i) Establishing the independence and impartiality of EDRB members 261. Constitutional or legal provisions to entrench the independence of EDRB members may for example: • establish requirements of suitability for appointment as an EDRB member; • regulate the procedure for the selection and designation of EDRB members in a way that ensures that they will not be bound by debts of gratitude, fidelity or animosity to any individual or group; • determine that EDRB members will be barred from deciding specific cases in which there is a basis for considering that they have or may be perceived to have a personal interest which may jeopardize the objectivity and impartiality with which the court treats a litigant; • ensure the long-term stability, predetermined by law, of the mandate of those who sit in judgement, the amount of their salary, and the time frames and terms and conditions of their appointment. These would not be subject to change by a political or administrative decision of any person or group, but only by a change in the law; and • regulate the regime of accountability and liability by virtue of which those EDRB members who abuse the public authority they hold may be sanctioned. Box 6.5. Constitutional provisions for the independence of EDRB members Regular court as EDRB Article 35 of the Constitution of the Republic of Ireland: ‘All judges shall be independent in the exercise of their judicial functions and subject only to this Constitution and the law.’ Article III Section 1 of the Constitution of the United States of America: ‘The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.’ 95 6. Principles and guarantees of EDR systems 260. The independence, impartiality and professionalism of the members who make up EDRBs (whether judicial, administrative, international, ad hoc or legislative bodies) may be guaranteed, among other general principles, by entrenching them in the constitution or in statutes. Judicial independence means not only resolving disputes lawfully, independently of any political pressures that may be brought to bear, and in timely fashion, but also that no other government bodies or political forces impose sanctions or reprisals on honest judges who decide cases against them, or reward judges who resolve them in a manner that is favourable to their political interests.

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