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INSMLI

Institute for the History of the Liberation Movement in Italy Network of Institutes INSMLI

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• Charter

Charter INSMLI

(Approvation: General Council - December, 19th 2002)

Part I - General Principles

Art. 1 Constitution of the Association
The National Institute for the History of the Liberation Movement in Italy was established in 1949 and instituted on 28 January 1951 (by act of notary Marchetti, reference no. 8790) with the task – recognized with Act of law 16/1/1967, n. 3 – of collecting, preserving and studying the papers of the Resistance. In accordance with the Legislative Decree (D.Lgs) 460/1997 and the combined effect of articles 2 and 3 of the Delegated Legislative Decree n. 419 of 29/10/99, it is a non-profit-making, private association. It is a federative system treating equally the Institutes and associated bodies. It has its own legal status and administrative autonomy and takes the name of Ferruccio Parri, its founder and first president. The legal seat of the Institute is at Milan. The Institute is subject to the supervision of the Ministry of Cultural Assets and Activities.

Art. 2 Tasks and Objectives
The National Institute for the History of the Liberation Movement in Italy bases its activity on the inspiring values of the Resistance expressed in the Constitution of the Republic as well as on the ideals of antifascism, democracy, liberty, and cultural pluralism.
It is proposed, through the Institutes and the bodies associated with it, to:
a) preserve and honor their own documentary patrimony, of which the documents of antifascism and of the resistance are a substantial and prestigious part;
b) collect and preserve the individual and collective memories and study the connection between memory and contemporary history
c) collect, order, and make available to scholars, also in collaboration with the State Archives, sources for the study of national and international contemporary history;
d) promote research on contemporary history;
e) ensure communication and dissemination of the results of scientific research through the means considered most suitable at the time (publications, periodicals, conferences, seminars, exhibitions, audiovisual presentations, computer tools, etc.);
f) provide scholars with consultancy and cultural services useful to research, in the areas of archives, libraries, and teaching, also in collaboration with facilities of the Institutes and associated bodies;
g) carry out various activities, including training and refresher courses for teachers, research, mediation, and educational consulting - establishing collaborative relationships with the Ministry of Public Education, the scholastic institutions, and the world of the schools and promoting forms of communication and dissemination (editorial initiatives and computer facilities, lessons, courses, conferences, seminars, etc.);
h) provide means and support for professional training of young researchers;
i) provide services and carry out a directing, coordinating, and supervising roll in relation to the Institutes and associated bodies, while respecting their autonomy, in accordance with Act of law 16/1/67;
l) promote, also in collaboration with the University and other research bodies and institutions at the national and international level, the integration of services and research on contemporary history.

Art. 3 Institutes and Associated Bodies
The regional, provincial, interprovincial, and local Institutes for the history of the Resistance and of contemporary society as well as those non-territorial bodies already associated with INSMLI, which have approved this Charter at the assembly of first adoption or otherwise before the Charter was enacted, all belong to the Association by right.
The title of belonging to the Association is granted to all Institutes already associated in accordance with the Act of law 16/1/1967 n. 3 that have not adhered yet, as well as to those territorial historical Institutes, non-territorial bodies, public and private bodies that – registered as juridical persons in the prefectures or Regions or competent autonomous Provinces according to Decree of the President of the Republic (DPR) 361/2000 – share the values and ideals to which the National Institute aspires, pursue the same scientific scope, carry out similar activities, own an archive and book patrimony and undersign this Charter.
Each Institute or associated body maintains its own legal, scientific, operational, and managerial autonomy.

Art. 4 Enrollment, Withdrawal, Exclusion
The new enrollment of Institutes or bodies with the characteristics indicated in the preceding article must be decided by the General Council. Each Institute or body has the right to withdraw from the Association, communicating its decision to the General Council with advance notice of at least six months. Withdrawal takes effect from 1 January of the following year. To qualify for membership, each requesting Institute and body that is not already associated with INSMLI must meet the following requirements:
a) to have approved a Charter that shares the aims indicated in art. 2 of this charter and to carry out functions similar, in all or in part, to those of the National Institute for the History of the Liberation Movement in Italy -- if constituted as an association -- and to be internally organized on the basis of democratic criteria
b) to have institutional and managerial autonomy
c) to have an archive and library collection and carry out activities in the areas of research and teaching.
Following deliberation by the General Council, any Institute or body which is determined to have less than the requirements for admission, or which has committed serious violations of the charter and its inspiring principles, may be excluded from membership.

Art. 5 Property
The property of the association consists of the property of the public body, National Institute for the History of the Liberation Movement in Italy, from which it derives, inventoried in accordance with art. 3, subsection six of the d.lgs. 419/99.

Art. 6 Participation Fees
For membership in the Association of the National Institute for the History of the Liberation Movement in Italy, the General Council may annually establish participation fees for the Institutes and associated bodies.


Part II - Organs of the Association

Art. 7
The following are organs of the National Institute for the History of the Liberation Movement in Italy:
a) the General Council,
b) the Board of Directors ,
c) the President ,
d) the Board of Auditors
The following are, furthermore, consultative organs:
a) the Scientific Committee;
b) the Conference of Directors of the Institutes and associated bodies.

Art. 8 The General Council
The General Council is composed of:
a) the legal representative of each Institute and associated body;
b) a representative for each of the following Ministries, on the basis of Act of law 16/1/67: Cultural Assets, Defense, Public Education.

Art. 9 Tasks and Responsibilities of the General Council
The General Council:
a) sets the direction of general, cultural, scientific, and economic policies of the Body and supervises their implementation;
b) elects the President of the Institute;
c) elects the Vice President, who substitutes the President in case of impediment or necessity, and seven members of the Board of Directors with expertise in the sectors of activity of the Institute;
d) approves annually the program of activity prepared by the Board of Directors;
e) determines the annual fees for participation of the Institutes and associated bodies;
f) each year by the end of April (or if there are particular reasons for delay, by the end of June) approves the financial reports for the previous year, and by the end of December, approves the budget presented by the Board of Directors;
g) decides on the enrollment of new Institutes or bodies and on the exclusion and withdrawal of members;
h) nominates the Board of Auditors and its substitute members;
i) sets general criteria for the operational improvement of the offices and services of the Institute;
l) nominates honorary members who participate in the General Council with a consultative vote;
m) provides indications for the composition of the scientific committee;
n) approves modifications to the Charter and its dissolution with an absolute majority.

Art. 10 Meetings
The General Council is convened by the President of the Institute who formulates the agenda for the day and presides over the proceedings.
Each member – if unable to participate – has the right to indicate a delegate, chosen in the managing body of the Institute.
Meetings are held at least twice annually and when, from time to time, the Board of Directors considers it necessary or ten percent of its members request it.
The General Council is validly constituted, in first convocation, with the presence of at least half of its members and, in second convocation, whatever the number of its members present.
Decisions are enacted with an absolute majority of those members present. Only decisions regarding possible modifications to the charter require the absolute majority of the entire General Council.
The minutes of the General Council are signed by the President and by the Executive Director (Direttore Generale) who acts as secretary.

Art. 11 The Board of Directors
The Board of Directors is composed of the President of the Institute, who presides over it, the Vice President, and seven Directors.
The Executive Director and the Scientific Director, whose opinions in their respective areas of competence is mandatory, participate without voting rights. The members of the Board of Directors, nominated by the General Council, can be selected from outside the General Council itself.
The term of the Board of Directors lasts three years, and its members cannot serve more than two consecutive terms.
The substitution of members of the Board of Directors who leave before the end of the term is the responsibility of the General Council. Members nominated in this manner serve only to the normal end of the current Board of Directors term.

Art. 12 Responsibilities of the Board of Directors
The Board of Directors is the executive organ of the Association and is convened by the President of the Institute who formulates the agenda and presides over its proceedings. The Council is validly constituted with the presence of more than half its members and decisions are taken by majority vote.
The minutes of the sessions are signed by the President and the Executive Director, who acts as secretary. It is the responsibility of the Board of Directors to:
a) elaborate work programs and prepare plans and proposals for measures to submit to the General Council, including the budget and financial reports;
b) nominate the Executive Director and the Scientific Director by qualified majority;
c) nominate the Scientific Committee and, when appropriate, other consultative Commissions by qualified majority;
d) nominate the Work groups;
e) elaborate and approve regulations for better functioning of the offices and services;
f) arrange acceptance or rejection of bequests and donations;
g) decide on internal and external controversies, and authorize the President to sit in judgment;
h) the Board of Directors can grant special duties to its members.

Art. 13 The President
The President is the legal representative of the Institute. His responsibilities include:
a) to convene and preside over the General Council and the Board of Directors, setting the agenda;
b) to oversee the administrative, cultural, and scientific management of the Institute;
c) responsibility and care for the activities and initiatives of the Institute in conformity with the aims of the Charter and the directions of the General Council and the Board of Directors.

Art. 14 The Scientific Committee
The Scientific Committee is composed of a maximum of 12 scholars, nominated by the Board of Directors.
It remains in effect for the same term as the Board of Directors. Sessions are convened and presided over by the Scientific Director.
The Scientific Committee has the task of elaborating research programs and of overseeing their implementation. In particular:
a) oversees the annual scientific program;
b) proposes to the Board of Directors research projects in the historical and educational fields and the collection and criteria for preservation and classification of archival and book-related documentation;
c) proposes to the Board of Directors initiatives for research and publications of a historiographical or educational character and for high-quality general distribution;
d) proposes to the Board of Directors initiatives, exhibitions, conferences, and whatever other activities serve the aim of fulfilling the statutory scope of the Institute. The Advice of the Scientific Committee may be requested any time the organs of administration consider it appropriate.

Art. 15 The Conference of Directors
The Conference of Directors is established to better organize the cultural, scientific, and common-service activities of the network of Institutes and bodies associated with the National Institute for the History of the Liberation Movement in Italy. It consists of the Directors of each of those same Institutes and bodies, or their delegate.
The Conference is a consultative organ and is convened and presided over by the Scientific Director of the National Institute for the History of the Liberation Movement in Italy.
The advice of the conference must be requested any time projects or initiatives which directly involve the activity of all or some of the Institutes or associated bodies in the network are discussed, or when the organs of administration consider it appropriate.

Art. 16 The Scientific Director
The Scientific Director coordinates, harmonizes, and supervises the scientific activity of the Institute, paying particular attention to the accomplishment of proposals advanced by the Scientific Committee and by the Conference of Directors and decided upon by the competent organs of the Association wherever they concern scientific activity. The Scientific Director participates without voting rights at the meetings of the Board of Directors and presides over and coordinates the Scientific Committee and the Conference of Directors.


Part III - Organs of Management

Art. 17 The Executive Director
The activity of ordinary administrative management of the Association is carried out by the Executive Director on the basis of directions from the General Council and in fulfillment of the decisions of the Board of Directors and directives of the President, in observance of criteria dictated by the Charter and regulations.
To him are, likewise, granted powers of coordination.
The Executive Director, who carries out the function of Secretary of the General Council and of the Board of Directors, is responsible for carrying out management activities.
In particular, the Executive Director is responsible for the organization of the human and financial resources and facilities at the disposition of the organs of the Association.
In the sphere of his own responsibilities, the Executive Director is vested as legal representative, within the limits of his own powers.

Art. 18 Staff
On the basis of the combined outcomes of art. 7 Law 3/1967, of art. 3 subsection 1 third phrase of d.lgs. 419/1999 - not applying the reduction of 10% in accordance with subsection 13 art. 456 TU approved with d.lgs. 297/1994 -- and of art.26 I. 448/1998, of the Decree of the Ministry of Public Education 20 October 1986 rec. at the Corte dei conti 14 March 1987, the Institute avails itself (also at the associated Institutes) of a contingent of comandati (staff loaned on temporary assignment) from public education and additional comandati from DI 5.6.1997, 28.7.1998, 2.7.1999 renewable in accordance with DM 23 May 2002, in the number of aforesaid provisions forecast.
It can avail itself of additional comandati (staff loaned on temporary assignment) from the public administration or private bodies, by power of the appropriate agreements, to engage them in activities pertaining to their professional profile, also at the associated institutes.
The National Institute for the History of the Liberation Movement in Italy can avail itself of employees, consultants, and grant-holders or interns. It may as well employ volunteers that – sharing the spirit of the Association – give their services without receiving any remuneration.
The forms and modes of organization and management of the internal structure are determined by appropriate regulation.
In order to carry out its scientific and cultural activities, the Association can also award jobs to experts.


Part IV - Internal Auditing

Art. 19 Auditing Principles
The budget, financial statements, and accounting documents, produced in accordance to the art. 9 lett. F, must be prepared in a manner which encourages their reading for programs and objectives, in order to permit, economic and operational auditing, in addition to financial auditing.

Art. 20 The Board of Auditors
The Board of Auditors is composed of 3 regular members and 2 substitutes. The General Council nominates 2 of the regular members and the 2 substitutes that will take over in case of cessation. All the four members are enrolled in the appropriate register. The third regular member is nominated by the Ministry of Cultural Assets and Activities.
The President of the Board is nominated by the General Council.
The Board of Auditors remains in office 3 years and keeps watch over the accounting and financial regularity of the management of the Association and certifies the consistency of statements with management results, drawing up appropriate reports to present to the General Council at the time of final budget approval.


Part V - Financial Period

Art. 21
The financial period runs from 1 January to 31 December.
The budget and financial statements, together with the economic and financial account, are presented with appropriate reports by the Board of Directors and the Board of Auditors to the General Council that – every year – will approve the financial statements within the month of April (or, in case of particular reasons, within June), and the budget within December.
Within the month following approval, aforesaid documents are transmitted to the Ministry of Cultural Assets and Activities with the relevant attachments.

Art. 22 Participation Fees and Contributions
The expenses of the Institute's operations are paid for through:
a) the potential imposition of annual fees on the Institutes and associated bodies;
b) the regular contribution of the State;
c) potential extraordinary contributions by the State, and recurrent or single contributions by public bodies or by private bodies or persons;
d) income derived from activities and services given;
e) Grants, donations, incomes, bequests, and the like from third persons and associates.

Art. 23
The Institute has an unlimited duration. Its possible dissolution is to be decided by the General Council, which will appoint one or more liquidators and decide on the transfer of any property to the State Archives.


Part VI - Final Arrangements

Art. 24 Regulations
Within one year of the approval of this Charter, regulations must be prepared for the operations of the statutory organs, for the organization of services, and for accounting practices.


Part VII - Provisional Norms

Art. 25
In accordance with art. 13, fourth subsection of the d.l. n. 419 29/10/99, the operations of preexisting organs is extended until the appointment of newly instituted organs. Such appointment must occur by 31/12/2001.

Art. 26
The co-opted members existing at the date of enactment of this Charter become honorary members and maintain such status, moreover, with the rights and obligations envisioned in this Charter.

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