299. When an EDRB is permanent, it is especially important that its
members have job security. Even in a temporary EDRB it is desirable for its
members, who are often seconded from other judicial bodies, at least to enjoy
job security in the body on which they normally serve as a guarantee of their
independence.
300. Constitutional Court and Council members can hold a non-renewable
term of 12 (Slovakia), nine (Bulgaria, France, Lithuania and Portugal) or
eight years (Croatia). Among the countries with specialized electoral courts
the longest period of service is ten years, with no restrictions on reappointment
(Panama); other examples are nine years, either with the possibility of
reappointment (Venezuela) or without any extension (Mexico), and six years,
allowing for unlimited reappointments (Costa Rica). Indonesia’s Constitution
restricts its Constitutional Court judges to a five-year term only renewable for
one more term. In Colombia the term for magistrates of the Council of State
is eight years.
301. It may be an advantage for the period of service of the members of
EDRBs to be longer than that of the President of the Republic (where there is
a President), and the maximum term of office of the legislature.
302. Partial and staggered renewal of the membership of the EDRB, so
that all members do not retire at the same time, is also often considered
as an advantage. This allows for institutional stability and liaison between
new members and those who are remaining in post, who are able to pass on
the institutional memory and their own experience. In this way, the entire
EDRB is not exposed to the recurrent costs associated with learning and
with mistakes that could have been avoided with more experience available.
In addition, staggered renewal prevents a controlling group of political forces
in the legislature at the particular time when EDRB members are appointed
from influencing the composition of the complete EDRB. Examples of partial
and staggered renewal are provided by the Constitutional Council of France,
three of whose nine members are renewed every three years; the Supreme
Court of India, where the term of each of the maximum of 31 judges lasts
until the age of 65; and the Supreme Electoral Court of Costa Rica, since
three (one full member and two substitutes) of its nine (three full member
and six substitute) magistrates are replaced every two years.
107
6. Principles and guarantees of EDR systems
take the form of tenure, which is the case in most of the systems that confer
jurisdiction to the members of the judicial branch, often in keeping with the
Anglo-American tradition. In such systems, EDRB members remain in their
positions until retirement age unless they are removed for misconduct through
an adversarial procedure, as in Argentina, Kyrgyzstan and the USA. Other
systems have less strong provisions, for example in Brazil, where EDRB members
have two-year terms of office with the possibility of reappointment only once.