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 97.
 

The Commission wishes to underline the importance of providing explicit guarantees against possible political retaliation by Congress. While some interlocutors pointed to the commitment of Congress not to abuse of impeachment against JNE members and to the relatively rare use of this mechanism against other high officials, the Commission has previously stressed that informal norms should complement and support, and not substitute formal safeguards altogether. “[…] Experience from other countries has shown that in a polarised political context, informal norms sustaining the rule of law offers little resistance against powerful forces determined to use all available legal and constitutional provisions.”69