for the imposition of some sanction (criminal, administrative or civil) for
wrongful conduct. Thus the election laws of several countries establish not
only the powers and functions of the EDRB and its members, but also its
obligations and responsibilities, including mechanisms of accountability.
Box 6.9. Framework of accountability and liability for the EDRB
and its members
• Transparency in and publicity for work of the EDRB
• Accountability of the EDRB
• Liabilities and accountability of the members of the EDRB
i) Transparency and publicizing of the work of the EDRB
311. Transparency on the part of an EDRB in the performance of its
adjudicating function and administering the public resources allocated to it
is fundamental to the credibility of the EDR system. Even when it is not
provided for legally, it is recommended as good practice.
312. Often the requirement to publish extends not only to electoral judicial
rulings but also to the proceedings of the sessions in which they are made.
Some examples of good practice include those in which EDRBs have agreed
to broadcast their public sessions in real time through the Internet, or post
their judgements on their website as soon as they are issued, along with the
judicial criteria that establish binding precedent where this is applicable. In
addition, regardless of whether this is provided for by law or incorporated as
good practice, it is important to establish that once each matter is resolved any
interested person can consult the record of the EDRB in the public archive.
Transparency in the work of the EDRB provides a basis for demonstrating its
impartiality and increasing its credibility.
ii) Accountability of the EDRB
313. It is also fundamental to the credibility of the EDR system for EDRBs
to be accountable to society. Accountability means that an EDRB is
responsible for its activities, and should periodically provide public reports
on its performance and activities. These should demonstrate that it is acting
in line with the constitutional and statutory framework. They should also
demonstrate that it is abiding by ethical, administrative, financial and service
commitments and standards, including international ones where they exist.
314. In addition, EDRBs should provide public information on their
procedures, and on any resources they have used or are seeking, whether
these come from public or other sources. Such practices not only encourage
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