41976A0209(01)

CONVENTION SETTING UP A EUROPEAN UNIVERSITY INSTITUTE

HIS MAJESTY THE KING OF THE BELGIANS,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

THE PRESIDENT OF THE FRENCH REPUBLIC,

THE PRESIDENT OF THE ITALIAN REPUBLIC,

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

RESOLVED to foster the advancement of learning in fields which are of particular interest for the development of Europe, especially its culture, history, law, economics and institutions;

DESIRING to promote cooperation in these fields and to stimulate joint research;

HAVING DECIDED to realize the intentions expressed on the subject in the Declarations made by the Heads of State or of Government meeting at Bonn on 18 July 1961 and at The Hague on 1 and 2 December 1969;

CONSIDERING that a further contribution should be made to the intellectual life of Europe and that in this spirit a European Institute should be set up at the highest university level;

HAVE DECIDED to set up a European University Institute and to lay down the conditions under which it will function, and to this end have designated as their Plenipotentiaries: HIS MAJESTY THE KING OF THE BELGIANS:

Mr Léon HUREZ,

Minister of Education (F);

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY:

Mr Rolf LAHR,

Ambassador of the Federal Republic of Germany in Rome;

THE PRESIDENT OF THE FRENCH REPUBLIC:

Mr Jacques DUHAMEL,

Minister for Cultural Affairs;

THE PRESIDENT OF THE ITALIAN REPUBLIC:

Mr Aldo MORO,

Minister for Foreign Affairs;

Mr Riccardo MISASI,

Minister of Education;

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG:

Mr Jean DUPONG,

Minister of Education;

HER MAJESTY THE QUEEN OF THE NETHERLANDS:

Mr Th.E. WESTERTERP,

State Secretary, Ministry of Foreign Affairs;

WHO, having exchanged their Full Powers, found in good and due form, have agreed as follows:

CHAPTER I PRINCIPLES GOVERNING THE SETTING UP OF THE INSTITUTE

Article 1

By this Convention, the Member States of the European Communities (hereinafter called the "Contracting States") jointly set up the European University Institute (hereinafter called the "Institute"). It shall have legal personality.

The seat of the Institute shall be in Florence.

Article 2

1. The aim of the Institute shall be to contribute, by its activities in the fields of higher education and research, to the development of the cultural and scientific heritage of Europe, as a whole and in its constituent parts. Its work shall also be concerned with the great movements and institutions which characterize the history and development of Europe. It shall take into account relations with cultures outside Europe.

This aim shall be pursued through teaching and research at the highest university level.

2. The Institute should also be a forum for the exchange and discussion of ideas and experience in subjects falling within the areas of study and research with which it is concerned.

Article 3

1. The Contracting States shall take all the measures necessary to facilitate the pursuit of the aim of the Institute while observing freedom of research and teaching.

2. The Contracting States shall encourage the spread of the Institute's influence in the scientific and university world. To this end, they shall assist the Institute to establish appropriate bonds of cooperation with the universities and scientific institutions in their territories and with the European and international bodies concerned with education, culture and research.

3. Within its terms of reference, the Institute shall cooperate with universities and with any national or international teaching or research body wishing to cooperate. It may conclude agreements with States and international bodies.

Article 4

The Institute and its staff shall enjoy such privileges and immunities as are necessary for the performance of their tasks, under the conditions laid down in the Protocol annexed to this Convention, which forms an integral part thereof.

The Institute shall conclude a headquarters agreement with the Italian Government, to be approved unanimously by the High Council.

CHAPTER II ADMINISTRATION

Article 5

The authorities of the Institute shall be: (a) the High Council,

(b) the Principal of the Institute,

(c) the Academic Council.

Article 6

1. The High Council shall be composed of representatives of the Governments of the Contracting States ; each Government shall have one vote in the Council and shall delegate to it two representatives.

The High Council shall meet at least once a year in Florence.

2. The office of President of the High Council shall be held for one year by a representative of each of the Contracting States in turn.

3. The Principal of the Institute, the Secretary and a representative of the European Communities shall take part in meetings of the High Council but shall not vote.

4. The High Council shall be responsible for the main guidance of the Institute ; it shall direct its activities and supervise its development. It shall facilitate on the one hand relations between Governments on matters concerning the Institute, and on the other hand relations between Governments and the Institute.

The High Council shall take the decisions necessary for the performance of the tasks thus entrusted to it in accordance with paragraphs 5 and 6.

5. Acting unanimously, the High Council shall: (a) draw up the rules governing the activities of the Institute and the financial rules provided for in Article 26;

(b) adopt the procedure for the selection of the working languages in accordance with Article 27;

(c) draw up the service rules of the staff of the Institute ; these service rules shall lay down the procedure for settling disputes between the Institute and persons covered by them;

(d) decide upon the creation of permanent posts for professors assigned to the Institute;

(e) invite, on terms which it shall lay down, the persons specified in Article 9 (3) to take part in the activities of the Academic Council;

(f) conclude the headquarters agreement between the Institute and the Italian Government, and any instrument referred to in Article 3 (3);

(g) appoint the first Principal and the first Secretary of the Institute;

(h) allow, if necessary, derogation from Article 8 (3);

(i) alter the arrangement into departments provided for in Article 11 or create new departments;

(j) grant the approval referred to in Article 33;

(k) take the measures referred to in Article 34.

6. The High Council shall, acting by a qualified majority, take decisions other than those provided for in paragraph 5, in particular those concerning: (a) the appointment of the Principal and the Secretary of the Institute;

(b) the approval of the Institute's budget and giving a discharge to the Principal in respect of the implementation of the budget;

(c) the approval, on a proposal from the Academic Council, of the general teaching policy;

(d) the adoption of its rules of procedure.

7. Where decisions require a qualified majority, votes shall be weighted as follows: >PIC FILE= "T0019427">

The decisions shall be carried if they have received a minimum of 41 votes in favour indicating the approval of at least six Governments.

8. Abstentions shall not prevent the adoption by the High Council of decisions which require unanimity.

Article 7

1. The Principal shall direct the Institute. He shall carry out or supervise the carrying out of acts and decisions pursuant to this Convention and shall take any administrative decisions which do not fall within the terms of reference of any of the other authorities of the Institute.

2. He shall be responsible for the administration of the Institute. He shall represent it in law.

He shall prepare the draft annual budget and the draft triennial financial forecasts and shall submit them to the High Council after consulting the Academic Council.

He shall appoint the heads of departments and the members of the teaching staff nominated by the Academic Council in accordance with Article 9 (5) (d).

He shall appoint members of the administrative staff of the Institute.

3. The Principal of the Institute shall be chosen by the High Council from a list of three names proposed by the Academic Council.

He shall be appointed for a period of three years. His term of office may be renewed once.

Article 8

1. A Secretary shall assist the Principal of the Institute in the performance of his organizational and administrative duties.

2. His term of office and the length of his appointment shall be laid down in the rules provided for in Article 6 (5) (a).

3. The Secretary and the Principal of the Institute may not be of the same nationality, unless unanimously decided otherwise by the High Council.

Article 9

1. The Academic Council shall have general powers with regard to research and teaching, without prejudice to the terms of reference of the other authorities of the Institute.

It shall be presided over by the Principal of the Institute.

2. The following shall be members of the Academic Council: (a) the Principal of the Institute;

(b) the Secretary of the Institute, who shall take part in the work but shall not vote;

(c) heads of department;

(d) all or some of the professors assigned to the Institute;

(e) representatives of the other members of the teaching staff;

(f) representatives of the research students.

3. The High Council may, under conditions which it shall lay down, invite persons with particular qualifications who are nationals of Member States and who represent the various aspects of economic, social and cultural life, to take part in the activities of the Academic Council.

4. The rules provided for in Article 6 (5) (a) shall determine: (a) the number of members of the Academic Council representing the categories of persons indicated in paragraph 2 (d), (e) and (f), the procedure for their appointment and the length of their term of office;

(b) the rules for majority votes in the Academic Council.

5. The Academic Council shall: (a) draw up study and research programmes;

(b) participate in the preparation of the draft annual budget and the draft triennial financial forecasts;

(c) take any implementing measures concerning research and teaching which do not fall within the terms of reference of any of the other authorities of the Institute;

(d) meeting in a session restricted to members of the teaching staff who have at least equal status with the persons concerned, nominate the heads of department, the professors and the other teachers to be engaged as members of the teaching staff of the Institute;

(e) determine the conditions for the award of the degree and certificate provided for in Article 14;

(f) draw up the list of members of the Entrance Board and the Graduation Board;

(g) examine the draft report on activities prepared by the Principal of the Institute and submitted to the High Council.

6. The Academic Council may, on its own initiative, submit proposals to the High Council concerning questions falling within the terms of reference of that Council.

7. An office of the Academic Council, presided over by the Principal of the Institute with the assistance of the Secretary and composed of the Principal and the heads of department, shall carry out the specific tasks assigned to it by the Academic Council. It shall make a report to the Academic Council on the manner in which it has carried out those tasks.

CHAPTER III ACADEMIC STRUCTURE

A. Academic organization

Article 10

The Institute shall be divided into departments, which shall constitute the basic research and teaching units ; these in turn shall be divided into seminars.

Article 11

1. From the time it is set up the Institute shall consist of four departments: - history and civilization,

- economics,

- law,

- political and social sciences.

Acting unanimously, the High Council, after consulting the Academic Council and in the light of experience, may alter this arrangement or set up new departments. The Academic Council may make recommendations to this end.

2. Within the limits of the funds allocated to it in the budget, and the programmes adopted by the Academic Council, each department shall enjoy a large measure of autonomy in carrying out its studies and research work and shall be provided with the staff necessary for its activities.

Article 12

1. The main research work shall be carried out in seminars or by research teams. Work in one seminar may be combined with that of other seminars in the same department or in other departments.

The organization of the various seminars and research teams shall be the responsibility of the heads of department. Research work shall be carried out with the active collaboration of teaching staff and research students, who shall jointly lay down their methods of work and the lines along which it should proceed.

2. The research work to be carried out in the seminars or by research teams must be defined within the limits of the study and research programmes provided for in Article 9 (5) and take account of the aim of the Institute.

The subject matter of the work projects to be undertaken in each seminar and by each research team shall be notified to the Academic Council by the heads of department after they have obtained the approval of the professors and assistants.

3. The Institute may organize periods of practical training and colloquia in which persons already having professional experience in the disciplines under which studies and research are carried out at the Institute may take part.

Article 13

1. The Institute shall have a library and a documentation service, financed by the annual operating budget.

2. The Italian Republic undertakes to carry out all the necessary measures and to conclude all the agreements required to give teaching staff and research students access to archives, libraries and museums in Florence and, if necessary, in other Italian towns.

The procedure for applying this provision shall be laid down in the headquarters agreement.

Article 14

1. The Institute shall have the power, in the disciplines under which studies and research are carried out at the Institute, to confer a doctorate of the European University Institute upon research students who have completed a minimum of two years'study at the Institute and have submitted an original piece of research of high quality approved by the Institute, which must be published in accordance with the provisions laid down pursuant to paragraph 3.

2. The Institute shall have the power to issue attendance certificates to research students.

5. The conditions for the award of the degree and the issue of the certificate provided for in this Article shall be laid down by the Academic Council ; these conditions shall require the approval of the High Council.

B. Teaching staff and research students

Article 15

1. The teaching staff shall consist of heads of department, professors, assistants and other teachers.

2. Members of the teaching staff shall be chosen from among nationals of the Contracting States whose qualifications are such as to ensure that the work of the Institute is of a high standard. The Institute may also call upon the services of nationals of other States.

3. The Contracting States shall, so far as they are able, take all appropriate measures to facilitate the mobility of persons engaged as members of the teaching staff of the Institute.

Article 16

1. For the purposes of this Convention, the Institute's "research students" are students or research students with qualifications from a national university showing their suitability to undertake or continue research work, who meet the conditions laid down in Article 27 (3) and have been admitted to the Institute.

2. Admission to the Institute shall be open to nationals of the Contracting States.

Nationals of other States may be admitted subject to limits and conditions to be laid down in the rules to be adopted by the High Council after consulting the Academic Council.

3. Admission to the Institute shall be granted by the Entrance Board in accordance with the provisions of this Convention and the rules adopted by the High Council. The Board shall take account of applicants' qualifications and, as far as possible, of their place of origin.

The competent authorities of the Contracting States shall assist the Institute in administering the admission procedure.

Article 17

1. Each of the Contracting States shall, to the extent of the funds available, encourage the award of grants to those of its nationals admitted to the Institute whose circumstances so require, and shall take, where necessary, all appropriate measures for the adaptation of provisions governing the award of grants.

2. The financial rules may make provision for the creation of a special fund for the award of certain grants. This fund could, in particular, be endowed from private contributions.

3. The preceding provisions shall not prevent research students at the Institute from receiving grants awarded by the European Communities to persons carrying out research work connected with the construction of Europe.

CHAPTER IV FINANCIAL PROVISIONS

Article 18

1. There shall be an operating budget for each financial year.

2. All items of revenue and expenditure of the Institute shall be included in estimates to be drawn up for each financial year and shall be shown in the budget.

The revenue and expenditure shown in the budget shall be in balance.

The financial rules shall list the revenue of the Institute.

3. The financial year shall run from 1 January to 31 December.

4. Revenue and expenditure shall be expressed in Italian lira.

Article 19

1. The financial contributions of the Contracting States to cover the expenditure provided for in the Institute's budget shall be determined on the following scale: >PIC FILE= "T0019428">

2. From 1 January 1978, financing shall be on a basis to be determined, during a study to be initiated on 1 January 1977, in the light of developments in the European Communities by that date and the alternative of financing by the Community.

Article 20

1. The expenditure shown in the budget shall be authorized for one financial year, save as otherwise provided in rules to be laid down in accordance with Article 26.

2. In accordance with conditions to be laid down pursuant to Article 26, any appropriations, other than those relating to staff expenditure, which are unexpended at the end of the financial year may be carried forward to the next financial year only.

3. Appropriations shall be classified under different chapters grouping items of expenditure according to their nature or purpose and subdivided, as far as may be necessary, in accordance with the financial rules.

Article 21

1. The Principal shall implement the budget in accordance with the financial rules and within the limits of the appropriations granted. He shall report on his management to the High Council.

2. The financial rules may lay down provisions concerning the transfer of appropriations from one chapter to another or from one subdivision to another.

Article 22

If, at the beginning of a financial year, the budget has not yet been voted, a sum equivalent to not more than one twelfth of the budget appropriations for the preceding financial year may be spent each month in respect of any chapter or other subdivision of the budget in accordance with the provisions of the financial rules ; this arrangement shall not, however, have the effect of placing at the disposal of the Institute appropriations in excess of one twelfth of those provided for in the draft budget in course of preparation.

Provided that the other conditions laid down in the preceding paragraph are observed, the High Council, acting by a qualified majority, may authorize expenditure in excess of one twelfth.

Contracting States shall pay every month, on a provisional basis and in accordance with the scales laid down for the preceding financial year, the amounts necessary to ensure application of this Article.

Article 23

1. The High Council shall appoint two auditors of different nationalities for a period of three years. Their term of office shall be renewable.

The purpose of the audit, which shall be based on records and, if necessary, performed on the spot, shall be to establish that all revenue has been received and all expenditure incurred in a lawful and regular manner and that the financial management has been sound.

The auditors shall submit their report to the High Council annually.

The Principal shall supply any such information and assistance as the auditors may require in the performance of their duties.

2. The financial rules shall lay down the terms on which the Principal shall be given a discharge in respect of the implementation of the budget.

Article 24

1. The Principal shall draw up draft triennial financial forecasts and, after consulting the Academic Council, shall submit them to the High Council for examination and appraisal.

2. The procedure for implementing paragraph 1 shall be laid down in the financial rules.

Article 25

1. The Italian Republic shall provide the Institute, free of charge, with land in Florence and the buildings which the Institute requires for its activities, and shall undertake the upkeep thereof.

The Italian Republic shall, on the same conditions, place at the disposal of the teaching staff, research students and the administrative staff of the Institute, a fully equipped restaurant and social centre on the Institute's premises.

2. The procedure for implementing paragraph 1 shall be laid down in the headquarters agreement.

Article 26

1. The High Council, acting unanimously on a proposal from the Principal of the Institute or from one of the members of the High Council, shall adopt the financial rules, specifying in particular: (a) the procedure for establishing and implementing the annual budget and for presenting and auditing accounts;

(b) the procedure for the preparation of the triennial financial forecasts;

(c) the methods and procedure for the payment and deployment of the Member States' contributions;

(d) the rules and procedure concerning the responsibility of authorizing officers and accounting officers.

2. The financial rules provided for in paragraph 1 may provide for the setting up of a Budget and Finance Committee composed of representatives of the Contracting States which would be responsible for preparing the deliberations of the High Council on budgetary and financial matters.

CHAPTER V MISCELLANEOUS PROVISIONS

Article 27

1. The official languages of the Institute shall be Danish, Dutch, English, French, German and Italian.

2. For each academic activity, two working languages shall be selected from the languages listed in paragraph 1, taking into account the linguistic knowledge and preferences of the teaching staff and research students.

The procedure for selecting these languages shall be determined by the High Council acting unanimously.

3. The teaching staff and research students must have an adequate knowledge of two of the languages listed in paragraph 1.

The Academic Council may allow exceptions to be made for specialists engaged in certain work at the Institute.

Article 28

In each of the Contracting States, the Institute shall enjoy the most extensive legal capacity accorded to legal persons under their laws ; it may, in particular, acquire or dispose of movable and immovable property, conclude contracts and be a party to legal proceedings. To this end it shall be represented by the Principal.

Article 29

Any dispute between Contracting States, or between one or more Contracting States and the Institute, concerning the application or interpretation of the Convention which cannot be settled by the High Council may, on application by one of the parties to the dispute, be submitted to arbitration.

In that event, the President of the Court of Justice of the European Communities shall determine the arbitration body to be called upon to settle the dispute.

The Contracting States undertake to carry out the decisions of the arbitration body.

CHAPTER VI TRANSITIONAL AND FINAL PROVISIONS

Article 30

1. The High Council shall meet immediately after the entry into force of this Convention.

2. The High Council shall conclude the headquarters agreement and shall set up the other authorities provided for in this Convention.

3. The first eight members of the teaching staff of the Institute shall be chosen by unanimous decision of a provisional Academic Committee composed of two representatives from each of the Contracting States, at least one of whom must be a teacher at university level.

On the appointment of the Principal, the Secretary and these eight members of the teaching staff, measures taken by the Academic Council shall constitute valid decisions.

Article 31

The first Principal and the first Secretary of the Institute shall be appointed by the High Council acting unanimously.

Article 32

1. Any Member State of the European Communities besides the Contracting States may accede to this Convention by depositing an instrument of accession with the Italian Government.

2. Accession shall take effect on the date on which the High Council, acting unanimously and in agreement with the acceding State, has determined the adaptations which will need to be made to the provisions of this Convention, in particular to Articles 6 (7) and 19 (1).

Article 33

The Government of any Contracting State, the Principal of the Institute or the Academic Council may submit to the High Council draft proposals for revision of this Convention. If the High Council, acting unanimously, approves the convening of a conference of representatives of the Contracting States, such a conference shall be convened by the Government occupying the presidency of the High Council.

Article 34

If action on the part of one of the authorities of the Institute should appear necessary to attain one of the objectives set out in this Convention and this Convention has not provided the necessary powers, the High Council shall, acting unanimously, take the appropriate measures.

Article 35

1. This Convention shall apply to the European territory of the Contracting States, the French overseas departments and the French overseas territories.

2. Notwithstanding paragraph 1 the Convention shall not apply to the sovereign base areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus ; it shall not apply either to the Channel Islands or the Isle of Man unless the United Kingdom Government declares on accession to this Convention, or subsequently, that this Convention shall apply to one or more of such territories.

3. Notwithstanding paragraph 1, the Convention shall not apply to the Faroe Islands. The Government of the Kingdom of Denmark may, however, give notice, by declaration deposited by 31 December 1975 at the latest, with the Government of the Italian Republic, which shall transmit a certified copy to each of the Governments of the other Contracting States that this Convention shall apply to these islands.

4. Any Contracting State may, at the time of signature, acceptance, approval or ratification of this Convention, or when acceding to it, or at any later date, declare, by notifying the Government of the Italian Republic, that this Convention shall apply to one or more of its territories outside Europe for whose international relations it is responsible and which are specified in the declaration.

Article 36

This Convention shall be submitted for acceptance, approval or ratification by the Contracting States in accordance with their respective constitutional requirements.

It shall enter into force on the first day of the month following receipt by the Italian Government of the last notification that these formalities have been completed.

Article 37

The Italian Government shall notify the Contracting States of (a) each signature;

(b) the deposit of each instrument of acceptance, approval, ratification or accession, and any declaration provided for in Article 35 (2);

(c) the entry into force of this Convention;

(d) any amendment made to this Convention in accordance with Article 33.

Article 38

This Convention, drawn up in the Dutch, French, German and Italian languages, all four texts being authentic, shall be deposited in the archives of the Italian Government which shall transmit a certified copy to the Government of each of the other Contracting States.

The English, Danish and Irish texts of this Convention, appearing in the Annex to the High Council decision specifying the amendments thereto rendered necessary by the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, shall be authentic under the conditions laid down in the abovementioned original texts and the Government of the Italian Republic shall transmit a certified copy thereof to the Government of each of the other Contracting States.