The same problems concerning the impartiality and independence arise in respect of the election of the judges of the Electoral Tribunal. In electoral matters like in other fields, the judiciary, including a specialised electoral jurisdiction, should represent a guarantee of impartiality of the whole process, and for this reason it should offer sufficient guarantees of independence. In the case of Mugemangango vs Belgium (see especially para. 63 ff),²⁴ the European Court of Human Rights (ECtHR) established that:

“Where electoral appeals did not concern political issues, the protection of the right to free elections implied the existence of a judicial remedy. The type of court was of little importance; what mattered was for the decision to be taken by a body that was established by law, was independent of the executive and the legislature or, in specific cases, acted wholly independently and impartially in determining legal matters in proceedings that were judicial in nature, and therefore afforded sufficient institutional and procedural safeguards against arbitrary and political decisions.”