A/HRC/38/38 70 per cent of the countries in the world have some form of judicial council or equivalent independent and autonomous body. However, this is an area lacking in statistical data at the global level, making it challenging to assess global trends. 86. The Special Rapporteur has also shown that, despite the increase in the number of judicial councils in all regions of the world, there is a lack of international legal standards at the international level specifically devoted to the role, composition and functions of judicial councils. The Basic Principles on the Independence of the Judiciary do not include any provision specifically devoted to judicial councils. The most comprehensive efforts to develop minimum standards relating to the creation, membership and role of judicial councils have been undertaken in Europe, under the aegis of the Council of Europe. 87. The large number of responses to the Special Rapporteur’s questionnaire allows general trends and good practices to be identified in relation to the establishment, composition and functions of judicial councils or equivalent independent and autonomous bodies set up at the national level to guarantee the independence of the judiciary. VIII. Recommendations 88. In the light of the existing international and regional standards, and based on the contributions received from States and non-State actors, the Special Rapporteur would like to offer the following recommendations relating to the establishment, composition and functions of judicial councils. These recommendations do not purport to identify an ideal model of judicial council, but rather seek to identify common principles for ensuring the independence of such bodies, where they exist, and their effectiveness in the discharge of their functions as guarantors of judicial independence. Development of international standards 89. Given the absence of detailed legal standards at the international level on the role of judicial councils as guarantors of judicial independence, the Special Rapporteur recommends that a comprehensive set of principles be developed under the auspices of the United Nations to identify common principles and good practices in relation to the establishment, composition and functioning of such councils. 90. These minimum standards may serve as a useful reference tool for all member States, particularly those that have not yet established a judicial council. Such standards should be developed through an open and transparent process involving not only member States, but also national human rights institutions, civil society, and judges and their representative organizations. Existing international standards relating to judicial councils and the recommendations of international and regional bodies should be taken into account in the development and implementation of this new set of principles. Establishment of judicial councils 91. The Special Rapporteur considers that the establishment of an independent body in charge of protecting and promoting the independence of the judiciary constitutes good practice, and encourages those States that do not have a judicial council or a similar independent institution to consider establishing one, except in those cases in which judicial independence is traditionally ensured by other means. 92. In order to guarantee their independence from the executive and legislative branches and ensure effective self-governance for the judiciary, judicial councils should be established under the Constitution in those countries having a written Constitution, or in the equivalent basic law or constitutional instrument in other countries. The Constitution or the equivalent basic law should include detailed provisions regarding the setting-up of such a body and its composition and functions, and guarantee the autonomy of the council vis-à-vis the executive and legislative branches of power. 17