A/HRC/11/41 page 27 endangering the independence of the judiciary, the Special Rapporteur underscores with profound concern the growing tendency of several Member States to fail to comply with their obligation to appoint an adequate number of judges necessary for an effective functioning of the administration of justice and to appoint temporary or probationary judges. Moreover, the possibility of a judicial career, including procedures for promotion, and adequate working conditions are decisive factors for the status of judges. A constitutionally provided guarantee of the independence of the judiciary is paramount, along with respect to the principle of the “lawful” judge. Emphasis is to be given to the allocation of sufficient funding to the judiciary and a self-governed financial management. Independence from within the judiciary was noted as an important concern, together with the assignment of court cases. Finally, the right of judges to participate in general and legal debates, together with the guarantee to form and join associations and to defend their status and rights in a corporate way were given special attention. B. Recommendations 96. In order to assist Member States to strengthen the independence of judges, the Special Rapporteur makes the recommendations that follow. 97. With respect to selection, appointment and promotion of judges, he recommends that: • Member States consider establishing an independent body in charge of the selection of judges, which should have a plural and balanced composition, and avoid politicization by giving judges a substantial say. • Member States adopt legislation enshrining objective criteria to be applied in the selection of judges, ensuring that selection of judges be based on merit only. Member States consider the possibility of selecting judges by competitive exams conducted at least partly in a written and anonymous manner. • Selection and appointment procedures be transparent and public access to relevant records be ensured. • Clear procedures and objective criteria for the promotion of judges be established by law. Final decisions on promotions be preferably taken by the independent body in charge of the selection of judges. 98. As regards tenure, irremovability, disciplinary measures and immunity, the Special Rapporteur recommends that: • Member States consider the progressive introduction of life tenures for judges. • Reviews of judges’ appointments by the executive be abolished. • Specific safeguards be established to ensure that probationary appointments of judges do not put the independence of the judiciary at stake. Probationary judges