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Statutes

The European Fact-Checking Standards Network (EFCSN) is an association of fact-checking organisations who commit to the standards of independence, transparency, and journalistic quality outlined in the European Code of Standards for Independent Fact-Checking Organisations.

Articles

Article 1: Name

The non-profit association bears the name “European Fact-checking Standards Network”, hereinafter referred to as “the Association” or as “EFCSN”.

Article 2: Seat

The registered office of the Association is located in 4 rue Belgrand, 75020 Paris, France.

Article 3: Purpose

The purpose of this Association is to uphold and promote the highest standards of fact-checking and promote media literacy for the public benefit. The Association and its members are committed to upholding the principles of freedom of expression. They will work to promote the public’s access to fact-checked trustworthy data and information and to educate the public in how to assess the veracity of information in the public sphere.

Article 4: Activities

For the fulfilment of the purposes set forth in the previous article, the Association may carry out , among others, the following activities:

  1. To formulate, establish and develop the European Code of Standards for Independent Fact-Checking Organisations (hereinafter referred to as ‘European Code of Standards’).
  2. To evaluate, assess and verify organisations willing to adhere to the European Code of Standards.
  3. To operate a complaints handling service in accordance with the European Code of Standards.
  4. To enter into agreements with members of the EFCSN and charge fees in connection therewith.
  5. To investigate violations and enforce compliance with the European Code of Standards.
  6. To uphold the rights of the members of the EFCSN to inform the public and disseminate their work in accordance with the European Code of Standards.
  7. To defend the independence of members from state or third-party control, attacks, harassment or any other threats to editorial independence or safety.
  8. To publish, distribute, commission or communicate in any form information about the purposes of the EFCSN, its members, or its fields of expertise.
  9. To design, develop, promote and maintain innovative digital tools and content in accordance with the Association’s purposes.
  10. To study or commission studies or surveys of public opinion about the forms, effects of and possible solutions to mis/disinformation and other forms of information manipulation.
  11. To organise meetings, lectures, conferences, workshops, broadcasts or courses of instruction and events in accordance with the Association’s purposes.
  12. To grant scholarships or any other kind of economic aid for the study, research and action of the Association’s purposes.
  13. To cooperate internationally in pursuing the Association’s purposes.
  14. To equally represent the voice and public policy positions of the EFCSN members, regardless of their country’s EU or non-EU membership status, in front of State, public and private institutions including but not restrained to: States, policymakers, lobbying officials, platforms, foundations, civil society organisations, research institutions and media organisations always in adherence to the European Code of Standards.
  15. To sign agreements of cooperation, collaboration, assistance or any other kind of engagement that is necessary to achieve the goals of the association with other organisations, firms, institutions or individuals.
  16. To employ and remunerate any person or firm who has been contracted to provide services to the association.
  17. To accept grants and to raise funds, in accordance with the European Code of Standards, in a diversified manner that does not compromise the independence of the EFCSN.
  18. To borrow money; give security for loans or other obligations; acquire or hire property of any kind; let or dispose of property of any kind; set aside funds for special purposes or as reserves against future expenditure; deposit or invest its funds in any manner in accordance with the European Code of Standards and this statute, and after obtaining such advice from a financial expert.
  19. To deposit documents and physical assets with any company registered or having a place of business in any EU council as custodian, and to pay any reasonable fee required.
  20. To insure the Governance Body and all of its members together with property of the Association against any reasonably foreseeable risk and take out other insurance policies to protect the Association when required.

Article 5: Freedom of performance

  1. At any given time, the Association will have full freedom to take actions towards achieving the purpose described in Article 3 not specifically described in Article 4.
  2. When taking such action not listed in Article 4, the Governance Body will need a unanimous vote to pursue such activity and to inform the Assembly in no less than 15 natural days since the decision was approved.

Article 6: Members

  1. Members of the European Fact-Checking Standards Network are organisations legally registered.
  2. There shall be at least 11 members one year after its registration and in subsequent years. The number of members is unlimited.

Article 7: Acceptance, dismissal and exclusion

  1. The Governance Body will approve the admission of members to the Association in accordance with the European Code of Standards for Independent Fact-Checking Organisations, which requires the interested organisation must fully comply with all the standards in Code. The interested organisation must submit an application that will undergo an assessment procedure. At the end of the procedure, each approved member receives a badge which must be published on its website. Members having received the badge will also be listed on the EFCSN website together with their application so that readers can check that they are members.
  2. Assessment procedure:
    • A. The Governance Body has the final word about membership. To be valid, the decision requires a qualified majority of ⅔ of the voting members of the Governance Body. For the decision to be valid, the voting members must be at least 50%+1 of the total members of the Governance Body. The decision is based on the “Criteria”, as set in article 7.3.
    • B. Before the vote, the Governance Body receives opinions of two external assessors, both unaware of the identity of the other one. The Governance Body will also seek opinion of members of the European Fact-Checking Standards Network from the same country as the applicant or, if there are no members from the same country, from the same geographical region, as described by the UN methodology that divides Europe into 4 subregions: Eastern Europe, Western Europe, Northern Europe, and Southern Europe. The decisions of the external assessors and the opinions of the members of the European Fact-Checking Standards Network from the same country/geographical region must address the “Criteria” set in article 7.3. and will be mandatory but not binding for the Governance Body.
    • C. Where an organisation works in multiple languages, it must provide evidence that it applies consistent standards across all languages. If such evidence is deemed sufficient by the Governance Body, the organisation will be assessed in at least two languages of the Governance Body’s choice. If the evidence is not deemed sufficient , separate assessments will be carried out for each language an organisation works in. All publicly disclosed requirements within the Code must be in all the languages the organisation works in.
    • D. The final decision of the Governance Body must be explained. The final outcome is publicly available. The possible final decisions are:
      • “Approval”, in case of full and definitive approval
      • “Pending decision”, if the Governance Body asks for more information from the applicant before taking a definitive decision
      • “Rejection”, in case of full and definitive rejection
    • E. The Governance Body must use its best efforts to ensure that the whole Assessment procedure is concluded in a period not more than 90 working days.
    • F. The Governance Body will keep a record of rulings on exceptional cases of access to ensure consistency in the application and interpretation of the Code across members.
  3. Criteria:
    • A. The applicant is a legally registered organisation, or a distinct operation within a legally registered organisation, and details of this are easily found on its website.
    • B. The operation or organisation is set up primarily for the purpose of fact-checking, as defined in the Introduction.
    • C. The applicant must have a substantial and demonstrable focus on one (or more) of the countries of the Council of Europe, plus Kosovo or Belarus.
    • D. Applicants must provide evidence to demonstrate they have published an average of four original fact-checks per month consistently over the previous year.
    • E. The applicant’s articles or investigations must primarily focus on claims related to issues that, in the view of the Governance Body, concern the public interest.
    • F. The applicant must be compliant with methodological standards, as set out in the European Code of Standards For Independent Fact-Checking Organisations.
    • G. The applicant must be compliant with the ethical standards, as set out in the European Code of Standards For Independent Fact-Checking Organisations.
    • H. The applicant must be compliant with the organisational and financial transparency requirements, as set out in the European Code of Standards For Independent Fact-Checking Organisations.
  4. In response to a rejection decision of the Governance Body, it is possible for the applicant to file an appeal form according to the following procedure:
    1. The appeal must be presented in the month following the rejection.
    2. The evaluation procedure for the appeal is the same as for the first access application, but the external assessors will be different individuals
    3. In case of rejection of the appeal, the applicant is not permitted to present a new application for the following 12 months.
  5. The membership to the Association expires 24 months after the official acceptance is granted unless exceptional situations as understood by the Governance Body. After this period of 24 months, the member is deemed to have resigned by right.
    1. To renew the membership it is possible to submit an application, at least 21 months after the last official acceptance.
    2. The application form, criteria, and procedure are the same as for the first application to join the Association.
    3. If significant changes occur in ownership or governance of an organisation already member of the Association, the organisation must notify the Governance Body in the following month. In this case, the Governance Body has the power to decide by consensus that a renewal is necessary, even before the scheduled expiration of the membership.
  6. Any individual or organisation that believes that a member significantly failed to fulfil the requirements of the Code, if the complainant is not satisfied by the organisation concerned, can submit a complaint for evaluation by the Governance Body. The Governance Body won’t examine issues related to a single publication unless it consists of a significant breach of the requirements of the Code.
  7. The Governance Body, when dealing with accusations of significant failures to comply with the Code, has the final word about compliance. To be valid, the decision on whether a violation has occurred requires a qualified majority of ⅔ of the voting members of the Governance Body. For the decision to be valid, the voting members must be at least 50%+1 of the total members of the Governance Body.
  8. Before the vote, the Governance Body must give the organisation accused of failing to fulfil the requirements of the Code the right to reply and defend itself, and seek the mandatory but not binding opinion of an external assessor as set out in the European Code of Standards for Independent Fact-checking Organisations. The opinion of the external assessor must address any failure to fulfil the requirements of the Code, its gravity and a proposed sanction or a spectrum of applicable sanctions. The final decision of the Governance Body must be explained. The final outcome is communicated to the interested parties in the following 7 working days, and it is made publicly available in an “Annual report”. The “Annual report” must be published in the first 6 months after the end of the relative year. The whole Compliance procedure must be concluded in no more than 60 working days and the Governance Body decision will be considered final and binding.
  9. The severity of the imposed sanction is always related to the seriousness of the breach of the Code. The possible sanctions, from the least to the most severe, are:
    • A private formal advice or reprimand that specifies the actions needed.
    • A private formal advice or reprimand that specifies the actions needed.
    • A public formal reprimand that specifies the actions needed.
      The suspension of the organisation’s right to vote in all the bodies of the EFCSN , for a period that ranges from 3 months to 3 years;
    • The suspension of membership, for a period that ranges from 3 months to 3 years.
    • The withdrawal of membership, and the prohibition to reapply for a period that ranges from 3 year to 5 years.
    • Repeatedly failing to comply with requirements of the Code with identical or similar behaviours is reason to impose more severe sanctions.
  10. The Governance Body may also decide on sanctions against a member organisation under the conditions set out in the European Code of Standards for Independent Fact-Checking Organisations, it being understood that only the Assembly may decide to exclude a member and/or on the prohibition for a member to reapply for a period that ranges from 3 years to 5 years
  11. Any member can withdraw from the Association at any time. The withdrawal does not give right to the reimbursement of the membership fees. All the ongoing contracts and obligations between the Association and the withdrawing member cease to apply for every contract and obligation where being a member of the Association is a pre-condition, unless it is decided otherwise by the Association and the departing member

Article 8: Cooperation

By joining, the members undertake to comply with the statutes of the European Fact-Checking Standards Network, to provide their loyal cooperation to the Association, and also to enforce this among their own staff and those who make journalistic contributions to their organisations.

Article 9: Composition of the Assembly

  1. The Assembly is composed of all the member organisations of the European Fact-Checking Standards Network, which will appoint a delegate, a secondary delegate and a tertiary delegate in a written declaration who can speak on behalf of the organisation.
  2. Every member organisation in the Assembly has one vote.
  3. The Assembly is Chaired by the Chair of the Governance Body or, failing that, by the Treasurer. The power can be delegated by any of them to another Governance Body member. In the provision that delegation is not possible, the oldest member of the Governance Body will chair the meeting.

Article 10: Powers of the Assembly and decision-making

  1. The Assembly has the powers expressly granted to it by the law and by this statute.
  2. The Assembly’s role in electing the Governance Body is outlined in Article 18.
  3. A decision of the Assembly, with a majority of ¾ of all the voting members, and a quorum of 50% + 1 of the total members, is required for:
    • A. The modification of the statute.
    • B. The voluntary dissolution of the association or its transformation.
  4. 50%+1 of the Assembly can call a vote of no confidence against the Governance Body. The vote will be scheduled no later than 30 natural days after receiving the petition and the Governance Body can be removed by ¾ of the Assembly with 50%+1 quorum. If this happens, the Assembly will appoint an Election Committee that will organise an extraordinary election following the procedure detailed in Article 18.
  5. The Assembly can expel a member for violating the European Code of Standards or this statute with a majority of 3/4 and a quorum of 50%+1. The Assembly will decide for how long the expelled organisation will not be able to request access. Such a period cannot be longer than 5 years.
  6. A decision of the Assembly, with a majority of 50%+1 of all the voting members, and a quorum of 50% + 1 of the total members, is required for:
    • A. Approval of the annual accounts and the budget.
    • B. Any other non-specified vote.
  7. If the Assembly does not reach quorum following the first convocation, the Assembly will be reconvened in the following 5 working days and the quorum will lower to 30%+1. If the quorum is not reached following the second convocation, the Assembly will be reconvened in the following 5 working days and there won’t be a quorum.
  8. The Assembly’s powers regarding the evolution and amendments of the European Code of Standards for Independent Fact-Checking Organisations are laid out in the European Code of Standards, which is as follows:
    • A. The first overall review will be done one year after the Code comes into effect for the first time; the second overall review will be done after 2 years after the first review; after that, overall reviews will be done every 5 years. These reviews will be approved by the Assembly.
    • B. If 2/5 of the members formally ask to review any part of the Code, at any time, the Governance Body will organise such a review within the following 6 months.
    • C. Every 12 months after the Code comes into effect, the Governance Body will report to the members on any areas of the Code that can be improved, and propose changes to that effect, specifying which changes are considered “major” or “minor”. The minor changes are approved by the Governance Body as detailed in article 16.5 of this statute. The “major” changes to the Code will be approved by all the members, with a qualified majority of ¾ of all members. For the decision to be valid, the voting members must be at least 50%+1 of all the members. Any organisation can challenge the decision of the Governance Body, about a change being “minor” or “major”, in the following 15 days. In the following 15 days the Governance Body will inform all the members of similar challenges, and of the possibility to support them. If the challenges are supported by a minimum of 1/5 of all the members, the Governance Body will requalify the changes accordingly and follow the relevant procedure. If there are no challenges, or, if 15 days after the Governance Body’s decision, the challenges aren’t supported at least by 1/5 of the members, the Governance Body will vote on the minor changes in the following 15 days.
    • D. The members can propose changes and assessments of effectiveness for the Code, at any time, through a dedicated email address.
  9. All the votes within the Assembly will be public and recorded.

Article 11: Convocation of the Assembly

  1. The Assembly gathers at least once a year. Members can attend either in person or remotely. Convocations may specify when remotely is the only option.
  2. The convocation, together with the agenda, is sent by the Governance Body at least 21 natural days before the date. The convocation and its agenda can be sent via email to the appointed delegates by each organisation.
  3. Members can propose items for inclusion into the agenda with the support of at least 1/20 of the members in the following 10 natural days after the agenda has been sent.
  4. The European Fact-Checking Standards Network may hold an Assembly at the request of ⅖ of the members. In this case, the Governance Body must send the convening notices in the 21 natural days following the request, and the Assembly is held in the 40 natural days following the request.
  5. Whenever possible, the convocation contains proposals of resolutions. Resolutions adopted by the Assembly are sent by email to the members, within 30 natural days after they were adopted.
  6. The Governance Body can call an extraordinary Assembly in the event one or more urgent decisions have to be made, and these decisions fall into the powers of the Assembly as described in Article 10 of this statute and in the law. The convocation of an extraordinary Assembly shall be sent at least 2 natural days before the date. The convocation shall contain a motivation of the urgency, as well as the proposals of resolutions.
  7. Communications between the Governance Body, the Assembly and the respective members are via email, unless the law provides otherwise.

Article 12: Minutes

Minutes are taken of each Assembly meeting and sent to the members no more than 30 natural days after the meeting.

Article 13: Composition of the Governance Body

  1. The Governance Body is composed of 11 members elected by the Assembly (see article 18).
  2. The mandate of the members of the Governance Body lasts 3 years.
  3. In order to be eligible as a member of the Governance Body, a person must:
    • A. Have legal capacity in Belgium and in its country of origin.
    • B. Being a senior member of a member organisation of the EFCSN for the duration of the mandate.
    • C. Not have been, in the previous two years, affiliated with any organisation that can reasonably be seen as being in a conflict of interest with the EFCSN or its members, in the judgement of a qualified majority of 2/3 of the votes of the Governance Body.
    • D. Not have been, in the previous two years, a member of the staff of EFCSN.
    • E. Organisations must ensure that their candidate has not engaged in behaviour that can potentially harm the reputation of the EFCSN.
    • F. Make themselves available for the Chair and Treasurer position.
  4. The members of the Governance Body, when acting as such, represent only the EFCSN and act according to the aims and objectives of the EFCSN. They do not act on behalf of their organisations of provenance nor of any other member.
  5. Each member organisation of the EFCSN cannot have more than one member of the team serving in the Governance Body.

Article 14: Chair and Treasurer

  1. The Governance Body appoints among its members by a majority of all the Governance Body members that are present or represented, a Chair and a Treasurer.
    • A. Governance Body members can candidate themselves for Chair and Treasurer.
    • B. If none of the Governance Body members volunteer as a candidate, each Governance Body member will propose a preference choice for Chair and Treasurer and the members with the highest number of votes for Chair and Treasurer will be named.
  2. If the Governance Body is unable to reach a decision, the Assembly will appoint a Chair and Treasurer from the Governance Body member. Each member organisation will propose a preference choice for Chair and Treasurer and the Governance Body members with the highest number of votes for Chair and Treasurer will be named.
  3. The Chair and the Treasurer cannot make autonomous decisions without having informed with reasonable notice the other members of the Governance Body. However, the Governance Body can delegate some of its powers to the Chair and Treasurer. When delegating powers to the Chair or Treasurer, the Governance Body determines the ways it monitors and controls the actions of the Chair and the Treasurer.
  4. The Chair’s role and responsibilities are:
    • A. To serve as the primary representative of the Association publicly and as a point of contact for other stakeholders in relation to the EFCSN.
    • B. To encourage the Association to uphold the European Code of Standards.
    • C. To facilitate information and discussions among the Governance Body and the Assembly, as well as act as a liaison between the two bodies in order to facilitate smooth cooperation within the Association.
    • D. Any other responsibility defined by the law or within this statute.
  5. The Treasurer’s role and responsibilities are:
    • A. To serve as the primary steward of the financial resources of the Association by ensuring the adequate recording and reporting of the Association’s financial transactions and adherence to an annual budget; and perform all other duties authorised in this statute or as the Governance Body may authorise.
    • B. To submit the budget plan to the Governance Body which must approve the budget.
    • C. To ensure a balanced financial setup and to develop a system that prevents a majority share by any single donor.
    • D. Any other responsibility defined by the law or within this statute.

Article 15: Ethical Standards & Conflict of Interest of the Governance Body

  1. The Governance Body and its members must act in accordance with the ethical and transparency standards set in the European Code of Standards for Independent Fact-Checking Organisations, particularly those regarding non-partisanship and impartiality.
  2. The Governance Body’s actions must reflect the general spirit of the European Code of Standards for Independent Fact-Checking Organisations and its commitment to “excellence, integrity and accountability”.
  3. Without prejudice to article 9:8 of the Code of companies and associations, the members of the Governance Body must be recused from any discussions and decisions that present or can be perceived as presenting a conflict of interest for them, including but not limited to the following:
    • A. Discussions and decisions on complaints affecting the member organisation that employs them.
    • B. Discussions and decisions on the final allocation of competitive grant funding when the organisation that employs them is a finalist.
  4. The members of the Governance Body must be recused from any decision that presents or can be perceived as presenting a conflict of interest for them, including but not limited to the following:
    • A. Decisions on partnering with an institution they have been employed at in the last 5 years.
    • B. Decisions on the accession of a new member organisation that has employed them in the last 5 years.
  5. Any other discussion and/or decision that represents or can be perceived as a conflict of interest in opinion of a simple majority of the rest of the members of the Governance Body, which will decide whether the member of the Governance Body has to recuse from discussions and/or decision.
  6. In order to fulfill the duties given to the Governance Body by the European Code of Standards for Independent Fact-Checking Organisations, its members must dedicate enough time to prepare and participate in its discussions, and to carry out any other tasks delegated to them
  7. The members of the Governance Body must act on behalf of all of the EFCSN members and with their best interest in mind.
  8. The members of the Governance Body must not engage in any behaviour that could harm the reputation of the EFCSN, such as inappropriate or criminal conduct, including but not limited to violence, harassment or corruption.

Article 16: Powers of the Governance Body and decision-making

  1. The Governance Body has the power to perform all acts necessary or useful for achieving the purpose of the association as defined above. Excluded from its competence are the acts reserved by law, by the European Code of Standards for Independent Fact-Checking Organisations or by this statute to the competence of the Assembly.
  2. Unless specifically determined otherwise within this statute or the European Code of Standards, the Governance Body will make decisions by consensus, and, if that is not possible, by a simple majority vote. The quorum for any decision within the Governance Body is 50%+1.
  3. In addition to any powers outlined in the European Code of Standards and in other sections of this statute, the Governance Body has the power to enforce the activities listed in Article 4. With regards to Articles 4.14 and 4.15, the following procedure is in place:
    • A. When dealing with activities described in articles 4.14 and 4.15, ⅓ of the Governance Body can request a vote from the Assembly if consensus isn’t reached. Activities can then be pursued if approved by the Assembly.
      With regards to Article 4.15, the following procedure is in place:
    • B. Whenever the Governance Body, in considering the best interest of the public, its members and/or the purposes of the Association, arrives to an agreement of cooperation, collaboration, assistance or any other kind of engagement that can potentially include the members work collectively or individually, members shall retain the right to determine their involvement status.
  4. In regards to changes to the European Code for Independent Fact-Checking Organisations, the Governance Body will decide, at least once every 12 months, which proposed changes are “minor” and which are “major”, in a vote with a qualified majority of ¾ of the voting members of the Governance Body. For the decision to be valid, the voting members must be at least 50%+1 of the total members of the Governance Body. The member organisations of the European Fact-Checking Standards Network will be informed immediately after.
    • A. The “minor” changes will be approved by the Governance Body itself, with a qualified majority of 3/4 of the voting members of the Governance Body. For the decision to be valid, the voting members must be at least 50%+1 of the total members of the Governance Body.
    • B. The “major” changes to the Code will be approved following the procedure in Article 10.7 of this statute.
  5. The Governance Body can delegate its powers to a member of the staff or member of the Assembly with demonstrable expertise in the matter. If so, the Governance Body establishes a monitoring process in order to make sure that actions and/or decisions are in line with the Governance Body’s guidelines.
  6. The delegation of power does not deprive the Governance Body of the use of the power which has been delegated, nor to retake the delegated power.

Article 17: Transparency of the Governance Body Decision-making

  1. The Agenda of the Governance Body meetings will be circulated amongst the Assembly of members at least 7 natural days prior to the meeting.
    • A. ⅕ of the Assembly can propose to include an item to the agenda for the Governance Body to discuss in the following 4 natural days after the agenda has been sent to the Assembly. One representative will present the topic in front of the Governance Body for discussion.
  2. The Resolutions adopted by the Governance Body will be circulated amongst the Assembly members no later than 15 natural days after the meeting and will contain a record of the individual votes of the Governance Body members.
  3. Minutes are taken of each Governance Body meeting for record keeping and circulated amongst the Governance Body members no later than 15 natural days after the meeting.
  4. The Governance Body will enable a direct and accessible mechanism so that the members, either individually or collectively, can raise issues with the Governance Body regarding decisions that this body is going to take or has taken. Within 30 natural days after the issue has been raised, the Governance Body must assess the questions presented and respond appropriately and transparently to the requesting organisation or organisations.
  5. The Governance Body can call a meeting at any time in order to make a decision on the organisation of an extraordinary Assembly. Articles 17.2 and 17.3 apply to these meetings.

Article 18: Election of the Governance Body

  1. The election of the members of the Governance Body is democratic and transparent. Elections are set every 3 years.
  2. The date for the election is set by the existing Governance Body, maximum 3 months prior or after the 3rd anniversary of the election of the Governance Body
  3. All the member organisations of the Assembly have the right to submit one candidate for the Governance Body from the 45th day prior to the election until the 15th day prior to the election.
  4. All candidates must be members of the nominating member organisations and present along with its nomination their vision and motivation behind their candidacy.
  5. The candidates must not be outgoing members of the existing Governance Body that already served 2 consecutive full mandates.
  6. The Governance Body communicates to all the members, not later than 10 days before the election, a list of all the candidates who will be standing for election.
  7. The vote is secret, in writing and online.
  8. Elections are carried out using a single transferable vote system with a Droop quota. Each organisation ranks the available candidates in order of preference, submitting at least one preferred candidate. In order to be elected to a seat on the Governance Body, a candidate must receive a number of votes equivalent to floor (total number of valid votes / total number of seats +1) +1:
    • The number of seats available on the Governance Board is given by provision 13.1 of this statute.
    • Votes are counted according to the following method:
      • On the first round of counting, each candidate receives a first preference vote for each vote indicating it as first preference.
      • If a candidate meets the quota of first preference votes, the candidate is declared elected, and does not receive further votes.
      • When a candidate is eliminated, all first preference votes for that candidate shall be replaced by the vote’s first preferred candidate that is not yet elected or eliminated. All second preference votes for that candidate shall be replaced by the vote’s next preferred candidate that is not yet elected or eliminated, and so on.
      • If further winners are required, the candidate with the lowest number of first preference votes is eliminated. If there is a tie for the lowest number of first preference votes, then among these, the candidate with the fewest number of second preference votes shall be eliminated. If a tie persists, the procedure continues with third preference votes, et cetera. If a tie still persists, the candidate with the fewest number of original first preference votes, shall be eliminated. If a tie still persists, the procedures continue with original second preference votes, etc. Should a tie still persist, a candidate is eliminated by random draw. Multiple candidates are never eliminated simultaneously
      • This procedure of eliminating candidates and redistributing first preference votes continues until all winners are elected or the number of remaining candidates equals the number of winners (this may occur due to exhausted ballots, and those candidates shall be declared elected).
  9. The existing Governance Body informs the Assembly of all the votes expressed and of the final outcome of the election, not later than 15 days after the conclusion of the electoral process.
  10. The mandate of the elected Governance Body will begin not later than 30 days after the conclusion of the electoral process.

Article 19: Transition period

  1. The transition period will begin after the final approval of the European Code of Standards for Independent Fact-Checking Organisations and will end 2 years later in November 2024.
  2. During the transition period, the Governance Body is composed of 11 members: 5 members are the EFCSN Consortium Fact-Checking Members (Annex A), the other 6 members are democratically elected by the organisations that participated in the voting process of the first European Code of Standards (Annex B).
  3. The EFCSN Consortium Fact-Checking Members will register the Association and organise the first Governance Body election in accordance with Article 18. This does not deprive the EFCSN Consortium Fact-Checking Members to undertake the acceptance process as described in Article 7 once the full Governance Body has been elected, nor does it deprive them from their economic contribution as laid out in Article 28.

Article 20: Vacancies, resignations, removals and replacements of the Governance Body

  • If an elected member of the Governance Body becomes incapacitated, he/she will be replaced according to the following procedures:
    • If the period of absence exceeds one month up to 12 months, the outgoing member must nominate a substitute individual from the same organisation as a provisional replacement.
    • The provisional replacement in Article 20.1.A must be accepted by all the other members of the Governance Body by a ⅔ majority.
    • If the leave time exceeds a period of 12 months, the member must be permanently replaced by the non-elected candidate that received the next highest number of votes in the previous election according to the rules defined in Article 18.
  • If an elected member of the Governance Body resigns, they will be replaced according to the following procedures:
    • If the resignation is tendered when the next election of the Governance Body has to take place within the following 12 months, the outgoing member must nominate a substitute individual from the same organisation as a replacement for the remaining term of the Governance Body.
    • The provisional replacement in Article 20.2.A must be accepted by all the other members of the Governance Body by a 2/3rd majority.
    • If the resignation is tendered when the next election of the Governance Body has to take place later than the following 12 months, the member must be replaced by the non-elected candidate that received the next highest number of votes in the previous election according to the rules defined in Article 18.
  • Any elected member of the Governance Body can be removed against his/her will with approval of ¾ of the members of the Assembly for having failed to fulfil their obligations and/or Ethical Standards detailed in Article 15.
  • Given the circumstances explained in Article 20.3 , the removed Governance Body member will be permanently replaced by the non-elected candidate that received the highest number of votes in the last election according to the rules defined in Article 18.
  • Should the Chair become incapacitated, unable to fulfil their duties, resign from the Chair position, or removed from the Governance Body under circumstances outlined in Article 20.4, the Treasurer becomes interim Chair until the Chair is not incapacitated anymore, or until the appointment of a new Chair, no later than 42 days after the interim began.
  • Should the Treasurer become incapacitated, unable to fulfil their duties, resign from the Treasurer position, or removed from the Governance Body under the circumstances outlined in Article 20.4, the Chair becomes interim Treasurer until the Treasurer is not incapacitated anymore, or until the appointment of a new Treasurer, no later than 42 days after the interim began.

Article 21: Remuneration of the Governance Body

  1. Unless otherwise decided by the general assembly, the members of the Governance Body are not paid for their activities, but their eventual expenses related to their role are reimbursed by the EFCSN.
  2. Employees of the Association cannot be part of the Governance Body, but they can be invited to its meetings, and the Governance Body can delegate to them tasks and responsibilities, in the limits of the law.

Article 22: Advisory members to the Governance Body

Experts and advisors cannot be voting members of the Governance Body, but they can be invited to its meetings, in an advisory capacity. The Governance Body can decide at any time to add or remove seats for experts and advisors.

Article 23: Representation of the association

  1. The Governance Body represents the Association towards third parties and in court as plaintiff or defendant.
  2. The Association is also validly represented towards third parties and in court, as plaintiff or defendant by the Chair or the Treasurer of the Governance Body and any other member of the Governance Body acting jointly.
  3. The Association is also, within the limits of their mandate, validly represented by special proxy holders.

Article 25: Financial year and bookkeeping

  1. The financial year goes from 1st of January to the 31st of December.
  2. The Association will comply with Belgian law regarding the annual financial statements. In particular, the financial statements of the last financial year have to be approved by the General Assembly before the 30th of June.
  3. Annual reports are required to be submitted to the members of the association showing income, expenditures, and pending income. The financial records of the association are public information and shall be made available to the public.
  4. The Governance Body also produces a report in which they give an account of their management, and which is submitted together with the annual financial statements.
  5. Information about the funding model as well as a list of all individual donors can be obtained by the members of the association from the Treasurer at any time.

Article 26: Finance Committee

  1. If necessary, the Governance Body shall convene a Finance Committee, which includes at least three Governance Body members including the Treasurer.
  2. The Finance Committee, led by the Treasurer, is responsible for developing and reviewing fiscal procedures, fundraising plans, and the annual budget with staff and other board members.

Article 27: Resources

  • Entry fees for the application process
  • Annual membership fees
  • Donations, funding programmes and grants from public entities
  • Donations, funding programmes and grants from private entities and natural persons
  • Services to third parties within the scope of Article 4 of this statute

Article 28: Economic contributions by the members

  • The application process entails a non-refundable fee. Applications will not be considered unless the fee has been paid.
  • Additionally, an annual membership fee in accordance with the organisation’s annual turnover must be contributed. The maximum financial contribution for an organisation can be demanded to make is 10,000 € annually.
  • The Governance Body may, at any time, waive or lower these economic contributions under a reasoned decision.
  • A change to the membership fee model may be submitted by the Treasurer to the Governance Body, who will then consider the proposed amendment and put it to a vote in the Assembly.

Article 29: Liquidation

In the event of liquidation, the Assembly may appoint one or more liquidators. The Assembly shall in that case also determine the authority of the liquidator(s), as well as the conditions in respect of the liquidation.

The assets, after settlement of the liabilities, will be transferred to a non-profit Association with a similar or closely related purpose and/or activities.

Article 30: Internal rules

  • The Governance Body may issue all internal rules it deems necessary and proper.
  • The internal rules shall comply with article 2:59 of the Code of companies and associations.
  • The internal rules and any amendments thereto shall be communicated to the members [and are available on the association’s website].
  • The last approved version of the internal rules is the version approved on the 19th of December 2022.

Annexes

Annex 1: EFCSN Consortium Members

Consortium members and countries where operations are based:

  • Fundación Maldita.es contra la desinformación: periodismo, educación, investigación y datos en nuevos formatos (Spain)
  • Pagella Politica/ Facta News. The Fact-Checking Factory Srl – TFCF Srl (Italy)
  • Agence France-Presse (France)
  • CORRECTIV – Recherchen für die Gesellschaft gGmbH (Germany)
  • Demagog Association (Poland)

Annex 2: Organisations that participated in the voting process of the first European Code of Standards

Voting organisations and countries where operations are based:

  • 15min, Lithuania
  • AFP, France
  • Correctiv, Germany
  • Delfi, Lithuania
  • Demagog, Poland
  • Doğruluk Payı, Turkey
  • Deutsche Presse-Agentur (dpa), Germany
  • Eesti Päevaleht, Estonia
  • EFE Verifica, Spain
  • Ellinika Hoaxes, Greek
  • Factual.ro, Romania
  • FakeNews Tragač, Serbia
  • Fakt Yoxla, Azerbaijan
  • FaktaBaari, Finland
  • Faktisk.no, Norway
  • Faktograf, Croatia
  • Faktoje, Albania
  • france.tv, France
  • Full Fact, United Kingdom
  • Fundación Maldita.es, Spain
  • Georgia’s Reforms Associates, Georgia
  • Hibrid.info, Kosovo
  • Istinomer, Serbia
  • Källkritikbyrån, Sweden
  • Kallxo, Kosovo
  • Knack, Belgium
  • KRIK, Serbia
  • Les Surligneurs, France
  • Logically, United Kingdom
  • Media Development Foundation, Georgia
  • Metamorphosis Foundation, North Macedonia
  • mimikama, Austria
  • Newtral, Spain
  • Observador, Portugal
  • Open Fact-checking, Italy
  • Oštro, Slovenia
  • Pagella Politica/Facta, Italy
  • Polígrafo, Portugal
  • Pravda Association, Poland
  • Raskrinkavanje (Center for Democratic Transition), Montenegro
  • Re:Check, Latvia
  • Science Feedback, France
  • StopFake, Ukraine
  • STOP FALS!, Republic of Moldova
  • Teyit, Turkey
  • The Journal, Ireland
  • TjekDet.dk, Denmark
  • Verificat, Spain
  • VoxUkraine, Ukraine
  • Zašto ne (in representation of Raskrinkavanje and Istinomjer), Bosnia and Herzegovina