PART II The Act of Legislation Establishing the Institution The Act of legislation establishing the institution should specify as a minimum: - the mandate, functions and powers of the office - the requirements to be fulfilled by the persons to be appointed as ombudsperson(s) - the exact appointment procedure to be followed - the status of the ombudsperson - the level of accountability to parliament - the immunities of the ombudsperson - the term of office - rules concerning his/her dismissal - a list of incompatible employment or positions - procedures for a conflict of interest in a specific case - rules concerning remuneration - the budgetary autonomy - the competence to appoint staff. All of the above points to be included in the Act of legislation establishing the institution are important determinants of the status of the office and/or essential guarantees for the independence of the institution. Some of the above points are discussed in further detail in Part III of this Guide. Procedures for Appointment of the Ombudsperson The Act of legislation establishing the institution should set out a clear and specific appointment procedure for the ombudsperson. It should be acknowledged here that the UN Paris Principles merely refer to appointment by an ‘official act’, which is broader than Acts of legislation. One of the most important questions in the appointment process is indeed the degree to which parliament (the representative body) is involved. It seems essential for the independence or perceived independence of the institution that the executive does not have a dominant role in this. Furthermore, the related danger of abuse could be countered by making the appointment decision justiciable. It is in any event important that the appointment process be clearly outlined in the establishing Act, so that there is no room for debate about the respective role of parliament, the executive or any other body that could be implicated. 42