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

[Roberto Gaetano]

Why not? (but only if it is free...)
Although I would assume that the advice of ICANN lawyers will give an
indication of what ICANN will do.
Of course, it would be interesting to hear other opinions, just in case the
matter ends up in court...

Cheers,
Roberto


> -----Original Message-----
> From: euro-discuss-bounces at atlarge-lists.icann.org 
> [mailto:euro-discuss-bounces at atlarge-lists.icann.org] On 
> Behalf Of Wendy Seltzer
> Sent: 05 May 2007 16:25
> To: Discussion for At-Large Europe
> Subject: Re: [EURO-Discuss] Legal Advice needed on a 
> candidate for one of the elected European ALAC seats
> 
> I would be happy to provide an independent legal review of 
> the situation.
> 
> --Wendy
> 
> Nick Ashton-Hart wrote:
> > 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.
> > 
> > 
> > 
> ----------------------------------------------------------------------
> > --
> > 
> > _______________________________________________
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> > EURO-Discuss at atlarge-lists.icann.org
> > 
> http://atlarge-lists.icann.org/mailman/listinfo/euro-discuss_atlarge-l
> > ists.icann.org
> 
> 
> --
> Wendy Seltzer -- wendy at seltzer.org
> phone: +1.617.418.3456 / +44 (0)1865 287203 // cell: 07785 
> 550361 Visiting Fellow, Oxford Internet Institute Fellow, 
> Berkman Center for Internet & Society 
> http://cyber.law.harvard.edu/seltzer.html
> http://www.chillingeffects.org/
> 
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