281. In contrast to these cases, the composition of other specialized electoral
courts that are part of the judiciary does not provide for any involvement by
political parties in determining their membership. For example, the three
members of the National Electoral Chamber (Cámara Nacional Electoral) of
Argentina are appointed according to the constitutional reform of 1994 by
the President of the Republic with the consent of the Senate, from a binding
three-person slate proposed by the Judicial Council (Escuela Judicial). The
Superior Electoral Court (Tribunal Superior Eleitoral) of Brazil is made up
of at least seven members – three from the members of the Federal Supreme
Court (Supremo Tribunal Federal), two from the members of the Superior
Court of Justice (Superior Tribunal de Justiça) and two designated by the
President of the Republic from a list of six attorneys proposed by the Federal
Supreme Tribunal.
282. In some EDRBs entrusted to specialized electoral courts, EMBs or ad
hoc bodies where the majority or a minority of members are nominated by
political parties, the remaining members are designated in a manner similar
to the cases outlined above, either by the legislative branch (from its own free
nomination or at the proposal of the executive or the Supreme Court), or
directly by the Supreme Court. In some countries it is emphasized that the
members who are not appointed by political parties must act as the guarantee
of impartiality. In Uruguay, the appointment of such members requires the
approval of a two-thirds majority in both chambers.
283. Among the systems that provide for some participation by political
parties in the selection of EDRB members, this may entail (a) participation
that only involves making nominations – among several that vie for
consensus among the political forces or (b) participation that is tantamount
to designating a member or members. The latter case may give the advantage
that, because political party nominees are involved in decisions, they may
be seen as more acceptable by party members – and may be particularly
appropriate if there is nobody in society who is really perceived as
independent. However, this needs to be balanced against the risk that the
EDRB members may be seen as partial in favour of the political party that
nominated them in the performance of their functions. The credibility of
the EDRB may easily be affected, in that the sum of partial positions does
not necessarily add up to impartiality. A tendency may also develop for
technical decisions to have to undergo political negotiation, usually to the
detriment of the technical aspects.
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6. Principles and guarantees of EDR systems
Bundestag (the lower chamber of the Parliament) and half by the Bundesrat
(the upper chamber). The Constitutional Court of Portugal (Tribunal
Constitucional) is composed of 13 judges, ten of whom are appointed by the
Assembly of the Republic (Assembleia da República). These ten go on to elect
the remaining three.