the existence of autonomous constitutionally created bodies that are not part
of any of these three branches of government.
240. Although the discussion below deals with the structural guarantees that
are generally conferred by the constitutional order in most of the judicial
EDR systems, it often focuses on guarantees with respect to the specialized
electoral courts that are found mainly in Latin America.
Box 6.2. Guarantees of the independence of EDRBs
• Independence is provided for in the constitution
• Functional independence
• Administrative and, in some cases, financial independence
i) Constitutional and statutory provisions for the independence of
EDR systems
241. Constitutional or statutory provisions often expressly establish that
EDRBs enjoy autonomy or independence in the performance of their
functions. Given the importance of the work of EDRBs, their functional
independence is essential.
242. EDR systems entrusted to regular courts which are part of the judiciary
(see paragraphs 170–176) frequently have their independence established in
the constitution. Examples include: ‘The courts and tribunals shall constitute
a separate power and shall be independent of other branches of power’
(Poland); ‘Courts are independent and subject only to the Constitution
and the law’ (Timor-Leste); ‘No law shall be passed reorganizing the
Judiciary when it undermines the security of tenure of its Members’ (the
Philippines); ‘Judiciary power shall be independent. … Courts shall be
separated and independent in their work and they shall perform their
duties in accordance with the constitution, Law and other general acts,
when stipulated by the Law, generally accepted rules of international law
and ratified international contracts’ (Serbia). This independence may also
be established in a specific act or statute, such as the Federal Constitutional
Law on the Judicial System of the Russian Federation, which provides that
the ‘judicial power shall be separate and shall act independently of the
legislative and executive powers’.
243. Constitutional provisions on the independence of the judicial branch
also apply to an EDR system entrusted to constitutional courts which are part
of the judiciary (see paragraphs 181–182). For example, ‘The independence of
courts shall be guaranteed by the Constitution and laws’ (Armenia); ‘The
courts shall be independent and subject only to the law’ (Portugal); or ‘the
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