281. In contrast to these cases, the composition of other specialized electoral courts that are part of the judiciary does not provide for any involvement by political parties in determining their membership. For example, the three members of the National Electoral Chamber (Cámara Nacional Electoral) of Argentina are appointed according to the constitutional reform of 1994 by the President of the Republic with the consent of the Senate, from a binding three-person slate proposed by the Judicial Council (Escuela Judicial). The Superior Electoral Court (Tribunal Superior Eleitoral) of Brazil is made up of at least seven members – three from the members of the Federal Supreme Court (Supremo Tribunal Federal), two from the members of the Superior Court of Justice (Superior Tribunal de Justiça) and two designated by the President of the Republic from a list of six attorneys proposed by the Federal Supreme Tribunal. 282. In some EDRBs entrusted to specialized electoral courts, EMBs or ad hoc bodies where the majority or a minority of members are nominated by political parties, the remaining members are designated in a manner similar to the cases outlined above, either by the legislative branch (from its own free nomination or at the proposal of the executive or the Supreme Court), or directly by the Supreme Court. In some countries it is emphasized that the members who are not appointed by political parties must act as the guarantee of impartiality. In Uruguay, the appointment of such members requires the approval of a two-thirds majority in both chambers. 283. Among the systems that provide for some participation by political parties in the selection of EDRB members, this may entail (a) participation that only involves making nominations – among several that vie for consensus among the political forces or (b) participation that is tantamount to designating a member or members. The latter case may give the advantage that, because political party nominees are involved in decisions, they may be seen as more acceptable by party members – and may be particularly appropriate if there is nobody in society who is really perceived as independent. However, this needs to be balanced against the risk that the EDRB members may be seen as partial in favour of the political party that nominated them in the performance of their functions. The credibility of the EDRB may easily be affected, in that the sum of partial positions does not necessarily add up to impartiality. A tendency may also develop for technical decisions to have to undergo political negotiation, usually to the detriment of the technical aspects. 103 6. Principles and guarantees of EDR systems Bundestag (the lower chamber of the Parliament) and half by the Bundesrat (the upper chamber). The Constitutional Court of Portugal (Tribunal Constitucional) is composed of 13 judges, ten of whom are appointed by the Assembly of the Republic (Assembleia da República). These ten go on to elect the remaining three.

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