Our rules of procedure

Rules of Procedure dated June 29, 2024

These rules of procedure set out the rules for the functioning and organization of the political party FOKUS. They apply to all members and bodies of the party.

  1. The rules of procedure set out the rules for internal organization, decision-making bodies, discipline and election procedures within FOKUS.
  2. It applies to all members and instances of the party without exception.
  3. It is valid from the date of adoption by the National Committee and remains valid until a newer version is adopted.

  1. Membership of the party is open to any natural person who subscribes to the party’s principles and values and pays the annual membership fee.
  2. FOKUS. offers membership application forms both in electronic form on its website and in printed form. The use of these application forms is recommended but not mandatory. In principle, a motion / request for membership can be made in any form as long as it contains the identity of the person making the request and the associated contact information.
  3. FOKUS. requires each member’s full name, postal address, date of birth and contact details (telephone, e-mail, etc.) in order to register as a party member. If this information is not provided in the membership application, the secretariat will contact the new member to obtain the missing data. If contact details are missing, the motion / request will not be processed.
  4. Acceptance or rejection of a motion / request for membership is made by the Executive Committee on behalf of the National Committee. An application for membership may be rejected without stating reasons.
  5. In the event of a rejection, the rejected member may contact the National Committee in writing to have the rejection reviewed. The National Committee makes a final decision on the rejection or acceptance of the application for membership.
  6. Members of FOKUS undertake to pay the membership fee set annually by the National Congress.
  7. All members of FOKUS have the right to participate in the general activities of the party as well as in the national congress and the regional and local general meetings.
  8. Only members who have paid their membership fee at the time of the respective election are entitled to vote at all general meetings and to stand for open positions at the respective assembly / meeting.

  1. The National Congress is the highest body of the party. It meets once a year for an ordinary session.
  2. The resolutions of the National Congress are passed by a simple majority of the voting members present or represented, unless the Articles of Association or the Rules of Procedure stipulate otherwise.
  3. The agenda of the National Congress is set by the Executive Committee and communicated to the members at least 15 days before the date of the meeting.

  1. The National Committee and the Executive Committee are the party’s governing bodies. The members of these two bodies are elected by the National Congress for a term of office of two years.

  1. Luxembourg is divided into four regions or constituencies (North, Center, East and South). Each of these constituencies has a regional congress to which all members who live in that constituency belong and which meets once a year for an ordinary session.
  2. The regional committee of a constituency consists of at least one chair / presidency, a maximum of two vice-chairs, a secretary, a treasurer and a maximum of six elected members without special powers.
  3. The members of the regional committee are elected by the regional congress of the constituency for a term of office of two years.
  4. The chair / presidency of the Regional Committees are also members of the National Committee for the duration of their term of office.
  5. The regional committee is responsible for building and managing the party base in the country’s four constituencies, organizing party events and recruiting new members and suitable candidates for the local elections.

  1. A Section may be established in any municipality in the country, provided that at least five members residing in that municipality meet at a Section Meeting and elect a Section Committee from among their number, consisting of a Chair, up to two Vice-Chairs, a Secretary, a Treasurer and up to six members without specific areas of responsibility.
  2. The members of the Section Committees are elected by the relevant Section Assembly for a term of two years; the chair / presidency of the Section Committees are also members of the Regional Committee responsible for their respective Section for the duration of their office.
  3. Once a Section has been founded, the Section Assembly meets at least once a year at the invitation of the Section Committee.

  1. Working groups can be set up by the National Committee to deal with specific topics (e.g. economy, environment, social affairs). There are two types of working groups within FOKUS.
  2. A political working group deals with a specific subject area assigned to it by the National Committee. The task of a political working group is to draw up recommendations for the party’s election and policy programs. These working groups are dissolved once their tasks have been completed and can be re-established if necessary.
  3. An administrative working group is set up for the long term and takes care of administrative tasks for the party (e.g. the “Social Media” working group is responsible for the party’s presence on social networks).
  4. Each working group consists of voluntary members and is chaired by a chair / presidency, who is appointed by the Executive Committee and becomes a member of the National Committee for the duration of his/her term of office.

  1. The Council of Wise Men is a body that can be set up by the Executive Committee if necessary. The panel must be set up if it should be called upon by a member of FOKUS, as provided for in the Articles of Association.
  2. It is an advisory body that monitors compliance with the party’s values and principles and advises on strategic and ethical issues.
  3. The Panel of Eminent Persons consists of a maximum of 3 members who are appointed by the Executive Committee for a period of 2 years. The mandates of the members of the Panel of Eminent Persons may be extended.
  4. The Council of Wise Men shall only meet for special reasons at the request of a member, the Executive or National Committee or the National Congress.
  5. The statements of the Panel of Eminent Persons are advisory in nature and are not binding for any of the party committees, but should be taken into account accordingly when making important decisions.

  1. Unless the respective election meeting decides otherwise, elections and voting shall take place as follows:
    • Voting takes place either publicly using voting cards or anonymously using ballot papers. Both voting cards and ballot papers are issued to the participating members entitled to vote prior to the vote. If voting by proxy is permitted, a member may also receive more than one ballot paper or more than one polling card.
    • Elections for positions are always held anonymously using ballot papers that are distributed to the members before the start of the respective election meeting. This automatically means that applications for the respective positions must be submitted a few days before the start of the election meeting so that the ballot papers can be prepared accordingly.
    • Ballot papers with fewer votes cast than possible or with an exact number of votes are considered valid and the votes are allocated to the respective candidates according to the number of votes cast.
    • Ballot papers with no votes cast are counted as abstentions.
    • Ballot papers with more votes than the maximum possible number of votes are considered invalid and are not included in the election result.
    • The counted ballot papers are stored in a sealed envelope for at least 6 months to allow for any subsequent recounts.

  1. Elections to the National and Executive Committees take place even if there are no more candidates than advertised positions. In this case, the party members entitled to vote can vote “YES” or “NO” for each candidate to determine a percentage of approval.
  2. Candidates who receive less than 50% of the votes cast in such elections are deemed not to have been elected.

  1. As the members of the Executive Committee are elected directly by the National Congress, it is not possible to replace them without re-election. The following rules apply:
    • The resignation or dismissal of the President, Secretary General or Treasurer automatically leads to the convening of an Extraordinary National Congress, at which the vacant mandate must be filled.
    • However, in the event of the resignation or dismissal of the post of Party Spokesperson(not necessarily to be filled) or one of the Deputy Party Chairpersons, the Executive Committee may either appoint one of the elected members of the National Committee as successor for the remaining term of office or leave the post vacant.
  2. In the event of the resignation or dismissal of a member of the Panel of Eminent Persons, the National Committee may either appoint another party member to the Panel of Eminent Persons or leave the office vacant.
  3. In the event of the resignation or dismissal of mandate holders in all other bodies of the party, including the National Committee, the body concerned may appoint new mandate holders for the remaining term of office of the member who has resigned. The following rules apply:
    • If elections have already been held for the relevant body and there were more candidates than seats in these elections, the candidates who were not elected must be taken into account in the order of their results when the seats are filled.
    • If there are not enough former participants in the elections to renew the mandates, the body concerned may co-opt any other person who is eligible for the mandate.
  4. In all cases in which mandates are replaced due to the resignation or dismissal of mandate holders, the replacement shall only be made for the remaining term of office of the resigned mandate holder or until the new election of the relevant body(and not for the full term of office of two years).
  5. The resignation or expulsion of a party member from the political party FOKUS automatically entails the resignation from all mandates in all party bodies.

  1. The simultaneous resignation of more than half of the elected members of a body leads to the self-dissolution of the body concerned.
  2. In the event of such a self-dissolution of a body, the electoral assembly responsible for this body shall be convened for an extraordinary meeting as soon as possible in order to ensure a new election of the dissolved body.
  3. If a new election of the dissolved body cannot take place because there are not enough candidates or the number of members is not sufficient to convene an election meeting, the National Committee may decide to dissolve the body in question temporarily or permanently.

  1. The mandates of the elected members of the National Committee or the Executive Committee(in the Executive Committee these are the president, the two vice-presidents, the secretary, the treasurer and, if decided, a party spokesperson; in the National Committee these are the 12 directly elected members) as well as the vice-secretaries, vice-party spokespersons and representatives of the four constituencies co-opted to the Executive Committee automatically lose their validity due to new elections at an ordinary or extraordinary National Congress. The actual duration of these mandates may therefore deviate from the two-year period specified in the constitution.
  2. The loss of a party mandate automatically results in the loss of all mandates in all party committees that were obtained through this mandate.
  3. The National Committee may invite certain members of the party to attend meetings of the National Committee due to special circumstances. Such an invitation does not constitute a mandate or entail any voting rights and may be revoked by the National Committee at any time.
  4. Mandates that are awarded due to the resignation or dismissal of mandate holders are valid for the remaining term of office of the mandate holder who has resigned or been dismissed.
  5. The mandates of all other elected officers are valid for 2 years from the date of election or until the new election of the respective body.

  1. In order to ensure the continuity of party work during election campaigns, internal elections to party committees must not overlap with local, national or European elections. Therefore, no internal party elections should take place in the six months before and three months after such elections.
  2. Therefore, if internal party elections are due during this period(i.e. if the end of the two-year term of office falls within this period before and after the elections), the National Committee may decide that
    • either the term of office of the bodies concerned is shortened to such an extent that the dissolution of the body and its election are completed no later than six months before the elections concerned
    • or the term of office of the relevant bodies is extended to such an extent that the dissolution of the relevant body does not take place until at least three months after the respective elections.

  1. Article 2.2.3 of the Statutes stipulates that only retiring members of the National Committee may apply for a position on the Executive Committee.
  2. Nominations for the Executive Committee are made directly for one of the mandates to be filled(1 president, up to 2 vice presidents, 1 secretary, 1 treasurer and, if decided by the National Committee, 1 spokesperson).
  3. In the event of simultaneous elections to the National Committee and the Executive Committee, only those members of the National Committee who are in office at the time of the opening of the elective congress may therefore run for a seat on the Executive Committee.
  4. In the event of separate electoral congresses for the election of the National Committee and the Executive Committee, both active members of the National Committee and members who resigned from the National Committee at the last election may apply for a seat on the Executive Committee.

  1. In order to ensure continuity in the leadership of the party, it is stipulated in addition to the party statutes that candidates for one of the twelve(12) seats on the National Committee elected by the National Congress must have been an active member of the FOKUS party for at least one year on the day of the election and have fulfilled their obligation to pay membership fees during this period in order to be able to run for one of the mandates on the National Committee.
  2. The one-year membership requirement expressly does not apply to members of the National Committee who obtain their mandate on the National Committee through a mandate as chair / presidency of one of the four regional committees or as chair / presidency of one of the working groups, or to any co-opted or invited members.

Normally, elections to the National and Executive Committees are held consecutively at the same National Congress. In this case, the following modalities apply:

  • All candidates for a seat on the Executive Committee are automatically registered as candidates for a seat on the National Committee(unless the candidate in question expressly waives the right to apply for a seat on the National Committee).
  • The election to the National Committee takes place before the election to the Executive Committee.
  • If a candidate already elected to the National Committee is elected for one of the mandates on the Executive Committee, the next unelected candidate on the National Committee electoral list moves up to maintain the number of 12 elected members(this rule does not apply if there are not enough candidates and therefore not enough replacements).

If the elections to the National and Executive Committees are not held on the same day but are postponed, the following modalities apply:

  • In the National Committee elections, only the 12 elected members of the National Committee are newly elected. The mandates of members who sit on the National Committee via another mandate or who have been co-opted remain in place until the end of their term of office.
  • If a candidate who is already on the National Committee is elected to a seat on the Executive Committee, the next unelected candidate on the National Committee electoral list at the last election moves up to maintain the number of 12 elected members(this rule does not apply if there are not enough candidates and therefore not enough successors).

The National Committee is responsible for developing the party’s political positions and strategies and for drawing up election manifestos(Art. 3.2.6), which must then be approved by the National Congress(Art. 3.1.1).

  1. Working groups
    • To draw up the election manifestos, the National Committee sets up(or dissolves) working groups on the basis of the Executive Committee’s proposals and assigns them the subject areas for which the respective working group is to develop positions and strategies(Art. 6.1.1).
    • Each of these working groups has a chair / presidency(appointed by the Executive Committee, Art. 6.1.2) and a number of members(which may be limited by the National Committee if necessary, Art. 6.1.3) and works under the supervision of the party spokesperson(or the party president if no spokesperson has been appointed), who is the main point of contact for all matters of political direction(Art. 6.1.6 and 8.2.4). The chair / presidency of the various working groups automatically become a member of the National Committee (Art. 6.1.7) and remain so for the original duration of their term of office, even if a working group is dissolved(Art. 6.1.8).
  2. Election campaigns and candidates
    • For all election campaigns, the National Committee submits a plan based on a proposal from the Executive Committee that describes the goals and steps of the election campaign in detail(preliminary planning, appointment of a campaign team and a director, description of the tasks of the various participants, financial plan, communication plan, Art. 8.1.1).
    • On the basis of this plan, the working groups led by the party spokesperson(Art. 6.1.6 and 8.2.4) then prepare the election manifesto(Art. 8.1.2), which is then confirmed by the National Committee(Art. 8.1.3) and adopted by the National Congress(Art. 3.1.4).
    • The National Committee also nominates the candidates for the elections(Art. 3.2.6 and 8.2.1), from which the National Congress appoints the top candidate or candidates for the national or European elections(Art. 3.1.4 and 8.2.3).
  3. Sanctions against party members
    • The National Committee may initiate disciplinary proceedings against party members on the basis of a decision by the Executive Committee. Such proceedings may be initiated for serious and repeated violations of the Articles of Association or these Rules of Procedure or the Code of Ethics (“Code de Déontologie“) or for actions contrary to the vital interests of the party(Art. 2.1.4).
    • The possible sanctions against members under these disciplinary procedures may extend to expulsion from the party, the decision on the applicable and justified sanction in each case being the responsibility of the National Committee, taking into account the guidelines laid down for this purpose in these Rules of Procedure.
    • The National Committee may remove the chair / presidency, the secretary or the treasurer of a Regional Committee upon written motion / request of the Executive Committee stating reasons. The members of the Regional Committee then appoint a successor to the vacant position by secret ballot(simple majority of members present), whereby the member who has been voted out of office may not stand for re-election. The original term of office remains unchanged.
  4. Code of Conduct and Rules of Procedure
    • The National Committee may draw up, amend and adapt a Code of Ethics and Rules of Procedure by simple majority(and in compliance with the positions set out in the Articles of Association and the Program of Principles)(Art. 1.2.5). These documents or their possible amendments shall enter into force 14 days after their notification to the members (Art. 1.2.6).
  5. Members, co-optations and invitations
    • In accordance with Article 3.2.1 of the Articles of Association, the National Committee is composed of:
      • the members of the Executive Committee,
      • the chair / presidency of the regional committees,
      • the chair / presidency of the working groups and
      • the twelve(12) members elected by the National Congress.
    • The National Committee may co-opt or invite to its meetings any party member who holds or has held a public political office for the party(Art. 3.2.2).
    • In addition, the National Committee has the right to relocate the seat of the party(Art. 1.1.3), to extend the term of office of individual mandate holders for exceptional reasons(Art. 1.1.5) and to convene extraordinary national(Art. 3.1.3) and regional(Art. 4.1.3) party conferences.
  6. Further competencies
    • In addition, the National Committee has the following powers:
      • Transfer of the party’s registered office(Art. 1.1.3)
      • Extension of the term of office of individual mandate holders for exceptional reasons(Art. 1.1.5)
      • Convening extraordinary national(Art. 3.1.3) and regional congresses(Art. 4.1.3)
    • In addition, the National Committee may submit proposals on the structure of membership fees to the National Congress for a decision(Art. 2.1.6).
  7. However, the National Committee is not responsible for matters of finance, communication and day-to-day administration; these powers are assigned to the Executive Committee in the Articles of Association(Art. 3.3.1, 3.3.6 and 3.3.7). The Treasurer is responsible for finances and the President and Secretary General for administration(although these responsibilities can also be delegated).

  1. The Executive Committee is responsible for the finances, internal and external communication and day-to-day administration of the party(Art. 3.3.1, 3.3.6 and 3.3.7). In this context, responsibility for finances lies with the Treasurer, who reports to the National Congress on the financial situation(Art. 7.1.1), defining the communication strategy and communication is the responsibility of the President or, in election campaign periods, the party spokesperson, and the administration of the party is the responsibility of the Secretary General. All of these functions can be delegated.
  2. With regard to the exclusive responsibility for finances, the statutes provide for an exception. This exception concerns the budget available for election campaigns, which must be approved by the National Congress(Art. 3.1.4).
  3. In addition, the Executive Committee may, under certain conditions, request the National Committee to exclude members or remove proxies from regional and local committees(Art. 2.1.4 and 2.1.7) and to allow or refuse the participation of non-members without voting rights at National and Regional Congresses(Art. 3.1.6 and 4.1.4).
  4. The Executive Committee appoints the chairs of the working groups(Art. 6.1.2) and its members are entitled to attend all meetings of each working group(Art. 6.1.5).

  1. The powers of the National Congress are set out in Section 3.1 of the Constitution, primarily in Art. 3.1.4. According to this provision, the National Assembly is responsible for:
    • the approval and amendment of the Declaration of Principles or the Articles of Association.
    • the election of the members of the National Committee.
    • the election of the members of the Executive Committee.
    • the election of the top candidate for the elections.
    • the approval of election manifestos
    • approving the budgets for the election campaigns.
  2. Article 3.1.1 states that the National Congress is the highest organ of the party and as such determines the party’s political goals and measures.
  3. In addition, Article 2.1.6 states that the National Congress shall determine the annual membership fees on the proposal of the National Committee.

  1. The Code of Ethics is contained in a separate document. All members of the party recognize the principles laid down therein and undertake to comply with them.
  2. Any behavior that runs counter to the interests of the party or its values may be subject to disciplinary action.

  1. In the case of:
    • serious and/or repeated violations of the party’s statutes,
    • serious and/or repeated violations of these Rules of Procedure,
    • serious and/or repeated violations of the Code of Ethics, or
    • Actions contrary to the vital interests of the party,
  2. disciplinary proceedings may be initiated against the member concerned in accordance with Article 2.1.4 of the Articles of Association.

  1. Before disciplinary proceedings are initiated against a party member, the Executive Committee shall prepare a written file containing the allegations against the member concerned.
  2. The Executive Committee decides on the initiation of proceedings by a two-thirds majority of the members present.
  3. In the event of a decision to initiate disciplinary proceedings, the National Committee will be informed of the decision and its members will receive a copy of the file for information.
  4. At its next meeting, the National Committee shall decide on the initiation of proceedings by a majority of two thirds of the members present.
  5. If the decision to initiate disciplinary proceedings is confirmed by the National Committee, the member concerned will be informed of the initiation of the proceedings and will receive a copy of the file containing the accusations made against the member.
  6. In the event that the member himself is a member of the National or Executive Committee and is present in person at the relevant meeting, he may be informed of the allegations himself at that meeting and respond to them. A decision can then be made by the National Committee at the same meeting.
  7. In all other cases, the member concerned will be informed of the date of the National Committee meeting at which the decision on possible sanctions is to be taken. The member concerned may respond to the allegations either in writing or in person before the National Committee, at the discretion of the member concerned. In the event of a decision to appear in person before the National Committee, representation by proxy is not permitted.
  8. The member concerned may appeal against the National Committee’s decision to the Council of Wise Men. Such an appeal has no suspensive effect on any sanctions determined by the National Committee.
  9. The Council of Wise Men can either confirm the decision of the National Committee or refer the case back to the National Committee for a new decision.

In the event of disciplinary proceedings against a member, the following sanctions may be imposed:

  • In the National Committee elections, only the 12 elected members of the National Committee are newly elected. The mandates of members who sit on the National Committee via another mandate or who have been co-opted remain in place until the end of their term of office.
  • If a candidate who is already on the National Committee is elected to a seat on the Executive Committee, the next unelected candidate on the National Committee electoral list at the last election moves up to maintain the number of 12 elected members(this rule does not apply if there are not enough candidates and therefore not enough successors).

The sanctions to be imposed in the context of any disciplinary proceedings shall be decided by the National Committee.

The protection of our members’ personal data is a top priority for our party. The collection, processing and use of personal data is carried out exclusively in accordance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).

  1. Collection and use of data – The data provided by members will only be used for the purposes of party work, such as communication, membership administration, participation in internal party votes and events and for the administration of contributions.
  2. Confidentiality and security – All personal data will be treated confidentially and only made accessible to authorized persons within the party. Appropriate technical and organizational measures (such as encryption and secure storage) are taken to prevent unauthorized access, disclosure or loss of the data.
  3. Deletion of data – Personal data will be deleted as soon as it is no longer required for the fulfillment of the party’s tasks or at the request of the member, provided that there are no lawful retention obligations.

  1. Access to email systems – To ensure efficient communication within the party, authorized personnel can access email accounts, even without knowing the password assigned by the user. This only applies to email accounts that are used for party work and are under the administration of the party. Access is granted exclusively within the scope of party activities and after prior approval by the responsible party bodies.
  2. Purpose of access – Access serves to ensure the continuity of communication, e.g. in the event of personnel changes or technical problems. Each access is documented and the users concerned are informed in advance as far as possible.
  3. Duty of care and prevention of misuse – Access to e-mail accounts without a password may only be granted to authorized persons who have undertaken to maintain the confidentiality of the content. Any unauthorized use or disclosure of information from the e-mail accounts will be strictly sanctioned.

  1. These Rules of Procedure may be amended by the National Committee by a two-thirds majority of the members present or represented.
  2. Any proposed amendment to the Rules of Procedure must be sent to the members of the National Committee in advance together with the agenda for the relevant meeting.
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