MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE 50 Functional independence of national mechanisms can be achieved by having: ■ An independent founding basis In order to be established on a strong legal basis that would permit its continuity over time, the national preventive mechanisms should, ideally, be founded in the Constitution or in an act of Parliament. ■ The ability to draft their own rules and procedures The rules of procedure must not be open to modification by external authorities; ■ Separation from executive and judicial authorities In order to guarantee its effectiveness, as well as its perceived independence, the national preventive mechanism should not be formally attached to a Ministry or to a judicial body. ■ An independent and transparent appointment procedure The appointment procedure should determine the method and criteria for appointment, as well as the duration of appointment, any privileges and immunity, the dismissal and appeals procedure. The Paris Principles specify that “In order to ensure a stable mandate for the members of the institution, without which there can be no real independence, their appointment shall be effected by an official act which shall establish the specific duration of the mandate. (..)”, Principle 3. The appointment procedure should also involve consultation with civil society. ■ Financial independence Financial autonomy is a fundamental criteria, and includes adequate funding (see below) as well as the capacity to define and propose the budget independently.