Article 33 provides the possibility to recall a member of an electoral council or bureau by the institution which nominated or appointed him/her. The Code, in this Article, provides for a condition “of a written motivation of the need of revoke". However, the law does not stipulate specific reasons for such recalls. This has the potential to undermine the independence of the commission members. Moreover, this provision is contrary to recommendation made in the Council of Europe Code of Good Practice in Electoral matters, II 3.1, which states that :
“broadly speaking, bodies that appoint members to electoral commissions should not be free to recall them, as it casts doubt on their independence. Discretionary recall is unacceptable, but recall for disciplinary reasons is permissible - provided that the grounds for this are clearly and restrictively specified in law (vague references to “acts discrediting the commission”, for example, are not sufficient)”.
