Home > 2.1.4 Others > PERU-Opinion on the draft amendment of Article 99 of the Constitution concerning the impeachment of members of election management bodies
 
 
 
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Section 83.
 

The Venice Commission also observes that in the case of Aguinaga Aillón v. Ecuador concerning the Supreme Electoral Tribunal (TSE), the Inter-American Court of Human Rights held that “although the TSE did perform administrative, organizational, and management duties for electoral processes, it was also tasked with hearing and adjudging matters pertaining to electoral justice. The Court concludes that the TSE conducted materially judicial functions in the sphere of elections, and its members, such as Mr. Aguinaga Aillón, therefore enjoyed the same guarantees of judicial independence as judges generally, given the materially judicial nature of their duties”.59