319. Some countries impose an obligation on the members of the EDRB to
submit statements of their net worth at the beginning of and during their
period of office and at its conclusion as an accountability mechanism. Internal
oversight mechanisms should be established in the EDRBs to monitor the
performance of personnel and the budget. However, this should not exempt
the EDRB from external monitoring and control for accountability purposes,
for example through a Supreme Audit Commission or court.
320. While the members of EDRBs are independent, as they are not bound
by the orders of any superior authority or of any other authority, they are
always bound by the general provisions of the constitution and the law. The
guarantees of the independence of those who judge electoral matters do not
protect their specific or personal interests, but only their adjudicating function,
which must be carried out independently and impartially. The guarantees of
independence of an EDRB do not authorize its members to act beyond the
scope of their authority or give them impunity if they do. Those who judge
elections, like any authority, are entrusted with public powers which they
must exercise strictly within the limits established by law.
d) Integrity and professionalism of the members of the EDRB
321. The institutional integrity of an EDRB resides fundamentally in the
explicit and public commitment that is genuinely assumed and observed by
the members of its highest-level organ and by all its personnel to conduct
themselves with integrity in providing the electoral justice service.
322. Integrity means that the EDRB acts ethically and is strictly subject
to its constitutional and statutory mandates. The existence of strict policies
and practices and of codes of conduct for handling conflicts of interest will
encourage public trust in the integrity of the EDRB. Such codes of conduct
are discussed further in the IDEA publication Code of Conduct for the Ethical
and Professional Administration of Elections.
323. Strict and unwavering adherence to the principles of constitutionality
and legality in each and every one of its acts and decisions needs to be the main
commitment of every EDRB. This goes hand in hand with the independence
and impartiality of its members in decision making – they must act in an
absolutely ethical manner.
324. The legitimacy of an EDRB depends not only on its rulings and
judgements being properly grounded in the law, but also on the legal reasons
on which they are based being sufficiently explained to society. Legality,
certainty and objectivity in its decisions make the action of an EDRB
more predictable, which provides a wider degree of legal certainty and may
promote the consequent trust of society in its institutions. Explanations
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