A/HRC/38/38 93. Judicial councils should be provided with adequate human and financial resources. In particular, they should have their own premises, a secretariat and a sufficient number of qualified staff to perform their functions independently and autonomously. Duties and responsibilities of judicial councils 94. Judicial councils should be endowed with the widest powers in the field of selection, promotion, training, professional evaluation and discipline of judges. They should have general responsibilities with regard to the administration of the court system and/or the allocation of budgetary resources to the various courts. 95. In order to avoid excessive concentration of power in one judicial body and the perception of corporatism, the Special Rapporteur considers it good practice to establish different independent bodies competent for specific aspects of judicial administration (e.g. selection, promotion, training and discipline of judges). The composition of these bodies should reflect the particular task entrusted to them. 96. Considering the broad and important functions of judicial councils, they should be held accountable, both institutionally and legally, by society and the appropriate State institutions. Selection and appointment of judges 97. Decisions on the appointment and promotion of judges should be taken through a transparent process by a judicial council or an equivalent body independent of the legislative and executive branches of powers. 98. The procedure for the selection and appointment of judges should be based on objective criteria previously established by law or by the competent authority. Decisions concerning the selection and careers of judges should be based on merit, having regard to the qualifications, skills and capacities of the candidates, as well as to their integrity, sense of independence and impartiality. Competitive examinations conducted, at least partly, in a written and anonymous manner can serve as an important tool in the selection process. 99. The Special Rapporteur considers that the involvement of the legislative or executive branches of power in judicial appointments may lead to the politicization of judicial appointments. In cases in which judges are formally appointed by the Head of State, the Government or the legislative branch, the appointment should be made on the basis of the recommendation of the judicial council that the relevant appointing authorities follow in practice. Court administration and budget control 100. Without prejudice to the existing responsibilities of the executive and legislative branches of power, the Special Rapporteur is of the view that judicial councils should be entrusted with general responsibilities with regard to the administration of the court system, the preparation of the judicial budget and the allocation of budgetary resources to the various courts. Disciplinary proceedings 101. The responsibility for disciplinary proceedings against judges should be vested in an independent authority composed primarily of judges, such as a judicial council or a court. 102. The competence to receive disciplinary complaints and conduct disciplinary investigations and the competence to adjudicate cases of judicial discipline should be vested in separate branches of the judicial council or in different authorities. 103. These authorities may include members from outside the judicial profession (lawyers, academics, members of civil society), but in no case should such persons be members of the legislative or executive branches. 18

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