In conclusion, the Venice Commission wishes to make the following recommendations:

a) The members of the JNE should not be subject to juicio politico and ante juicio, within the meaning of Article 99 of the Constitution of Peru;

b) If the members of the JNE are nonetheless added to Article 99 of the Constitution, the following guarantees should be introduced:

i. The notion of “violation of the constitution” should be clarified and defined, including through a list of examples of acts of the JNE which could amount to such an offence, which should be a serious one; the definition of “violation of the constitution” should exclude explicitly that an impeachment may be based on the reasoning or substantive content of specific decisions rendered by the JNE;

ii. It should be expressly provided that no juicio politico procedure may be carried out against any member of the JNE during an election campaign, until after the announcement of the election results and after the resolution of all challenges to the election results. If an impeachment procedure is pending, it should be suspended;

iii. The possibility for the members of the JNE to appeal to a judicial body (the Supreme Court or the Constitutional Court for example), either ex ante or ex post, against a decision of impeachment should be explicitly provided;

iv. The lifting of inviolability of the members of the JNE should be within the competence of a judicial body such as the Judicial Council or the Constitutional Court, and not of the Congress;

v. The investigation into the criminal responsibility of the members of the JNE should be carried out only by the prosecution service; their suspension should be decided by a judicial body. The possibility of holding hearings in camera should be considered. At any rate, Congress should not have the possibility of suspending any member of the JNE during the course of an electoral process;