[EURO-Discuss] [Ext] Links/documents ** Please read ** EURALO Rules of procedures
Roberto Gaetano
roberto_gaetano at hotmail.com
Tue May 30 17:53:36 UTC 2023
Dear all,
I have spent most of my professional career in software development. Every time we were approaching the deadline for release a bunch of last minute requests were coming in.
The industry standard nowadays (and in any case the rule that I have given myself when I was in charge of the software release) is to freeze the development and pile up the new requests for a release 2 development.
If it works for software development, I don’t see why it could not work for our case: we can have an ROP 2.0 in a next cycle.
My 2c
R.
> On 30.05.2023, at 17:55, Sebastien Bachollet via EURO-Discuss <euro-discuss at atlarge-lists.icann.org> wrote:
>
> Hello
> No I can’t
>
> But what I know it is that this discussion is open since 2 years.
> And we need to have ROP to implement At-Large review.
> We can’t leave EURALO without ROP.
>
> Sébastien Bachollet
> Envoyé de mon iPhone
>
>> Le 30 mai 2023 à 15:47, Erich Schweighofer <erich.schweighofer at univie.ac.at> a écrit :
>>
>> SeB,
>>
>> I am not sure if we have some urgency ... some discussion may help.
>>
>> Could you please be so kind and describe the legal status of EURALO - under the Swiss law. Thanks.
>>
>> Best, Erich
>>
>> SCHWEIGHOFER Erich Prof. (UniVienna; Legal Informatics, European and International Law, Multistakeholder Law) MBA Dr. (law) Dr. (informatics) "pre-MAIS" (International Studies)
>> (on leave for the European Commission, Rue de la Loi 130, 1040 Brussel BE, erich.schweighofer at ec.europa.eu, Tel. +32 2 29 52283)
>> Legal Informatics at Vienna University Board Chair: ARI Arbeitsgruppe Rechtsinformatik, Juridicum, Universität Wien Conference Chair: International Legal Informatics Symposium IRI§ - iris-conferences.eu
>> President: Vienna Centre for Legal Informatics WZRI and its sub-organisations: RI@ LII-Austria CEILI (R)ARI LI-Library
>> Department for European, International and Comparative Law, Schottenbastei 10-16/2/5, Zi. 546, 1010 Wien AT, Tel. +43 1 427
>> rechtsinformatik.univie.ac.at, rechtsinformatik.ACADEMY, iris-conferences.eu, wzri.eu
>> office at rechtsinformatik.ACADEMY; office at iris-conferences.eu; Erich.Schweighofer at univie.ac.at
>> ---
>> Bitte um Teilnahme und Beiträge / Call for contributions and participation:
>> IRI§24 Internationales Rechtsinformatik Symposion 2024, 24.-17.02.24, iris-conferences.eu
>> Jusletter IT jusletter-it.eu IRIS-Journal irisj.eu (including publications of Arbeitsgruppe Rechtsinformatik)
>> ________________________________________
>> Von: EURO-Discuss [euro-discuss-bounces at atlarge-lists.icann.org] im Auftrag von Sebicann Bachollet via EURO-Discuss [euro-discuss at atlarge-lists.icann.org]
>> Gesendet: Dienstag, 30. Mai 2023 15:31
>> An: Oksana Prykhodko
>> Cc: Discussion for At-Large Europe; Herb Waye
>> Betreff: Re: [EURO-Discuss] [Ext] Links/documents ** Please read ** EURALO Rules of procedures
>>
>> Hello Oksana and all,
>> A working group was setup in April 2021, it turn out that only EURALO Board members participated.
>> The topic was then taking care by the board.
>> We presented the result of the work during a monthly members meeting on the 25th of April 2023 and comments were opened until 14th of May.
>> We keep it open one more week.
>> I understand your disagreement but it is time for EURALO to move ahead.
>> This document can evolve in the future.
>> But for now on it will be voting on by EURALO membership, after the next ICANN meeting is over.
>>
>> All the best
>> SeB
>>
>> Sébastien Bachollet
>> +33 6 07 66 89 33
>> sebicann at bachollet.fr
>> @SebBach
>>
>> EURALO Chair
>>
>>
>>
>>
>> Le 26 mai 2023 à 12:23, Oksana Prykhodko <sana.pryhod at gmail.com> a écrit :
>>
>> Dear Sébastien,
>>
>> Thank you very much for your letter.
>>
>> I will do my best to send you my specific comments on some articles of RoP today or on Monday.
>>
>> I am sure that this version of RoP is unacceptable and I would be happy to participate in the editorial team.
>>
>> There are the links to the documents I referred to:
>>
>> - ICANN Bylaws https://www.icann.org/resources/pages/governance/bylaws-en
>>
>> - ALAC Rules of Procedure https://community.icann.org/m/mobile.action#page/2262672
>>
>> Could you please send me the links to other documents YOU are referring to?
>>
>> Reactions to your answers.
>>
>> (In purple - your, Sebastien, comments)
>>
>> 1. As I say there is a need to evolve taking into account new needs. If it is not in contradiction with the bylaws, it must be OK.
>>
>> What is the procedure of taking new needs into account? Yes, I am absolutely sure that we have to take such new needs into account (first of all in time of war), but I am extremely against the proposed approach.
>>
>> 2. And duties.
>>
>> Absolutely agree. RoP can grant additional rights and duties for EURALO members, but can't limit their rights.
>>
>> 3. Only one question - is it OK? (about the number of comments and questions)
>>
>> 4. As explained above those ROP were build to have ROP and to included ALS mobilisation WG conclusions.
>>
>> Could you please send me the link to this document?
>>
>> 5. About repetitions (with distortion) and contradictions in the textes (your comments was I don’t see that but if it is the case we have the range of document by importance).
>>
>> Could you please let me know about this range?
>>
>> 6. About the structure (your comment Why it must have been on the same structure.). I did not say that AoA and RoP have to have the same structure. I just would like to understand the logic of the structure of RoP. RoP is an extremely important document for EURALO, and I am sure that we have to devote more time to discuss it.
>>
>> 7. On additional rights to the EURALO Members (AoA, Atr 7.5.1). Your comment - It was not the goal this time. And we didn’t get any suggestion during the comment time.
>>
>> Can I understand you that the goal this time was to give additional rights to the EURALO Chair?
>>
>> About suggestion during the comment time - any force majeure?
>>
>> I need more time because of force majeure in my country.
>>
>> 8-9. Consensus, supermajority, rough consensus, the way we are taking a decision
>>
>> These are the primarily issues of the RoP (which decisions demand consensus, how it can be achieved, what to do in the case of the absence of the consensus, and so on).
>>
>> 10. As for the ROP if EURALO need such document.
>>
>> Any doubts?
>>
>> 11. Regarding a conflict-of-interest. If the Chair has a conflict-of-interest in regard to the situation, the Secretariat is empowered to replace the Chair in this capacity.
>>
>> And what to do if the Secretariat has a conflict-of-interest?
>>
>> 12. Ombudsman role - Here it is indicated that it is possible way of action by the chair using the Ombuds mediation capability
>>
>> What does it mean - the Ombuds mediation capability?
>>
>> 13. In war time, EURALO Chair may, after thirty (30) days advance written notice, change the status of an ALS from a full membership to Inactive Status (ie. not able to cast votes , exercise rights and obligations under ALS membership)
>>
>> Really? This is not the question for the Ombudsman, this is the question for lawyers.
>>
>> Kind regards,
>> Oksana
>>
>>
>>
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>>
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>> On Tue, May 23, 2023 at 6:08 PM Sebicann Bachollet <sebicann at bachollet.fr<mailto:sebicann at bachollet.fr>> wrote:
>> Dear Oksana,
>> Thanks for your mail.
>> Even if your comments arrived outside of the dates I would like to answer some of them.
>> I am not sure I get all of them, but I’ll try.
>> See in your mail.
>> But first what is more important is that a huge part of this document is to take care of the ALAC/AT-Large review and the ALS mobilisation WG conclusions (accepted by ALAC).
>> All the best
>> SeB
>>
>> Sébastien Bachollet
>> +33 6 07 66 89 33
>> sebicann at bachollet.fr<mailto:sebicann at bachollet.fr>
>> @SebBach
>>
>> EURALO Chair
>>
>>
>>
>>
>> Le 17 mai 2023 à 19:35, Oksana Prykhodko <sana.pryhod at gmail.com<mailto:sana.pryhod at gmail.com>> a écrit :
>>
>> Dear Gisella,
>>
>> Once again thank you very-very much!
>>
>> Dear all,
>>
>> I am extremely sorry for the delay with my comments.
>>
>> Of course, as a member of EURALO ByLaws Task Force (2017 - 2019) I have the final version of the Articles of Associations (AoA), adopted by EURALO in 2019.
>>
>> But I need an official link to this document to illustrate my position.
>>
>> In the EURALO ByLaws Task Force (titled as AoA) we had consensus regarding the necessity to elaborate RoP, which will expand and clarify the provisions of the Bylaws (AoA), not revise them.
>> As I say there is a need to evolve taking into account new needs. If it is not in contradiction with the bylaws, it must be OK.
>>
>> This consensus is fixed in AoA:
>>
>> 7.5.1. The rights and duties of Members are to be exercised in accordance with the EURALO Rules of Procedure. The EURALO Rules of Procedure may grant additional rights to the Members.
>> And duties
>>
>> I also participated in Monthly Euralo teleconference call in April, when Sebastien shared the link to the draft of the RoP.
>>
>> Maybe I am wrong, but today (17 May 2023) I see the only one question/comment from Betty (in the Google docs).
>> Yes
>>
>> Once again, I am extremely sorry if I missed any explanations from the authors of the document about the logic and the process of the creation of these RoP. (I remember all our discussion and explanations in 2017 - 2019).
>> As explained above those ROP were build to have ROP and to included ALS mobilisation WG conclusions.
>>
>> Nevertheless I have spent a lot of time comparing these RoP with AoA, ICANN Bylaws (https://www.icann.org/resources/pages/governance/bylaws-en) and ALAC Rules of Procedure https://community.icann.org/m/mobile.action#page/2262672
>>
>> I see a great deal of repetition (with distortion) and contradiction in these texts.
>> I don’t see that but if it is the case we have the range of document by importance.
>>
>> I can't understand the logic of the structure of the draft RoP (I attach the comparative table of EURALO AoA and RoP).
>> Why it must have been on the same structure.
>> I am sure that other doing the same document can organise it differently.
>> In the same time we are working with our colleagues from other ralos, it is another reason for the differences on our documents.
>>
>> It is more important for me, that I do not see the very important other things:
>>
>> - additional rights to the EURALO Members (AoA, Atr 7.5.1).
>> It was not the goal this time.
>> And we didn’t get any suggestion during the comment time.
>>
>> I have huge amount of other questions (consensus, supermajority, rough consensus),
>> It was depending of the issue to be act upon.
>>
>> (2.3.2 All formal votes and elections require a quorum of no less than fifty percent (50%) of the Membership in good standing. A quorum for decisions by consensus shall be thirty-five percent (35%) of the Membership in good standing. Formal votes shall be by a majority of those present at the meeting or involved in the online discussion unless these Rules of Procedure require some other threshold).
>>
>> What does it mean?
>> It is depending on the way we are taking a decision.
>>
>> And one more:
>>
>> 2.7.3 Any other documents governing EURALO operating rules, procedures and practices.
>>
>> What does it mean? Who will elaborate and adopt these documents? How can I know about them?
>> As for the ROP if EURALO need such document.
>>
>> 5.7 To address situations not explicitly covered in these Rules of Procedure, the Chair is empowered to take appropriate action, if practical and appropriate, in consultation with the Secretariat and the EURALO Board. If the Chair has a conflict-of-interest in regard to the situation, the Secretariat is empowered to replace the Chair in this capacity.
>> Nothing to add
>>
>> And how EURALO Chair can use Ombudsman?)))))
>>
>>
>> *
>> Use of the ombudsman or an impartial third party for mediation, if necessary1.
>>
>> Any ICANN participant can refer a topic to the ICANN Ombuds (he is not oblige to act).
>> Here it is indicated that it is possible way of action by the chair using the Ombuds mediation capability.
>>
>> *
>>
>> 8.1 In the case of a Member ALS’s failure to meet the minimum performance standards stated in the EURALO Membership Standards, the Chair may, after thirty (30) days advance written notice, change the status of an ALS from a full membership to Inactive Status (ie. not able to cast votes , exercise rights and obligations under ALS membership). This process should be well documented on the wiki. The ALS must then be notified of this change and be allowed to appeal this change in status.
>> Nothing to add
>>
>>
>> Thousands of thanks from Ukraine! Bombing, blackouts, no Internet, no communication at all.
>>
>> I am creating this my comp tables under ruzzist bombing alerts to my home and my grandson home in Kyiv
>>
>> Force major?
>>
>> EURALO RoP"
>>
>> Just in case, please see my articles on the com table of EURALO AoA and RoP.
>>
>> Kind regards,
>> Oksana
>>
>> Can I ask you to let me know, who will open my attachment?
>>
>>
>> PS. I need more time to insert all my comments in your working document
>>
>> Kind regards,
>> Oksana
>>
>>
>>
>> 1. Preamble
>>
>>
>> 1. GENERAL
>>
>>
>> 2. Definitions
>>
>>
>> DEFINITIONS:
>>
>>
>> 3. Name and Seat
>>
>>
>>
>>
>> 4. Language and Communication
>>
>>
>>
>>
>> 5. Purpose
>>
>>
>> 2. PURPOSE AND PRINCIPLES
>>
>>
>> 5.1. Purpose of the Association
>>
>>
>>
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>> 5.2. Means of achieving the Purpose
>>
>>
>>
>>
>> 5.3. Code of Conduct
>>
>>
>>
>>
>> 6. Resources and Liability
>>
>>
>>
>>
>> 7. Membership
>>
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>> 3. MEMBERSHIP
>>
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>> 8. Bodies of the Association
>>
>>
>> 4. GOVERNANCE AND ANNUAL MEETINGS
>>
>>
>>
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>> 5. OFFICERS
>>
>>
>>
>>
>> 6. ELECTIONS AND PERIOD OF OFFICE
>>
>>
>> 9. Change of the Articles of Association
>>
>>
>>
>>
>> 10. Dissolution of the Association
>>
>>
>>
>>
>> 11. Applicable Law and Dispute Resolution
>>
>>
>>
>>
>>
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>> 7. MEMBERSHIP STANDARDS
>>
>>
>>
>>
>> 8. PROCESS FOR ALS DECERTIFICATION
>>
>>
>>
>>
>> 9. AMENDMENT
>>
>>
>> 12. Entry into Effect
>>
>>
>> 10. EFFECTIVE DATE
>>
>>
>>
>>
>> APPENDIX A
>>
>> EURALO MINIMUM ALS MEMBERSHIP STANDARDS
>>
>>
>>
>>
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>>
>>
>> On Sun, May 14, 2023 at 11:38 PM Gisella Gruber <Gisella.Gruber at icann.org<mailto:Gisella.Gruber at icann.org>> wrote:
>> Dear Oksana,
>>
>> Again apologies for sending this through to you with the delay.
>>
>> I will defer to Sebastien for the extension but I believe this will be possible.
>>
>> Thank you for your input.
>>
>> Kind regards,
>> Gisella
>>
>>
>> ——————
>> Gisella Gruber
>> Manager, At-Large Relations and Operations Support, ALAC-At-Large
>> Internet Corporation for Assigned Names and Numbers (ICANN)
>>
>>
>>
>> Email: gisella.gruber at icann.org<mailto:gisella.gruber at icann.org>
>> Tel: +44 7545 334 360<tel:+44%207545%20334360>
>> Skype ID: gisella.gw[gisella.gw]<https://urldefense.proofpoint.com/v2/url?u=http-3A__gisella.gw&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PqnmlD10aN3cxIHyiUf_hNf25P6Dsv7dJM6flBzRrBs&m=DMVLeb1g8oJ6gdbQVqz99sWUBIbbFK0_e1TBFQXWLiw&s=-6rdzktgfnAZYAxJ31qNN4PEFoMv1Novn91ItX4-0sA&e=>
>>
>>
>>
>> One World, One Internet
>>
>> On 14 May 2023, at 18:59, Oksana Prykhodko <sana.pryhod at gmail.com<mailto:sana.pryhod at gmail.com>> wrote:
>>
>>
>> Dear Gisella,
>>
>> Thank you very-very much!
>>
>> I kindly ask you to extend the deadline for comments.
>>
>> Kind regards,
>> Oksana
>>
>>
>>
>>
>> On Sun, May 14, 2023, 18:12 Gisella Gruber <Gisella.Gruber at icann.org<mailto:Gisella.Gruber at icann.org>> wrote:
>> Dear Oksana,
>>
>> Apologies for the delay.
>>
>> All documents are available on the EURALO Wiki – please see if you are able to find all of them: https://community.icann.org/display/EURALO/EURALO+Information%3A+Governance%2C+Leaders+and+Members
>>
>> The articles of Association (2019) is available here: https://community.icann.org/display/EURALO/FINAL+DRAFT+EURALO+Articles+of+Association+2019
>>
>> I hope this helps and please reach out to me if any further issues.
>>
>> Thank you!
>> Kind regards,
>> Gisella
>>
>>
>>
>>
>>
>> From: Oksana Prykhodko <sana.pryhod at gmail.com<mailto:sana.pryhod at gmail.com>>
>> Date: Thursday, 11 May 2023 at 18:10
>> To: At-Large Staff <staff at atlarge.icann.org<mailto:staff at atlarge.icann.org>>
>> Cc: Sebastien Bachollet <sebicann at bachollet.fr<mailto:sebicann at bachollet.fr>>, Discussion for At-Large Europe <euro-discuss at atlarge-lists.icann.org<mailto:euro-discuss at atlarge-lists.icann.org>>
>> Subject: [Ext] Re: [EURO-Discuss] ** Please read ** EURALO Rules of procedures
>>
>> Dear all,
>>
>> Could you please send me the link to Articles of association of the ICANN European Internet Users Forum a Regional At-Large Organization of ICANN (EURALO)?
>>
>> Order of importance of EURALO governing documents
>>
>> Articles of association of the ICANN European Internet Users Forum a Regional At-Large Organization of ICANN (EURALO).
>> (These) Rules of Procedure.
>> Any other documents governing EURALO operating rules, procedures and practices.
>>
>> Thank you very much in advance,
>> Kind regards,
>> Oksana
>>
>> On Tue, May 9, 2023 at 2:38 PM ICANN At-Large Staff via EURO-Discuss <euro-discuss at atlarge-lists.icann.org<mailto:euro-discuss at atlarge-lists.icann.org>> wrote:
>> On behalf of EURALO Leadership:
>>
>> Dear colleagues,
>> During the last Member Monthly Meeting the EURALO Rules of procedures were presented.
>> Please find the link to the document
>>
>> [X]
>>
>> [docs.google.com [docs.google.com]<https://urldefense.com/v3/__http:/docs.google.com__;!!PtGJab4!5WYlCReQzpdT8wUU7y3XNXxJVxwC8HGSdGje0oUCpUTQgDqpKxFpIxMLcNcwZ9PZg9E-AAQ60iypsm9eQnBJIcsaDrXUfeQ$>]20221118_EURALO_RoP_V5.docx [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/1Ag38r51jNz3_Wx8C_RX5JQiKVfR0ooFH/edit?usp=sharing&ouid=116441812520638397946&rtpof=true&sd=true__;!!PtGJab4!_qoK5te08apI0rQewcHYa1Iy8eweHB8EXlZH6P5OtBHR-0qpzIWml9x9FrhH9WV6qzgUJdnAvxL81CMsuJaBgc5p4B76OdSAQ6hOy3Uvu5Nx$>
>> docs.google.com [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/1Ag38r51jNz3_Wx8C_RX5JQiKVfR0ooFH/edit?usp=sharing&ouid=116441812520638397946&rtpof=true&sd=true__;!!PtGJab4!_qoK5te08apI0rQewcHYa1Iy8eweHB8EXlZH6P5OtBHR-0qpzIWml9x9FrhH9WV6qzgUJdnAvxL81CMsuJaBgc5p4B76OdSAQ6hOy3Uvu5Nx$>
>>
>>
>>
>> If you have question or comment please fill free to send them on this list or to add them on the document.
>> The deadline for input will be the Sunday 14th of May 2023.
>> Then the EURALO leaders will finalise the EURALO ROP and organise a vote.
>> Thanks
>> All the best
>> SeB
>>
>> Sébastien Bachollet
>> +33 6 07 66 89 33
>> sebicann at bachollet.fr<mailto:sebicann at bachollet.fr>
>> @SebBach
>>
>> EURALO Chair
>>
>>
>>
>> _______________________________________________
>> EURO-Discuss mailing list
>> EURO-Discuss at atlarge-lists.icann.org<mailto:EURO-Discuss at atlarge-lists.icann.org>
>> https://atlarge-lists.icann.org/mailman/listinfo/euro-discuss [atlarge-lists.icann.org]<https://urldefense.com/v3/__https:/atlarge-lists.icann.org/mailman/listinfo/euro-discuss__;!!PtGJab4!5WYlCReQzpdT8wUU7y3XNXxJVxwC8HGSdGje0oUCpUTQgDqpKxFpIxMLcNcwZ9PZg9E-AAQ60iypsm9eQnBJIcsaSWLUEAA$>
>>
>> Homepage for the region: http://www.euralo.org [euralo.org]<https://urldefense.com/v3/__http:/www.euralo.org__;!!PtGJab4!5WYlCReQzpdT8wUU7y3XNXxJVxwC8HGSdGje0oUCpUTQgDqpKxFpIxMLcNcwZ9PZg9E-AAQ60iypsm9eQnBJIcsa1o3ymwk$>
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