315. Some systems expressly oblige EDRBs to submit reports to the legislative
or judicial branches on both the performance of their adjudicating function
and the administration of the public resources allocated to them. These are
subject to oversight through the competent government bodies. Even when
this is not provided for by law, the timely provision of this information to the
public is recommended as good practice.
iii) Liability and accountability of EDRB members
316. The liability framework normally has two aspects: (a) it is a guarantee for
the members of the EDRB that they can be removed only after a procedure
in which some improper or wrongful conduct on their part is demonstrated;
and (b) it is an institutional guarantee, as it provides for mechanisms for
imposing some penalty or disciplinary measure and even removing members
when they engage in improper or wrongful conduct in the performance of
their functions. In addition, although not very common, civil liability may
attach stemming from the damage caused by a wrongful act or what is known
as ‘judicial error’.
317. Immunity from prosecution is commonly provided for the members of
the top-level organ of the EDRB during their term of office. Thus, a criminal
action against such a member must have been previously authorized by the
legislature (generally the lower chamber, as in Argentina, Brazil, Costa Rica,
Guatemala and Mexico) or a high-ranking judicial body (as in Chile, where
such power is exercised by the Court of Appeal (Cortes de Apelaciones) in
Santiago).
318. Almost all the systems provide for a disciplinary framework for the
personnel of the respective EDRB, entrusting its application in the final
instance to the highest-level organ of the EDR system. In addition, in Latin
America it is common for the members of the supreme bodies of the EDR
system to be subject to a juicio político (political trial), equivalent to the US
institution of impeachment. This may take place before both chambers of
the legislature, as in Argentina, Mexico and the Dominican Republic.
An example of the process where the legislature is unicameral is that the
legislature indicts and the Supreme Court of Justice sits in judgement, as
in Costa Rica. A special majority is usually needed to convict. The accused
may have to answer directly to the Supreme Court for any alleged crimes or
misdemeanours committed in the performance of his or her functions, as is
the case in Panama.
111
6. Principles and guarantees of EDR systems
the proper administration of electoral justice but also help to generate trust
among the public and the parties that come before them, in particular the
political parties and political and governmental entities that allocate and
oversee the use of resources.