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 94.
 

The Commission wishes to stress in this respect that it is essential that a constitutional offence must not relate to the content of a specific decision. Some interlocutors of the Commission delegation in Lima stated that it would not be possible for Congress to impeach a member of the JNE based on the content of a decision taken by it; however, there is no express guarantee in this sense, and instead other interlocutors referred to a decision by the President of the JNE not to disqualify a presidential candidate as a clear ground for an impeachment procedure. Certain interlocutors in Lima stated that if the JNE were included in Article 99, it would be like “subjecting a referee to the judgment of the players”.