190. The Applicants also refer to the Courts’ consideration in that judgment where it
established that “[rlegarding the institutional independence of this body, Article
1(2)
of the
administrative
impugned
authority
law
provides
endowed
that:
‘...
with
legal
the
IEC
is an
personality
independent
and_
financial
autonomy”."8
191. In referring to the Court's finding that “[t]he above provision shows that the legal
framework governing the Ivorian electoral body leaves room for assumption that
the latter is institutionally independent,”’? the Applicants argue, however, that this
conclusion does not correspond with reality and the electoral body in fact lacks
independence
and
impartiality
in
terms
of
its
administrative
and
financial
autonomy
192. For the Applicants, autonomy refers to the ability of a body to govern itself and
make decisions for itself.
193. To support the claim that the electoral body lacks administrative autonomy the
Applicants refer to responsibilities of the electoral body and points out that for
many of its duties, it only has the competence to make proposals, which are then
to be decided by the government. This limitation in power by only having a right
to make
proposals
underscores,
for the
Applicants,
the
lack
of sufficient
administrative autonomy.
194. The Applicants also claim that there is a lack of sufficient financial autonomy.
According to them, the financial regulation of the electoral body is left entirely at
the whims of the government which decides when and how it makes the financial
resources available to the electoral body.
195. In referring to Article 40 of the impugned law, the Applicants point out that the
budget is drafted by the Bureau which transmits it to the Ministry in charge of the
18 Ibid, § 121.
19 Ibid, § 122.
42