at least not depending on the State in which he exercises his functions. As for impartiality, this is the absence of bias, prejudice and conflict of interest’. 118. The Court holds administrative and that an electoral financial autonomy; body is independent where it and offers sufficient guarantees has of its members’ independence and impartiality. 119. This is also Electoral the position Assistance of the International (International IDEA), Institute which for Democracy is a credible and international institution, specialized in electoral matters’’. 120. Given the fact that the Applicant's allegations relate to the composition of the Ivorian electoral body, the Court shall determine the independence and impartiality of this body in relation to its structure as prescribed by the impugned law. 121. Regarding the institutional independence of this body, Article 1(2) of the impugned law provides that: “\..the IEC is an independent administrative authority endowed with legal personality and financial autonomy”. 122. The above electoral provision body leaves shows room that the legal framework governing for assumption latter is institutionally independence in itself is not that the the Ivorian independent. 123. The Court, however, notes that institutional sufficient to guarantee the transparent, free and fair elections advocated in the African Charter on Democracy and the ECOWAS Democracy Protocol. The electoral body in place should, in addition, be constituted according to law in a = Dictionary of International Public Law - Jean SALMON, Bruylant, Brussels, 2001, pages 570 and 562. * Electoral Management Design: Handbook of the IDEA, 2010, page 7 28

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