The Constitution

Article I: General

1. The European Circuit (Athe Circuit@) is an organisation of lawyers, including those in employment, practising principally as:
   • Members of the Bar of England and Wales who ordinarily practise within the Circuit territory
   • Members of other bars which have their principal establishment in the Circuit territory
2. The object of the European Circuit is to promote the highest professional standards of competence and integrity in those barristers practising European law both in England and Wales and elsewhere, as well as other lawyers practising in Circuit territory countries, both in their own countries of origin and in other countries.
3. For the purposes of this constitution the Circuit territory shall cover the geographical jurisdiction of the European Court of Justice and the European Court of Human Rights.
4. Membership of the European Circuit shall not be incompatible with membership of any other circuit or like organisation, but any regulatory disciplinary or other functions delegated to circuits shall be the province of the circuit more closely related to the subject matter.

Article II: Membership of the European Circuit

1. Membership of Circuit shall be open to those defined under Article I.
2. An Applicant for membership:
   • shall provide such information about himself/herself as the Secretary of Circuit may reasonably require and in particular shall sign a declaration to be bound by the constitution of the European Circuit so long as he/she remains a member of it and to pay such subscriptions, being ,25 or such other amount as may be determined by the Executive Committee, the above-mentioned figure being lowered to ,5 or such other amount as may be determined by the Executive Committee for those members in their first 3 years of practice. The said subscription sums are to be paid by Bankers Order other than those on reduced rates. Members shall also be liable for any other dues as from time to time may be required by Circuit;
   • shall complete such documentation in respect of payment of Circuit subscriptions and insurance premiums as the Treasurer of the Circuit may reasonably require;
   • must be sponsored by two members of Circuit who ordinarily practise on Circuit, unless Executive Committee otherwise decides.
3. The Secretary shall make provision for the publication to the Circuit Executive Committee of notice of any application.
4. A Member of Circuit Executive Committee may object to an application for membership by notice in writing to the Secretary within 14 days of the publication of the notice of application.
5. An application for membership of Circuit shall be determined by resolution of the Circuit Executive Committee, provided that such resolution shall not be voted upon until the applicant has complied with the requirements of Rule 2.2 above and 14 days have passed since the publication of notice of application pursuant to Rule 2.3 above.
6. Subject to Rule 10 below, Membership of circuit shall determine upon a member:
   • being appointed to a permanent full-time judicial office;
   • being disbarred;
   • failing to pay in full all subscriptions and other monies owing to Circuit within six months of such monies becoming payable provided that a member shall automatically be re-admitted to membership upon payment to Circuit of all monies owed by him/her.
7. It is the obligation of a member of Circuit:
   • to abide by the constitution of the Circuit and thereby inter alia uphold and promote the highest professional standards of competence and integrity of their profession;
   • to pay subscriptions and other monies compulsorily due to Circuit upon the date of such subscriptions and monies becoming payable.
8. A member of Circuit shall be entitled:
   • to propose, second and vote for and speak upon any resolution or business in General Meeting;
   • subject to the provisions of this Constitution, to be elected to any Circuit Office or to Propose or second the nomination of a candidate for such office;
   • to sponsor an application for membership of Circuit.
9. Every member of Circuit shall pay by a given annual date (which date is to be determined by resolution at Extraordinary General Meeting), such annual subscription as may be determined by resolution of Circuit in General Meeting
10. The Circuit may by resolution of General Meeting confer upon any person honorary membership of Circuit, which persons may be (but is not exclusive to) suitable holders of judicial office in the Circuit territory.
11. The Circuit may by resolution of Executive Committee confer upon any person associate membership of Circuit, such persons being those as are involved in the law and who share the interests of members of Circuit.

Article III: Circuit Officers

1. There shall be the following officers of Circuit:There shall be the following officers of Circuit:
   • Leader
   • Area Representatives
   • Secretary
   • Webmaster
   • Treasurer
   • Pupillage Officer
   • Practice Development Officer
   • Overseas and UK Juniors
2. The Leader
   The Leader shall be elected from those members of circuit holding the rank of Queens Counsel or such rank as the circuit Executive shall decide is equivalent thereto.
3. The Leader shall hold office for a period of two years from the end of the Term in which he/she is elected and shall not be eligible for re-election.
4. When the office of Leader becomes vacant whether by effluxion of time or otherwise, the Senior Queens Counsel in practice shall act as Leader until an election can be held.
5. The Secretary shall give notice of an election by publication to members.
6. A candidate for election as Leader must be nominated by two members of Circuit at least one of whom shall hold the rank of Queens Counsel.
7. Nominations for the office of Leader shall close at the end of the fourteenth day after notice of election has been given.
8. If there is only one candidate at the close of nominations such candidate shall be declared elected; if there are two or more candidates then the election shall be by ballot.
9. When a ballot is required it shall be conducted by the Junior and the Secretary who shall ballot all members of Circuit who, as certified by the Treasurer, have paid all monies due and owing to Circuit at the material time.
10. The Candidate with the most votes shall be declared elected; in the event of an equality of votes the senior candidate shall be declared elected.
11. The Leader for the first two years of the circuit=s existence shall be David Vaughan QC.
12. Duties of the Leader
    It shall be the duty of the Leader:
    • to promote the functions of Circuit as defined in Article I; - to represent the Circuit (or cause the Circuit to be represented) on such outside bodies upon which it is appropriate for the Circuit to be represented;
    • to chair the Executive Committee and to advise and receive advice from the Area Representatives on Circuit affairs and matters of concern to Members of Circuit.
13. Area Representatives
    The Leader shall appoint as Area Representatives one Member from each of the Circuit Areas, which Areas are to be determined by resolution at Extraordinary General Meeting.
14. The appointment of the Area Representatives pursuant to the preceding rule shall be subject to the approval by simple majority of those members of Circuit attending and eligible to vote at General Meeting immediately after the election of the Leader and shall hold office until the election of the next Leader; nothing shall prevent the approval of the reappointment of any Area Representative who remains eligible to be a candidate for such office.
15. The Secretary
    The Secretary and all other circuit Officers (other than Leader, Area Representatives and Circuit Juniors) shall be elected at General Meeting by simple majority of those attending and eligible to vote and shall hold office for a period of three years from the end of the term in which elected and shall thereafter be eligible for re-election.
16. It shall be the duty of the Secretary to deal with the day to day business of circuit in liaison with the Executive Committee and in accordance with resolutions of General Meeting and these Articles to compile and keep safe appropriate records of circuit affairs, and to report on Circuit affairs to Circuit in General Meeting or otherwise as he/she deems appropriate and to compile a Directory of Members for publication in such manner as the Executive Committee shall decide.
17. The Webmaster
    It shall be the duty of the Webmaster (who may or may not be the Secretary) to establish and keep regularly updated the Circuit website. All relevant records and events pertaining to the Circuit should be available on the website. The Webmaster for the first year of the circuit's existence shall be Mathew Heim.
18. The Treasurer
    It shall be the duty of the Treasurer to monitor, collect and account for Circuit subscriptions and other monies lawfully due to the Circuit, to approve and control disbursement of Circuit funds and to compile and keep safe appropriate records and to make arrangements for the independent audit of Circuit accounts. The Treasurer for the first year of the circuit=s existence shall be Philip Bentley QC.
19. Pupillage Officer
    It shall be the duty of the Pupillage Officer to develop an efficient system for the filling of vacancies for pupillages or mini-pupillages within the Circuit territory and to advertise both vacancies and requests for such positions with a due expedition.
20. Practise Development Officer
    It shall be the duty of the Practise Development Officer as he/she sees fit to inform Circuit of recent developments in information technology and administration and to monitor, and on behalf of circuit, to make representations with regard to matters affecting profession practice on Circuit.
21. UK and Overseas Junior
    The UK and Overseas Juniors shall be elected at General Meeting by a majority of those attending and eligible to vote and shall hold office for a period of one year. For the first year of the circuit=s existence, Hugh Mercer and Fergus Randolph shall be the UK and Overseas Juniors respectively.
22. The UK and Overseas Juniors and shall be elected from Members of the Junior Bar practising in the circuit area by rotation provided that the UK and Overseas Juniors shall not be from the same Circuit Areas.
23. It shall be the duty of the UK and Overseas Juniors:
    • to represent the interests of the Junior Bar in the Executive Committee and the interests of Circuit to any appropriate outside body;
    • to organise Circuit functions.
24. The Juniors shall exercise the residual authority of circuit and account therefor to the Executive Committee.

Article IV: The Circuit Executive Committee

1. The Circuit Executive Committee shall comprise the officers of Circuit and such members who shall be elected for specific task by a simple majority of the Circuit Executive Committee. For the first year, those officers will be appointed for that period by the Leader, who will hold the post for two years. Thereafter, officers' positions will be subject to elections. Those persons elected shall hold office for two years. For the avoidance of doubt, the election of Leader and the other officers shall take place in alternate years.
2. The Committee shall:
   • consider all matters of concern to the Circuit and its members with a view to forming Circuit policy;
   • report to and receive opinion from the circuit in General Meeting;
   • have authority to communicate Circuit policy to any relevant outside body;
   • generally manage the affairs of Circuit subject to the overriding power of General Meeting;
   • liaise, or appoint one of their number to liaise, with other Bar circuits on matters relevant to European practise.
3. Vote in the Executive Committee shall be by simple majority of those officers present and the Leader (or in his/her absence the Senior member of circuit present) who shall take the chair and shall have the casting vote.
4. The Executive Committee shall meet not less than twice per year and one such meeting shall take place within a reasonable period preceding any and each meeting or Circuit in General Meeting. One meeting shall be in England or Wales and another in a continental European jurisdiction.
5. The minutes of the Executive Committee shall be kept by the Secretary and published by the Secretary of the Circuit Website within a reasonable period of each morning.
6. The Executive Committee shall have power to invite the attendance of any person to any meeting for discussion of Circuit affairs.

Article V: General Meeting

1. The Circuit shall meet in General Meeting at least once a year at such venue as the Executive Committee may decide.
2. The Secretary shall publish to members:
   • notice of such meeting not less than 14 days from the proposed date thereof.
   • details of any business or resolutions to be discussed or debated at such meeting and an Agenda not less than 7 days from the proposed date thereof.
3. Any member of Circuit shall be eligible:
   • to attend General Meeting and to vote upon any business conducted thereat;
   • to propose or second resolutions for consideration by General Meeting provided he/she gives notice in writing of such resolutions to the Secretary not less than 10 days before the proposed date of such meeting;
   • to propose any amendment to any resolution provided he/she gives notices of such amendment to the Secretary not less than 5 days before the date of such meeting.
4. The Senior Member of Circuit present shall preside at General Meeting, the Leader taking precedence for this purpose.
5. The Circuit in General Meeting shall have the following powers:
   • to elect any Member of Circuit eligible for election thereto to the office of Secretary, Webmaster, Treasurer, Pupillage Officer, Practice Development Officer, UK and Overseas Juniors and of Area Representatives;
   • to elect an applicant to membership of Circuit;
   • to determine Circuit policy; - to pass resolutions on Circuit business;
   • to confer upon any person honorary or associate membership of Circuit;
   • to determine from time to time as it sees fit the level of any subscription or other sum payable to Circuit by members of Circuit;
   • to elect any member or members of Circuit eligible for election thereto as Circuit=s representatives on the Bar Council.
6. Save with regard to changes in this Constitution, voting upon resolutions in General Meeting shall be by simple majority of those present and eligible to vote, the Senior member as defined in paragraph 4 of this article having a casting vote.

Article VI: Amendents to the Constitution

1. Any resolution for the amendment of this Constitution shall be proposed as a resolution for consideration in General Meeting in accordance with Article V hereof and shall not be passed unless approved by two thirds of those present and eligible to vote.
2. If 50% of members of Circuit present and eligible to vote at General Meeting so require, a ballot shall be conducted by the Secretary of all Circuit members eligible to vote and the resolution shall be determined by simple majority of those voting in ballot.