i) Establishing the independence and impartiality of EDRB members
261. Constitutional or legal provisions to entrench the independence of
EDRB members may for example:
• establish requirements of suitability for appointment as an EDRB
member;
• regulate the procedure for the selection and designation of EDRB
members in a way that ensures that they will not be bound by debts of
gratitude, fidelity or animosity to any individual or group;
• determine that EDRB members will be barred from deciding specific
cases in which there is a basis for considering that they have or may
be perceived to have a personal interest which may jeopardize the
objectivity and impartiality with which the court treats a litigant;
• ensure the long-term stability, predetermined by law, of the mandate
of those who sit in judgement, the amount of their salary, and the time
frames and terms and conditions of their appointment. These would
not be subject to change by a political or administrative decision of any
person or group, but only by a change in the law; and
• regulate the regime of accountability and liability by virtue of which
those EDRB members who abuse the public authority they hold may
be sanctioned.
Box 6.5. Constitutional provisions for the independence of EDRB
members
Regular court as EDRB
Article 35 of the Constitution of the Republic of Ireland:
‘All judges shall be independent in the exercise of their judicial functions and subject
only to this Constitution and the law.’
Article III Section 1 of the Constitution of the United States of America:
‘The Judges, both of the supreme and inferior Courts, shall hold their Offices during
good Behavior, and shall, at stated Times, receive for their Services a Compensation
which shall not be diminished during their Continuance in Office.’
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6. Principles and guarantees of EDR systems
260. The independence, impartiality and professionalism of the members
who make up EDRBs (whether judicial, administrative, international, ad hoc
or legislative bodies) may be guaranteed, among other general principles, by
entrenching them in the constitution or in statutes. Judicial independence
means not only resolving disputes lawfully, independently of any political
pressures that may be brought to bear, and in timely fashion, but also that no
other government bodies or political forces impose sanctions or reprisals on
honest judges who decide cases against them, or reward judges who resolve
them in a manner that is favourable to their political interests.