[EURO-Discuss] Legal Advice needed on a candidate for one of the elected European ALAC seats

[Nick Ashton-Hart]

Dear Sue and Dan:

I have been asked by a group of the European ALS members to get a  
view for them on the following questions related to the candidature  
of Veronica Cretu for one of the two EURALO-elected ALAC seats.

The background:

Ms. Cretu was nominated for the seat, and accepted the nomination, in  
advance of a deadline for receiving nominations of 20th April. It  
became clear after the nominations period closed that Ms. Cretu was  
not a member of any accredited ALS in the European region.

Annette Muehlberg, the ALAC member appointed by the NomCom for the  
European Region, and official representative of the Network New Media  
ALS located in Germany, then announced by email that Ms. Cretu was  
now a member of the same ALS.

Ms. Cretu is herself a national of Moldova.

The MoU with ICANN provides, in Clause 5.4.1, attached and as follows:

"The EURALO will choose two (2) individuals to serve as  
representatives on the At Large Advisory Committee (ALAC) and other  
bodies as appropriate in the terms specified in the ICANN Bylaws. The  
voting rights shall be determined by the EURALO. The selected  
representatives must be members of different ALSes, must have their  
principal residence in different countries of the region and their  
nationalities must be different, save always that the EURALO may  
define additional diversity requirements.  Selected representatives  
will have the responsibilities described in the ICANN Bylaws. "

Likewise, the Bylaws of the EURALO provide as follows in connection  
with this situation:

"11.5  The General Assembly is responsible, without limitation, for  
the following matters:

[...]

11.5.10 Electing the ALAC members representing Europe. The selected  
representatives must be members of different ALSes, must have their  
principal residence in different countries of the region and their  
nationalities must be different. To the extent possible, gender  
balance and regional balance within Europe shall be fostered."

The questions the region needs answered, in order to be assured of  
avoiding any unintentional violations of either the letter or the  
spirit of the rules and procedures, are as follows:

1) Since the nominations closed on 20th April and the candidate was  
not at that time a member of any ALS, is her candidature forfeit?
2) Since she is now a member of the same ALS (from Germany) as the  
NomCom representative Annette Muehlberg who is herself also a German  
national, does this invalidate her candidature?

Be advised that the answers to these questions need to be forwarded  
directly to the community in question, and are urgently needed as the  
elections are due to start at Noon UTC on Friday 11th May.

-- 
Regards,

Nick Ashton-Hart
Director, At-Large
ICANN
PO Box 32160
London N4 2XY
United Kingdom
Main Tel: +44 (20) 8800-1011]
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email: nick.ashton-hart at icann.org
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