Honorary Council

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A court of honor is often in clubs or associations encountered committee . As a special advisory board, it deals with internal matters that affect the members of the respective club or association, and it advises the board and the members. He can, for example, act as an arbitration tribunal in disputes with one another or behavior that is harmful to the association , but also in connection with awards in the sense of an honorary order . The Honorary Council acts independently of other bodies. Its precise powers are set out in the statutes regulated.

Normally a general assembly elects the honorary council members for a period of several years. Often there are special requirements attached to them, including a minimum period of membership in the club or association, a minimum age, a certain amount of experience in club work, special legal knowledge such as qualification for judicial office and, in order to maintain neutrality, a ban on the simultaneous exercise of others Club functions, for example an activity on the board. The Honorary Council becomes active either ex officio if it becomes aware of statutory violations or regulatory violations or behavior that is harmful to the association, or at the request of a member concerned, for example when it comes to contesting the decision of a committee.

In the case of internal disputes, for example between members and committees, the Honorary Council works towards an arbitration in a procedure in order to reach an amicable and out-of-court settlement before the proper legal process is taken. If the honorary council detects behavior that is harmful to the association or a violation of the statutes, it can also impose disciplinary penalties on members in a procedure as an association court in accordance with the statutes . Examples of this are reprimands and warnings , a fine, the temporary or final withdrawal of certain membership rights, event bans, removal from a committee and temporary or permanent exclusion from the association.

The basis for the establishment of an honorary council is § 25 BGB , according to which the association can set its own law - and thus an authority that regulates its enforcement. According to § 31 BGB, the association is liable for the consequences of the decisions of its organs, including the honorary council. State civil courts can review the decisions of the Honorary Council if a suit has been filed. The decisive factor in this review is whether the proceedings of the Honorary Council are supported by the Articles of Association, whether the underlying facts have been correctly determined and whether legal violations have occurred during the proceedings. Committees from other areas comparable to the honorary council include the arbitration board , the council of elders and the sports court .

literature

  • Bernhard Reichert: Manual of Association and Association Law . 14th edition, Cologne 2018, ISBN 978-3-472-08979-7 . contents
  • Kurt Stöber: Handbook on association law. 11th edition, Cologne 2016, ISBN 978-3-504-40039-2 . contents
  • Detlef Burhoff: Association law: A guide for associations and their members. 9th edition, Berlin 2014, ISBN 978-3-482-42989-7 .
  • Michael Röcken: Association statutes: Structures and patterns explained for association practice. 2nd edition, Berlin 2015, ISBN 978-3-503-16397-7 .
  • Thomas Baumann, Markus Sikora: Manual and form book of association law. 1st edition, Munich 2015, ISBN 978-3-406-64276-0 .