*EPF509 07/14/00
Byliner: Amb. Shattuck on the Rule of Law
(Reprinted from Lidove Noviny, Prague, Czech Republic) (860)

[The following article by U.S. Ambassador to the Czech Republic John Shattuck -- former Assistant Secretary of State for Democracy, Human Rights and Labor -- appeared in the Prague daily Lidove Noviny. It is in the public domain.]

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RULE OF LAW, THE ESSENTIAL CORNERSTONE
By John Shattuck
U.S. Ambassador to the Czech Republic

Not long ago, the Czech Chamber of Deputies took up the issue of judicial reform. At that time, the Parliament rejected the Cabinet's proposed changes to the criminal/penal code and the court system, but did pass changes to the commercial code, and to the anti-money laundering law. Deputies are now reported to be planning an alternative bill on the criminal code that would draw on several elements of the Cabinet's proposed reforms.

It is of course not the place of the United States to advise the Czech Republic on what specific changes it should or should not make to its judicial system. But as someone who has spent a significant part of his professional career working with the American judicial system, I follow such issues with particular interest, because of their fundamental connection to an indispensable element of further Czech integration into Europe, namely, Rule of Law.

The Rule of Law is not an import; it is an essential part of a democratic society that must grow from deeply held values. While our legal systems vary, even greatly on some points, the U.S. and the democratic nations of Europe, including the Czech Republic, have a strong common bond in respect for Rule of Law and a shared desire for fairness before the law for all citizens.

The Rule of Law is closely bound up with the role of the state. For more than 50 years in the Czech lands, the role of the state meant interference in, and hierarchical control over, the political and economic life of the nation. Under former regimes, the court system followed procedures and served ends that had no relation to protecting and preserving the rights of individuals. Understandably, this led to a legacy of cynicism and a lack of trust in the judicial system.

The continuing challenge, ten years after democracy was restored in the Czech Republic, is to cultivate a climate of trust in a judicial system that can provide people with the experience of prompt, efficient, fair and equal treatment, according to legal standards that are predictably and uniformly applied. If judges are to exercise their proper role of guiding society in implementing and building respect for Rule of Law, it is vital that they have fully independent authority.

The Rule of Law protects the underpinnings of democracy, including a free press that facilitates vibrant political dialogue, ensures the responsiveness of government and the parliament to the people, and protects against the undue influence of narrow interest groups.

The Rule of Law makes the free market function. Without a transparent and fair commercial legal system, neither domestic nor foreign investors or traders will make the investments that foster economic growth.

Judicial reform has been underway in the Czech Republic for ten years and has dramatically transformed the legal environment of the country. Observers agree, however, that more still needs to be done, particularly with regard to legislation governing the selection and employment of judges, the organization of courts, and the independence of judges and prosecutors from political interference. Budgetary resources for the judiciary could be more robust. The recent parliamentary actions underscore that it is the changing of mindsets -- of perceptions and misperceptions, of a generation of behavior -- that is the most difficult obstacle to reform, even more so than the allocation of budgets or the passage of legislation. Daunting though it may be, I am confident that responsible officials in the Czech Republic will not be dissuaded by the difficulty of the task.

The U.S. endeavors to support judicial reform, to back up our common concern for Rule of Law with practical measures. Our efforts include the exchange of experience to improve methods for investigating and prosecuting economic crime cases, advisory assistance to law faculties, exchange and training programs with legal and judicial practitioners, and support for the International Legal Information Center at the Supreme Court in Brno. In addition, the U.S. is supporting a regional legal and judicial training institute in the Czech Republic, which is conducting its first session this month under the auspices of the Central and Eastern European Law Initiative (CEELI).

In the end, of course, it is the lawmakers of the Czech Republic, responding to the needs of their citizens, who must and will complete the work of strengthening this most important of democratic institutions, the independent judiciary. The U.S. is hopeful that the Government and all parties will move quickly to reach agreement on key elements essential to accelerate the implementation of key changes that will make the Czech judiciary more effective.

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(Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
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