture, to bring individuals
into direct contact with a creative experience. In pursuance of this belief, it
may organise events such as concerts, exhibitions, theatrical shows, lectures,
courses and conferences with relevance to its statutory aims.
12. The Foundation does not
pursue any party, confessional or profit-making purposes, but pursues
exclusively purposes of a socially useful nature and carries out its activities
on a pluralistic, voluntary and democratic basis.
13. The Foundation may
organise various kinds of public events and run projects based on publishing,
multi-media or information technology resources to make itself known to the
public and enable free access to its activities.
14. The Foundation, in
pursuance of its social aims as set out in this Statute, may carry out any
financial operations, involving movable or immovable property, that it may
PREMISES AND OFFICIAL SYMBOL
1. The Foundation has its
premises in Piazza Statuto15, Torino, Italy.
Foundation provides for the establishment of decentralised premises operating
with respect for and in pursuance of the provisions of this Statute.
3. The Foundation uses the
design reproduced below as its official symbol:
1. The Foundation promotes
cultural, research and social activities that are consistent with the content
of Chapter1, article 1.
Foundation promotes activities supporting and cooperating with native peoples,
i.e. natural peoples, all over the world.
3. The Foundation
promotes initiatives for bringing together the cultures of the natural peoples of the whole planet.
5. ORGANIZATIONAL STRUCTURE
1. An organisational
structure has been established for the operations of the Foundation comprising
a. A Traditional College
I. This is formed by the
Traditional Guides appointed by the Traditional Communities which take part in
the Foundation, having been recognised and nominated as such by the Council.
II. The purpose of the
Traditional College is to act as the spiritual soul of the Foundation, as
inspiration and guardian of the spirit of the Foundation itself, according to
the principles laid down in the Manifesto of Aims.
III. The Traditional College
has no particular prerogative nor right to vote or intervene in the work of the
Foundation, except as specifically provided for by the present Statute.
IV. The Traditional College
has the authority to submit to the Council:
1. possible ideas for new areas of activity ;
2. possible censure motions concerning the activity of the Foundation or
I. The Council is the
international body which expresses, on a planetary level, the Foundation’s
general principles and activities.
II. The Council is the
management board of the Foundation and is composed of Founder Members, which the
Council itself retains the authority to appoint, and of Members elected by the
Members’ Assembly from among its own Members.
III. The duties of the
1. to carryout the assembly’s resolutions;
2. to formulate the programs on the basis of the assembly’s approved
3. to agree budgets and balance sheets;
4. to consider the admission of new members;
5. to consider any requests from the
6. to stipulate all contracts and deeds relevant to the activity of the organisation;
7. to take care of all the real estates and assets owned by the
Foundation, or entrusted to it;
8. to decide ways and means of taking part in the Foundation or
activities organised by other associations and organisations, and
vice-versa, provided they are compatible with the inspiring principles of this
IV. The Council
elects, from among its members:
1. a management board made up, to
respect the principles of democratic delegation of the management of the
Ecospirituality Foundation's affairs and to satisfy the need for subdivision
into local functional areas, as follows:
A Chairperson, who is
the Foundation’s legal Representative and is responsible for all its
A Vice-Chairperson, who may take over the
duties of the Chair-person if he is unavailable.
If necessary, a Co-Chairperson, who assists
the Chairperson with identical statutory duties.
2. A Secretary, who takes care of all
administrative affairs of the Foundation, draws up the minutes of the council
meetings, Members' Assemblies and Executive Committee and signs them with
the Chairperson; the Secretary coordinates the work of the Chairperson in
carrying out the ordinary and extraordinary management; the Secretary is
responsible for keeping the books of the Foundation (the minutes of assemblies
and other books relevant to the Foundation).
3. A Treasurer, who manages the Foundation funds
with an appropriate system on bookkeeping, checks the accounts are kept in
order and prepares the balance sheets and budgets.
V. The Management Board does not have
any decision-making authority in the Foundation's activities, but is
limited to the role of statutory guardian and co-ordinator of the bodies under
VI. The Management Board's function is
to represent the Foundation in its relations with third parties and, if it
so considers, to carry out ordinary administration relevant to its own
responsibilities, as well as summoning and chairing the Members' Assembly and
any Ordinary Council meeting.
VII. The Management Board may delegate
representation of the Foundation to other
persons, including persons not belonging to the Foundation, on a special
motion of the Council.
VIII. The Management Board summons and chairs
the Members' Assembly and the Council and ensures that they are functioning
IX. The Management Board
has the right of veto over the deliberations of the Foundation's bodies,
wherever these may be considered contrary to the spirit and the interests
expressed in this Statute.
X. The ordinary administration of the
Foundation is entrusted to the Management Board; in exceptional cases of
necessity and/or urgency the Board may carry out operations of extraordinary
administration subject to ratification of such operations by the Council.
XI. The offices elected within the ambit of
the Council’s activities are for a five year term and may be re-elected or
re-confirmed by the Council itself.
XII. The Council
appoints bodies which enable it to function and which aid the activity of the
Foundation, as follows:
1. a Secretary, responsible for supporting
the Council’s activity.
2. a Library, responsible for collecting
documentary material relevant to ecospirituality.
3. an Administration, responsible for
managing the Foundation’s properties.
4. any number of Working Groups required to
fulfil the needs of the Council’s programmes.
XIII. The Council may also allocate to
its subordinate bodies other duties fulfilling particular requirements of the
Foundation’s activity, not foreseen by this Statute but necessary for the
effective operation of the Council itself.
XIV. For executive or consultation tasks
relating to its work, the Council may make use of working committees appointed
by itself, as well as the voluntary activity of non-member persons with
relevant skills who can help on
XV. The Council may make its own executive
deliberations in any particular case and may purchase
whatever may be required for the effective running of any of the Foundation's
bodies provided for in this Statute. In the event of the Foundation being
dissolved, the Traditional Communities shall determine the destination of
whatever may have been
XVI. Ordinary meetings of
the Council take place every six months and an extraordinary meeting may be
called by request of at least three quarters of its members or by special
request of the Chairperson.
c. Traditional Communities
I. These are recognised as
the unlimited number of traditional communities which may adhere to the
II. They perform an
executive role in carrying out the results of the deliberations of the Council.
III. Each of them is
self-ruling and autonomous, notwithstanding compliance with this Statute, and
is responsible for the management of any specific properties that are owned by
it already or may be granted to it by the Council.
d. A Members’ Assembly
I. This assembles all the
members of the Foundation to enable examination and ratification of the reports
of the Foundation’s overall activity, as well as to allow said members to
present their ideas and suggest new areas of activity for the Foundation.
II. An ordinary meeting of
this Assembly is called by the Management Board once a year and an
extraordinary meeting may be called by the Council and by the Management Board
itself in cases of absolute necessity and urgency for consultation. Meetings
must be called by means of registered letter, communicating the time and place
of the meeting, sent with at least ten days prior notice.
III. All members are
eligible to participate.
IV. The Assembly is chaired
by the Chairperson of the Council, when available, or the Co-Chairperson or
then the Vice-Chairperson. Should none of the aforementioned be available, the
Assembly shall be chaired by any member chosen by those present.
V. The ordinary Member’s
Assembly deliberates on the following matters:
approving the budgets and balance sheets;
approving the guidelines to the programme of activity;
suggesting new guidelines to the programme of activity;
electing the executive bodies by secret ballot among nominated members to a
number not exceeding the personnel requirements of each body. In the event of
parity of votes for candidates contesting the last remaining post on a body,
the candidate who has been registered longest as an Foundation member shall be
establishing a College of Auditors and nominating the members who shall take
part in it;
nominating an Arbitration Panel and the members who shall take part in it;
deciding the destination of any positive returns from the carrying on of the
Foundation’s own activities and the establishment of funds and reserve funds;
any necessary changes to the Statute;
if so required, the dissolution and winding-up of the Foundation, with
subsequent allocation of its assets.
VI. The College of
Auditors shall be composed of five members: three full members and two
reserves. The main task of the Auditors is to ensure that the Foundation’s
accounts are kept in order and to give their opinion on the balance sheet.
each statutory Body, ordinary voting is valid if three-quarters of the
participants in the respective body are present or represented, at the first or
second call. Each Member has the right to one vote. Proxy votes are admissible.
shall be by raising of hands. It may take place by secret ballot in special
circum-stances when requested by three-quarters of Members present with voting
rights and have executive effect with the mandate of three-quarters of the
votes in the session.
Majority decisions should not be clearly
detrimental to the interests of the minority and should be taken in
consideration for the needs of the latter, with respect for the spirit and aims
of this Statute.
3. Each Body foreseen by
the present Statute may decide new functions internally and draft its own
internal regulations to simplify its work and the tasks foreseen for it by this
6. MEMBERSHIP PROCEDURES
can join the activities of the Ecospirituality Foundation provided they intend
to contribute to its statutory aims and support the spirit of the Foundation’s
activity, whether they be physical persons, legal entities, associations,
organisations or Traditional Communities, represented by a fairly elected
figurehead and free to act regardless of any distinction of gender, age, race
or ethnic group, social standing, way of thinking, sexual tendencies,
appearance, physical condition, culture, religion or belonging to a particular
Physical persons can join the Ecospirituality Foundation by direct application
either to one of the Traditional Communities or through the official
representatives of the said Foundation.
prospective member shall, having first read this Statute, fill out and present
an official admission form to the Council, which, being permanently invested
with the right to do so, shall evaluate the suitability of the prospective
member in accordance with the principles of this Statute before accepting the
The criteria used by the Council in evaluating membership suitability are based
on precise considerations, to ensure smooth operation of the Foundation’s
of pending or previous legal convictions;
enjoyment of civil rights;
to respect social conventions in a civil manner;
age limit of 18 years. Minors under the age of 18 may participate in the
activity of the Foundation as members provided they have the permission of
should be no ideological conflict with the principles and the spirit of the
intentions embodied by the Foundation;
f. conduct tending to counter or undermine the democratic and
of the Foundation is not
g. the purpose of membership should not be other than what is
declared and implied
by the proposals and the
spirit of this Statute;
should be no perceivable intention, neither direct nor reasonably deducible, to
harm the activity of the Foundation.
4. Four types of membership
a) Founding Member. These are nominated as such by the Council to
acknowledge their specific competence in the experience of ecospirituality and
special allegiance to the spirit and the principles expressed in the present
Statute and the Manifesto of aims. Those who founded the Foundation hold this
status and anyone demonstrating sufficient experiential merit to emulate them
in pursuing the same
principles and Statutory aims may be conferred with equal status,
notwithstanding the interim passage of time. This is to ensure the principle of
an enduring founding aim, which belongs to a cosmic dimension and cannot belong
to any particular chronological dimension.
Member. Membership available to anyone who intends to contribute actively to
the work of the Ecospirituality Foundation by taking part in the activities of
the Traditional Communities. These members play a particular role in
establishing and safeguarding the Bodies required under the provisions of this
Member. Membership available to anyone who wants to make a simple personal
contribution to demonstrate support for the activity of the Ecospirituality
Foundation. This is also open to anyone who, for special reasons, cannot adhere
to or constitute a Traditional Community.
Member. Members nominated as such by the Council in acknowledgement of special
benevolence demonstrated towards the activity of the Ecospirituality Foundation
or moral allegiance to its statutory principles.
5. All Members are required
to safeguard and support the activity and public image of the Foundation, as
well as taking part in the study, research and divulgation activities promoted
by this Statute, to the best of their ability.
6. All Members are required
to conduct their activities as members personally, spontaneously and
voluntarily, without creating profit-making motivations.
7. All Members are required
to demonstrate solidarity in their behaviour towards other members and outside
the Foundation and act with honesty, good faith and correctness.
8. No Member may make use of
membership status for purposes outside the spirit of this Statute or make
ideological and/or commercial propaganda within the Foundation’s activities
that may conflict or interfere with those activities.
9. Each Member is bound to
observe the provisions of this Statute and to carry out the deliberations
promulgated by the statutory Bodies in tune with the spirit and the wording of
10. Adherence to a
membership agreement implies familiarity on the part of each Member with this
Statute, which is available from all the representatives or premises of the
Foundation, and acceptance of all the provisions of the said Statute.
11. Membership is valid for
an unlimited period of time. Membership of the Foundation may, however, be
cancelled under certain conditions:
a. in the case of death of the member;
b. in the case of a Member’s decision to cancel;
c. in the case of failure to observe the
provisions of this Statute;
d. in the case of failure to fulfil statutory
tasks and principles;
e. in the case of moral, material
or financial harm actually caused to the
activity of the Foundation, or
where there is good reason to believe a Member may be likely to cause moral,
material or financial harm to the Foundation;
in the case of immediate deliberation of the
Council or the Traditional Communities, where a member proves to have made a
false declaration regarding suitability for membership. In this case, the
expulsion has immediate effect on notification of the decision justifying the
12. Where there is
failure to fulfil the provisions of this Statute the Council has the right to
debate and apply disciplinary measures against offending Members. The following
disciplinary measures are envisaged, depending on the nature of the failure to
fulfil the provisions of this Statute:
simple verbal or written warning;
from any posts occupied within the Foundation;
suspension, for a fixed period from work within the Foundation;
from the Foundation.
13. Each Member receives a
membership card as evidence of belonging to the Ecospirituality Foundation and
observing its membership regulations, together with a copy of the present
Statute providing full information about the goals and procedures of the said
Foundation. The membership card is stamped annually as evidence of payment of
14. The Foundation envisages
a single annual payment of membership dues, for an amount established by the
Council. Honorary members are exempt from payment as is anyone who can display
a valid reason for not being able to pay.
15. Any Member may stand for
election to any post available within the Foundation and make suggestions about
work to be undertaken. In both cases application should be made directly, in
writing, to the Council.
16. Members accept all the
premises of the Foundation as a registered office, where they may refer to any
communications, calls for meetings and other documents relevant to the
activities of the organisation, without the need for further communications,
unless decided otherwise by the Council.
ASSETS AND INCOME, BALANCE-SHEETS,
SAFEGUARDS, CHANGES TO THE STATUTE
AND WINDING UP OF THE FOUNDATION
1. The Foundation’s Assets.
a. The assets of the Ecospirituality Foundation consist of intellectual
and spiritual assets as well as financial assets.
The intellectual and spiritual assets of the Foundation are considered to be the
sum of knowledge and experience accumulated within the Bodies envisaged and set
up by the Ecospirituality Foundation as part of its activity.
These assets are safeguarded, managed and nurtured by the Council as its
c. The use of these assets is permitted by all the Bodies officially
recognised by the Council and operating officially and in accordance with the
provisions of this Statute and with the procedures laid down by the Council
The financial assets of the Foundation are considered as the total figure
expressly entrusted to the economic management of the Council. These assets are
represented by the sum of: the membership contributions; movable and immovable
properties that have been acquired; donations received; the reserve fund; and
any proceeds from activities promoted by the Ecospirituality Foundation. These
assets are entrusted to and managed by the Council, under its inalienable
responsibility, in accordance with the needs of the Ecospirituality Foundation
in pursuance of its statutory activity.
funds left over after covering the ordinary expenses of the Foundation shall be
allocated to extraordinary expenses, including possible donations of a
philanthropical nature to cases of genuine need, regardless of membership of
the Foundation itself.
economic assets are exclusive property available solely for the activities of
the Ecospirituality Foundation and may not be sold to third parties.
d. The financial assets concern only property received through
donations or purchased in the name of
The Foundation’s income, which
provides its assets, may derive from:
made by all subjects adhering to the Foundation;
monies generated by the Foundation’s assets
under the management of the Council;
any proceeds from activities carried out
under the promotion of the Council.
Property owned or purchased by
the Traditional Communities remains absolutely their own responsibility.
The Foundation, in pursuance of its own aims as an organisation and in as much
as it complies with its principles, may undertake any operations involving
movable property, immovable property or other financial affairs it may consider
f. Members who withdraw, are expelled or in any other way cease to belong
to the Ecospirituality Foundation have no right to claim for reimbursement of
contributions paid nor any other right to claim against the assets of the
g. The minimum amount of dues to be paid on joining the Foundation is
fixed annually by the Council. There are no particular regulations or
restrictions concerning any other contributions Members may wish to make during
the course of their membership of the Foundation, any such contributions being
considered as payments without security.
h. Members who withdraw, are expelled or in any other way cease to belong
to the Ecospirituality Foundation have no right to repeat contributions paid
nor any other right to claim against the assets of the Foundation.
2. Balance sheets.
The final balance
sheet covers the organisation’s financial operations under the management of the Council from January 1st to December 31st of each
year. A separate balance-sheet shall be drawn up for each operation and a
budget shall be prepared when necessary.
The Council shall be summoned by the 30 th September of each year for drafting the budget
and shall present it by the 31st December for approval by the
Members’ Assembly as required. Preparation of the final balance for the
previous year shall be carried out by the Council, which must present it for
approval by the Members’ Assembly by the 30th April.
Balance-sheets shall be kept at the headquarters of the Foundation for
15 days after their approval, during which time they shall be made available to
anyone who has a good reason for consulting them.
d. The annual balance-sheet
envisages allocation of residual assets as follows:
10% to the reserve fund;
II. the remainder available for new activities or purchase of equipment.
Any profits or surplus created by the management must be re-utilised for the
purposes of the Foundation’s activities, as envisaged by this Statute, and may,
under no circumstances, be shared out among Members belonging to the
Foundation, unless such sharing out be imposed by law or be carried out in
favour of other non-profit making social organisations belonging to the same
structure, in compliance with the provisions of letter d. comma 1 of D. Lgs. 4th
December 1997 n. 460.
a. Each Traditional Community is responsible in the first instance for
its own internal problems; disciplinary matters may be referred to the Council
by the parties involved. The Council is responsible for matters of a general
nature concerning the Foundation and, in second instance for matters concerning
the activity of the Traditional Communities.
Members who, for special reasons, are not members of any Traditional Community
may appeal to the Council or be called for judgement by the Council, in single
According to the gravity of the failure to comply with this Statute, the
disciplinary measures envisaged by this Statute are applicable.
d. Any Member who has been subjected to disciplinary action and disagrees
with the decision of the Council may appeal to an Arbitration Panel and ask for
the revocation or modification of the decision.
4. Changes to the
Any decision to make changes to the Statute shall be taken into consideration on a
justified proposal by the Council and passed in the Members’ Assembly on a
unanimous vote with a quorum of at least three-quarters of Members with voting
5. Winding-up of the Foundation
The Foundation has no time limits. It may
be wound up on a justified proposal of the Council with a decision taken
by the Members’ Assembly on a unanimous vote with a quorum of at least
four-fifths of Members with voting rights, for any of the following
if all Members agree
if there should be no
for any other reasons
that shall be inserted into this Statute during the life of the Foundation.
b. In the
case of its being wound up the Foundation shall pass all its assets to other
non-profit making social organisations or organisations offering a service to
the public, in accordance with the control body’s article 3, comma 190 of the
Law of 23rd December 1996 no.662, unless other destinations should
be legally imposed.
6. The Arbitration Panel
event of a dispute arising from facts concerning the activities of the
Ecospirituality Foundation where the decision of the responsible Bodies as
provided under the Statutory Safeguards is not acceptable to the parties to
said dispute, a final, binding, decision shall be given by an Arbitration
Panel, in accordance with the regulations laid down by the Civil Law, Articles
806 to 831.The Arbitration Panel will be formed by one member nominated by each
party to the dispute and one member, nominated by the relevant Statutory
Safeguard Body, who becomes the natural Chairperson of the Panel.
member may contest the nomination of the member proposed by the Statutory Safeguard Body, which must
then propose a second nomination and, in the event of this second nomination
also being unacceptable, a third nomination. Should none of the three nominated
members be acceptable, the parties involved may appeal to the ordinary Judicial
Authority. If the parties to the dispute accept the member nominated by the
Statutory Safeguard Bodies, the decision adopted by the Arbitration Panel will
be valid and binding as such. All the members of the Arbitration Panel must be
chosen from among the members of the Ecospirituality Foundation.
matters unforeseen by the Statute shall be resolved by the Members’ Assembly in
accordance with the civil law in force.