site.btaThorbjоrn Jagland: We Need a Culture of Independence If We Want to Keep Our Courts Away from the Twists and Turns of Politics

Thorbjоrn Jagland: We Need a Culture of Independence If We Want to Keep Our Courts Away from the Twists and Turns of Politics

Sofia, April 21 (BTA) - Opening a Council of Europe (CoE) conference in Sofia on Thursday, the organization's Secretary General Thorbjоrn Jagland said CoE member states need a culture  of independence and impartiality if they want to keep their courts away from the twists and turns of politics. Jagland said the independence and impartiality of judges is a fundamental guarantee that all people are equal before the law.

The conference is entitled "Strengthening Judicial Independence and Impartiality as a Pre-condition for the Rule of Law in Council of Europe Member States."

The Secretary General went on to say that public confidence in institutions has plummeted in a number of European countries in recent years. There is anger towards banks and financial regulators and discontent with the political class, some news media and international institutions. But when the people see that private interests, political considerations and corruption have also affected the courts, the problem becomes particularly serious. When this happens, nations can expect major social problems because it means that the system of the rule of law is disintegrating, he said.

Some CoE member states are failing to ensure sufficient independence and impartiality of their judicial systems, Jagland noted. There are disturbing examples of countries which, though achieving much progress in the judicial reform, have a particularly strong executive government which is pulling the whole process backwards. The judicial councils in some of these countries show signs of vulnerability and susceptibility to indirect control, he said. He called for a clear system of constitutional guarantees for the relationships between the judicial, executive and legislative branches of government.

Bulgarian Foreign Minister Daniel Mitov said that if there is one useful monopoly in this world, it is the monopoly of the law. According to Mitov, strengthening the independence and the impartiality of the judicial system is essential for the rule of law. Where the law rules, the people rule, he said, adding that the judicial system is a pillar of statehood and it watches over the lawfulness of a country's affairs. The more efficient the judicial system, the broader the reality of the law and the smaller the space for corruption, he said.

As a country which currently chairs the CoE Committee of Ministers, Bulgaria attaches paramount importance to the rule of law, whose protection and strengthening is among the main strategic priorities of the national government, Mitov said.

Justice Minister Ekaterina Zaharieva said the judicial system, being one of the three branches of government, is a touchstone for the rule of law. If the judicial system fails to act as a corrective force, society becomes acutely sensitive, Zaharieva said. She believes that the principle of separation of powers is based on cooperation between the three branches, but this cooperation should be beneficial for society, and any distortion deals a blow to democracy. Bulgaria has reformed its judicial system several times, but still, the country is not where the public expects it to be, she said.

Prime Minister Boyko Borissov said the government is making huge efforts, and the Justice Minister, together with the judiciary, is preparing changes to meet the expectations of the people. According to Borissov, the countries which have the most advanced judicial systems are most willing to admit their mistakes and recognize what needs to be changed. This should teach Bulgaria a lesson and serve as a model to be emulated, he said.