“America and Bulgaria – Partners for Justice and the Rule of Law”

Remarks by Ambassador John Beyrle to the Second National Judicial Conference

National Palace of Culture, Sofia
December 9, 2005

Judge Grigorov, Judge Penchev, Judge Petrova, respected judges, honored guests, ladies and gentlemen. It is a pleasure for me to join you for the Opening of the Second National Judicial Conference.

To address this gathering of judges from across the nation is a humbling experience. We diplomats often talk of justice and the rule of law, but you administer it every day. I have talked to judges around the country -- I see some of you in this hall today-- and I know some of the challenges and difficulties you face. We have talked about that, and about how important your work is. Making the legal system work more effectively, and winning the battle against organized crime and corruption at every level is perhaps the most urgent problem facing Bulgaria today.

I would like to recognize the hard work of all the people and organizations that have joined with the United States Agency for International Development to organize this Conference. In particular, I would like to thank:

- The Supreme Judicial Council
- the Supreme Court of Cassation,
- the National Institute of Justice, and
- the Union of Judges of Bulgaria.

The “Golden Thread” of the Rule of Law

Aristotle spoke of the Rule of Law as the “Golden Thread” which holds society together. You, as judges, are the keepers of this golden thread. You bear the burden of mending the problems of society, and of transforming its ideals into practice. Good laws are useful only if there are good judges to apply them.

You have also been the most effective and eloquent advocates of judicial reform; speaking for the essential judicial values of transparency, independence, and accountability to the whole nation that you serve.

Putting Innovations into Practice

One purpose of this conference is to discuss what you need to do your jobs more effectively. A second purpose is to look at the results of recent reforms and new practices.

As you know, the Agency for International Development in our Embassy has been working with thirty-two Bulgarian courts across the country. These courts have introduced many low-cost, innovative initiatives. I believe that some of these initiatives could be adopted in courts around the country, helping raise the efficiency and fairness of the judicial process and could helping you do your jobs more effectively.

One new initiative has recently been adopted by the Supreme Judicial Council – the creation of professional court administrator positions for each District Court. This is an innovation that will take much of the administrative burden off the judges, and give you more time for your judicial duties

These positions will need funding so as not to be only a paper reform. This is why the budget for the court system is another area for your attention. An effective court system needs adequate resources to do its job. Our experience in the United States shows that courts need a budget based on reliable statistics and an objective and realistic assessment of their needs, including adequate funding for capital investment and maintenance.

The U.S. experience also shows that judges need salaries appropriate to their demanding work and high responsibilities. The best guarantee of independence and the best protection against corruption in the judiciary, as in all parts of the legal system, is an adequate salary.

There is another area where your voices must be heard: The National Assembly will soon consider constitutional amendments pertaining to the judiciary, which will determine the future shape of the Supreme Judicial Council and magistrate training. You, as judges in a free society, have a responsibility to work to influence this parliamentary debate. You are uniquely qualified to help shape any amendments that deputies may consider.

I hope that all of you will speak out on these subjects. No one knows better than you what needs to be done to deliver the level of justice which the Bulgarian people need, expect and deserve. You are vital stakeholders in the process of reforming the judicial system for Bulgaria on a foundation of integrity.

The Interest of the United States in Bulgaria’s Rule of Law

I would like to explain why the rule of law in this country is important not just to Bulgarians, but also to the United States.

The first reason is obvious. International crime knows no borders. The only way we can fight it effectively is if the law enforcement and judicial bodies of Bulgaria, the other EU members, and the United States have confidence in each other, in the integrity of our judicial systems and our elected officials, and can work together successfully.

Second, Bulgaria's continued prosperity depends on outside investment. American and European businesses want to know that there is an effective, predictable and fair legal system before they invest and do business in Bulgaria. They want to know that contracts will be enforced and that rules will be applied consistently. They want to be sure that, if they have to go to court, they will get a fair and impartial hearing.

Third, the United States wants to see Bulgaria enter the European Union on schedule in January 2007. Bulgaria is now an ally and partner of the United States, and EU membership will anchor you into the mainstream of Europe in a way that will make you a stronger partner an ally for us in a key geostrategic location of the globe. Soon, the European Union will be making its final judgment about when Bulgaria is ready to enter the European Union. But, as the European Commission stated in October, if Bulgaria is to meet that deadline, much more needs to be done about organized crime and corruption at all levels.

Reports in the Bulgarian press every day, and reports by NGOs, highlight the pervasive problems of organized crime and corruption. Organized crime and corruption are cancers which, if left unchecked, can slowly take over the political and economic life of a country.

The American Experience

I am not here to preach from an ivory tower. We in the United States are no strangers to crime and corruption. An American Congressman just recently plead guilty to accepting 2.4 million dollars in bribes. A President of the United States was impeached in the US Senate on charges of making false statements under oath. Hundreds of FBI agents are employed full time in the fight to control organized crime.

Our system is not perfect. But in the United States, and in Western Europe, citizens demand accountability from their elected officials through an impartial judicial system. Organized criminals are pursued relentlessly, and are forced to operate in the shadows and corners of society – not in the open light of day. At the end of the day there is a high probability that gangsters and corrupt public officials will be made to pay for their crimes in a court of law. I think this is what most Bulgarian want as well.

Zero Tolerance for Organized Crime and Corruption

The problem does not lie with any one single institution - Improving the professionalism of the police, the process of choosing a new prosecutor general, and reforming the courts are all important aspects of the solution. But all these efforts must be directed at the root of the problem: that organized criminal groups are operating with impunity in this society. This must be stopped. There must be zero tolerance for organized crime and corruption in Bulgaria.

Each nation has a judicial system that reflects its own history, culture and values. The American legal system could not be transplanted into Bulgaria, nor would the Bulgarian system work in the United States. You are the guardians of your own system. And I know from my discussions that many of you are frustrated because you feel the court system is not working the way it should, because it does not enjoy the level of popular trust that it should, because it is not sufficiently free from outside influence to effectively protect the rights of all citizens and the State. Many of us can effectively diagnose the illness. But you are ones who can prescribe and administer the treatment that can lead to a cure.

We want Bulgaria to succeed because we see in Bulgaria a nation of people who share the core values of our common European civilization. We want to see Bulgaria become a strong prosperous country, whose citizens live in freedom and dignity. We want to help you to construct a legal system where justice is swift, certain, and fair.

We will continue to offer our support, our expertise and technical assistance, and our good will. In partnership with many of you, and with our allies and partners in the EU, we have witnessed some important progress in judicial reform. But the political will to carry this on, to defeat the mentality that tolerates crime and corruption must come from the Bulgarian side.

In conclusion, I want to express the great respect and admiration that I have for you as judges. Each day you make the difficult decisions to help strengthen the rule of law, that "golden thread” that makes society stronger. The citizens of Bulgaria depend on each of you personally to carry out your duties with integrity and impartiality. This is an enormous responsibility and also an unmatched opportunity, because your work is truly helping shape a brighter future for your country. I have confidence in your ultimate success, and for this, you have my pledge of continued support.

Thank you.