What an Independent Model EMB Is, May Be, and Is Not
Essential attributes of an Independent Model EMB:
- Institutionally independent from executive branch of government.
- Exercises full responsibility for implementation.
- Has some degree of good governance constraints.
- Has powers to make policy decisions independently under the legal framework.
- Composed of members who are outside the executive while in EMB office.
- Members have security of tenure.
- Has and manages its own budget independently of day-to-day governmental control.
- Has autonomy to determine its staffing needs, rules, and policies.
Possible attributes of an Independent Model EMB:
- May be a legal entity which can sue and be sued in its own right (for example Azerbaijan, Kenya, and Lithuania) or may be not a legal entity (e.g. Botswana and Namibia).
- Most usually is formally accountable to the legislature, judiciary, or head of state.
- May have varying levels of financial autonomy and accountability.
- May have financial autonomy through drawing up its own budget and receipt and use of public funds with minimal executive branch of government involvement.
- May have varying levels of performance accountability.
- Most usually has powers to develop electoral regulatory framework independently under the law.
- More usually has broad overall powers and functions for electoral implementation.
- May have powers to hire fire and discipline its own staff.
- May have power to establish its own procurement and accounting procedures.
- Members may be non-aligned ‘experts’ or politically affiliated.
- May have a fixed term of office.
- May have a separately allocated budget from the legislature.
- May receive funding from the executive or the donor community.
- May be able to access personnel from within the public service.
What an Independent Model EMB is not:
- Is NOT part of the structure of a department of state and/or local government.
- Is NOT above the constitution or law.
- Is NOT formally accountable to the executive branch of government.
- Is NOT free of policy, financial, and performance accountability and good governance constraints.
- Does NOT fall within the budget of any government ministry.
- Staff members are NOT necessarily public servants.
