QuotesQuotes based on international documents, law, and treaties
- "The recruitment process for investigators should also be independent from political considerations and subject to external oversight, to the extent that this serves to assist in the hiring of competent, independent staff and to protect against irregularities."
- "For this purpose, both the Constitution and current legal norms should provide for the functional, administrative, and financial autonomy of the institution responsible for electoral justice."
- "It is the duty of the legal authority to hear and study the arguments presented. Likewise, all parties must be guaranteed the right to present evidence in support of their claims; and the respective authority has an obligation to weigh up the evidence and to evaluate the claims presented by both parties."
- "Therefore, in order to guarantee the autonomy and impartiality of bodies responsible for electoral dispute resolution, their legal independence should be ensured at the highest possible level. Thus, the separation of powers must be established at the constitutional level, where it should be clearly stated that the electoral judicial body is independent of the Executive and Legislative branches and that it is not subordinate to either of these powers."
- "So as to guarantee the autonomy, independence, and objectivity of the justice operators, it is essential that the selection and appointment process be based on the personal merit and professional capacity of the candidates, giving importance to their experience and their suitability to the specific functions they are expected to perform."
- "There must be a catalog of evidence that can be presented before judicial authorities. It should be comprehensive, including evidence such as documents, testimonies, and expert witnesses. The basic inadmissibility of certain evidence should be accounted for in the law."
- "The system of electoral justice should contain norms that uphold the principles of public accountability and transparency. All information regarding legal resolutions and the sessions in which they were issued should be made public and communicated in a language that is simple and accessible to facilitate the understanding of those who are not familiar with the specificities of electoral systems."
- "In order to impart justice in a manner that is absolutely faithful to the mandate of the constitution and the law, it is not enough for EDRBs to enjoy structural autonomy and functional independence. It is also necessary that those who judge electoral matters act with absolute independence, impartiality and professionalism in their individual capacity, without recognizing any subordination to any interest or will other than those stated by law."
- "The public’s trust in an EDRB is strengthened when the constitution or statute that established it contains: - transparent mechanisms for selecting and appointing its members, or at least those of its highest-level organ, based on the merits of the candidates and according to gender- or ethnic-based inclusiveness criteria, and ensuring that they will not be bound by debts of gratitude, fidelity, or animosity with respect to any individual or group."
- "The law generally establishes a predetermined term of office for judicial positions which cannot be reduced or prolonged except by provision of law. This consolidates the independence of those who judge electoral matters: they cannot be dismissed or removed for having handed down decisions that do not please, or are considered inconvenient by certain political parties or individuals."
- "Often the requirement to publish extends not only to electoral judicial rulings but also to the proceedings of the sessions in which they are made. Some examples of good practice include those in which EDRBs have agreed to broadcast their public sessions in real time through the Internet, or post their judgements on their website as soon as they are issued, along with the judicial criteria that establish binding precedent where this is applicable."
- "The EDRS should guarantee the right to a defence or to a hearing on a challenge both to the complainant and to the person or body complained against. This includes both the opportunity to make their arguments and the obligation on the EDRB to hear and study them."