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
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