179. Furthermore, the Court is convinced that the fixed term limits for the members of
the electoral commission at the Central level and the non-renewability of the term
of the Chairperson are additional guarantees for ensuring the independence of
the members of the electoral body, mentioned by the Respondent State.
Balance within the electoral body
180. Concerning the question of whether the composition of the electoral body is
sufficiently balanced, the Court recalls the Order N° 2020-306 of 4 March 2020
through which an additional seat has been granted to opposition parties. This
amendment effectively reduces the influence of the ruling party in the electoral
body at both the Central level and at the Local levels.
181. The
Court
also
notes
that
the
Respondent
State
reduced
the
number
of
representatives in the electoral body associated with the ruling party compared
with the previous law. Specifically, the Court notes that the representative of the
President of the National Assembly and the representative of the Minister of the
Economy and Finance have been removed from the composition of the Central
Electoral Commission.
182. The
Court
also
observes
that
the
Respondent
State
has
given
a greater
representation to members in the Central Electoral Commission originating from
CSOs.
183. Consequently,
Commission
electoral
body
the Court finds that the composition
is no longer overly dominated
dominated
by supposedly
of the Central
by any political group,
non-political
actors
such
Electoral
nor is the
as those
emanating from civil society or the judiciary. Therefore, the Court finds that the
composition of the electoral body at the Central level does not reveal a manifest
imbalance.
184. Concerning the balance of the composition
of the electoral body at the Local
levels, the Court observes that the Respondent State did not make submissions
to explain the politicized nature of its composition. However, the Court notes the
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