over dispute resolution, relied on the EMB for funding. Despite public calls
for it to be made independent of the EMB and other institutions of the
state, the General Election Law stipulated that it should be established by
the EMB and be administratively accountable to the EMB. This legislation
resulted in a bottleneck when the EMB failed to forward the Committee’s
draft budget to the legislature in due time, resulting in severe budget cuts.
One notable request that was cut by the EMB was the appointment of
election supervisors at the village level (one per village). This weakened the
Committee’s dispute resolution capacity. This scheme was later reinstated
by lawmakers and included in a subsequent law that governed the 2009
general elections.
258. Following the trend that courts should not be involved in administrative
issues, which are entrusted to judicial councils (on which usually only some of
the members are judges), administration, oversight and discipline of Mexico’s
federal Electoral Court (Tribunal Electoral del Poder Judicial de la Federación)
is entrusted to an Administrative Committee made up of the President of
the Electoral Court, who chairs it, a judge from its upper chamber, chosen
randomly, and three members of the Federal Judicial Council (Consejo de la
Judicatura Federal).
b) Independence and impartiality of the members of the EDRB
259. In order to impart justice in a manner that is absolutely faithful to the
mandate of the constitution and the law, it is not enough for EDRBs to enjoy
structural autonomy and functional independence. It is also necessary that
those who judge electoral matters act with absolute independence, impartiality
and professionalism in their individual capacity, without recognizing any
subordination to any interest or will other than those stated by law. The
mechanisms for guaranteeing the independence and impartiality of the
members of the EDRB are shown in box 6.4.
Box 6.4. Guarantees for the independence and impartiality of the
members of the EDRB
• Establishing their independence and impartiality in the constitution
• Procedure for selection and appointment
• Requirements for suitability and professionalism
• Stability and career service
• Appropriate remuneration
• Incompatibility with holding other positions
• Provisions for standing aside from a case where impartiality may be questioned
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