457. There has been little research on the scope for judicial review of political parties’ disciplinary acts, but it is thought to be extensive in the procedural or formal realm, although more limited in the material or substantive realm. 458. The disciplinary power that political parties have with respect to their members is part of their right to organize themselves, and in that sense part of the fundamental right to association. Each party regulates in its party statutes the grounds for which a member can be sanctioned with expulsion, as well as the procedure that must be followed for doing so. The main objective is to avoid any interference by public authorities, without implying that any party decisions of this kind are beyond the reach of judicial review. 459. Particularly in matters involving the exclusion of a member from an association, the fundamental electoral right to association includes the right of the member to remain in the organization so long as he or she does not engage in conduct that constitutes grounds or motive for expulsion as stated in the law or the internal statutes. This right may also be protected by the appropriate judicial bodies so as not to negate or diminish the exercise of a fundamental right of the member, especially as political parties, by constitutional mandate, have a dominant function as fundamental instruments for the political participation of citizens and the furtherance of democratic life (as in Spain). 460. In terms of procedural considerations, in order to prevent a member who is threatened with expulsion from being put in a defenceless position, an EDRB – once it has been verified that the party statutes are in line with the constitutional and statutory framework – should verify: • whether the decision has been adopted by the correct organ; • whether it has followed the procedure established in the party’s internal rules; • whether that procedure has been carried out in such a way as to guarantee rights such as such as a person’s right to be informed of the charges brought against him or her, and the right to a defence (e.g. to be heard and produce evidence – in addition to the presumption of innocence); and • in general, the right to due process as provided by law or in the party’s internal statutes. 155 7. Basic elements of EDR systems before the EDRB against any internal actions and decisions of that party that he or she considers illegal or by which a right has been denied – particularly the right to political association if a person has been expelled from membership. In several countries it is a legal requirement that internal party decisions on the expulsion of a member respect the member’s right to a defence and the due process established either by law or in the party statutes.