In the opinion of the Commission, the JNE is both an electoral management body and a judicial body, and the international standards of judicial independence apply to it. These standards require, in a nutshell, that disciplinary or criminal proceedings against the members of the JNE must provide the following procedural guarantees:

- Clear grounds of serious disciplinary offences that are clearly, restrictively and exhaustively set out in the law;
- Fair trial, with the right to submit evidence and right to be heard;
- Investigating body must be non-partisan and non-political;
- Investigation should be carried out by an institution that is separate and distinct from the one which decides on the dismissal;
- Such decision should be reasoned;
- Appeal to a court of final jurisdiction within a reasonable time-limit should be provided.