Established by law 77. This relates to the rule of law and requires that the courts or tribunals are set up and regulated by legislation which comes from parliament and does not depend on executive discretion; and that they are created in accordance with the legal requirements. Therefore any legislation should set out the requirements for appointment and dismissal, for example,642 and it has been recommended by several human rights bodies that appointments and selection should be carried out by an independent body.643 78. Judges should be selected on the basis of their integrity and ability and there should be safeguards against selection on the basis of improper reasons.644 Competent 79. This applies to three elements: a. The individual judges themselves: there should be proper procedures governing the selection, appointment, promotion and retirement of judges. b. The ability to make a binding decision: this decision cannot then be changed by another authority which impacts negatively on a party. c. Jurisdiction: this may require states to establish a court or provide an existing court with the jurisdiction, over an issue where there is no current right of access.645 Independence The Basic Principles on the Independence of the Judiciary646 provide that:     The independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason. The judiciary shall have jurisdiction over all issues of a judicial nature and shall have exclusive authority to decide whether an issue submitted for its decision is within its competence as defined by law. There shall not be any inappropriate or unwarranted interference with the judicial process, nor shall judicial decisions by the courts be subject to revision. This principle is without prejudice to judicial review or to mitigation or commutation by competent authorities of sentences imposed by the judiciary, in accordance with the law. 642 Posokhov v Russia, [2003] ECHR 17, para 39. E.g. Human Rights Committee, CCPR/C/79/Add.79, 1997, para 18; Special Rapporteur on Independence of Judges and Lawyers, A/HRC/8/4/Add.2, paras 16-18. 644 Basic Principles on the Independence of the Judiciary, principle 10. 645 General Comment No.32, CCPR/C/GC/32 (2007), para 18. 646 Endorsed by GA Resolutions 40/32, 29 November 1985; 40/146, 13 December 1985. 643 113