303. The possibility of the reappointment of members of the EDRB is often
considered healthy as it allows for periodic evaluation of performance.
This can give the opportunity to retain members who are professionally
apt and suitable while incorporating new members who bring new insights
and perspectives. However, this approach also carries a danger – the more
frequent the reappointment process, the more opportunities there may be for
the nominating body to control the appointments.
304. The stability of the EDRB itself is also important. There has been
an evolution away from temporary bodies, whose lifespan often coincided
with each election and the time needed to resolve any associated challenges,
towards the establishment of permanent bodies. This has been fundamental
to professionalizing and refining election procedures, and the lesson has been
learnt that both the financial and the political cost of improvisation often
turn out to be much greater than the cost of a permanent body.
305. A ‘career electoral judicial service’ is provided for in several countries,
which acts as another structural guarantee which may promote stability
and professionalism. It is characterized, among other things, by competitive
or objective procedures for the recruitment, promotion and retention of
the electoral service personnel. It is often good practice for vacancies in the
top-level organs of an EDRB to be filled by professional personnel from
within the ranks of the EDRB. This acts as a significant stimulus to permanent
professional development and good performance. It also helps to maintain
institutional memory and prevent EDRBs from having to bear the costs of
learning that would accrue if their members and support staff were renewed
in full. For example, the Electoral Court of the Judicial Branch of the
Federation of Mexico has often conducted the recruitment of law clerks
through public competition. There is a permanent training programme. Ten
out of 15 regional electoral magistrates in post in mid-2010 had been law
clerks at the Electoral Court before their appointment by the Senate, a process
which involves the nomination by the Supreme Court of three candidates for
each vacancy following a public advertisement and nomination hearings.
v) Appropriate remuneration
306. As a structural guarantee for the members of the EDRB, several EDR
systems provide as a matter of principle, drawing on the Anglo-American
tradition, that the remuneration of the members may not be cut while they
are performing their functions. This is particularly the case for those who are
part of the judicial branch; it may also be true for members of constitutional
courts or councils and of administrative courts.
307. Although it is not always set down in law, it is often a matter of public
policy that the members of the EDRB receive remuneration appropriate
108