315. Some systems expressly oblige EDRBs to submit reports to the legislative or judicial branches on both the performance of their adjudicating function and the administration of the public resources allocated to them. These are subject to oversight through the competent government bodies. Even when this is not provided for by law, the timely provision of this information to the public is recommended as good practice. iii) Liability and accountability of EDRB members 316. The liability framework normally has two aspects: (a) it is a guarantee for the members of the EDRB that they can be removed only after a procedure in which some improper or wrongful conduct on their part is demonstrated; and (b) it is an institutional guarantee, as it provides for mechanisms for imposing some penalty or disciplinary measure and even removing members when they engage in improper or wrongful conduct in the performance of their functions. In addition, although not very common, civil liability may attach stemming from the damage caused by a wrongful act or what is known as ‘judicial error’. 317. Immunity from prosecution is commonly provided for the members of the top-level organ of the EDRB during their term of office. Thus, a criminal action against such a member must have been previously authorized by the legislature (generally the lower chamber, as in Argentina, Brazil, Costa Rica, Guatemala and Mexico) or a high-ranking judicial body (as in Chile, where such power is exercised by the Court of Appeal (Cortes de Apelaciones) in Santiago). 318. Almost all the systems provide for a disciplinary framework for the personnel of the respective EDRB, entrusting its application in the final instance to the highest-level organ of the EDR system. In addition, in Latin America it is common for the members of the supreme bodies of the EDR system to be subject to a juicio político (political trial), equivalent to the US institution of impeachment. This may take place before both chambers of the legislature, as in Argentina, Mexico and the Dominican Republic. An example of the process where the legislature is unicameral is that the legislature indicts and the Supreme Court of Justice sits in judgement, as in Costa Rica. A special majority is usually needed to convict. The accused may have to answer directly to the Supreme Court for any alleged crimes or misdemeanours committed in the performance of his or her functions, as is the case in Panama. 111 6. Principles and guarantees of EDR systems the proper administration of electoral justice but also help to generate trust among the public and the parties that come before them, in particular the political parties and political and governmental entities that allocate and oversee the use of resources.

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