«The rule of law and the independent judiciary as a condition for EU accession»

Honourable members, ladies and gentlemen,

First of all, allow me to say how pleased I am to be here today, in the European Parliament to participate in this colloquium with Members of the European Parliament and with Members of Parliaments of Candidate Countries. Having been a judge myself, I am always interested in exchanging ideas on justice reform, a topic which is as complex as important.

The judiciary - let alone its reform - is a complicated subject to deal with. It is interesting to note that in our modern societies, what was formerly regulated by the administration, the family, the church... is today often brought in front of the judge who thus becomes the ultimate arbiter of a very wide variety of conflicts. The complexity of our societies, reflected in the evolution of law itself, creates new questions with which judges are confronted.

The consequence of this increasing demand for justice in all modern societies has also led to increasing demands as regards the quality of justice. In other words, the more citizens turn to Courts, the more they also demand that the quality of justice be high. At the same time, judges’ workload increases, and if their means and methods do not adapt, justice delivered by courts cannot be one of quality.

Globalisation adds another dimension to these phenomena. The opening of borders for all kinds of travel and commerce is now a reality. Our legal systems, which are the expression of state sovereignty, had to adapt to this new dimension. Borders, being opened for the citizens, had also to be opened for justice. Work to cope with this phenomenon is already well advanced in the EU and I will return to this point later on. However, the reality in the EU is that national judges are increasingly aware that the consequences of their decisions, which were before limited to their own state boundaries, now reach much further. The responsibility of judges in any EU member state to deliver a justice of quality is therefore more and more important.

For candidate countries, and especially those which had been cut off of democratic traditions, the justice system had to evolve from being a potential tool for state control, and on some cases, a means of oppression towards a fully independent power in a democratic society. These justice systems had to become responsible for applying the rule of law and fully respect fundamental rights. After the fifth enlargement round, we all appreciate how difficult such a process is. It is fundamentally linked to incorporating values of democracy and human rights by each and every individual working in the justice system.

Coming back to the central topic of my speech, let me answer the question why the EU has been and remains so keen to ensure that new member states enter the Union equipped with a justice system meeting to the maximum extent possible EU standards.

First of all, I shall recall that the attention for greater efficiency in justice is rather new in the process of European integration. In fact, it is only since the entry into force of the Treaty of Amsterdam in May 1999, that justice appears among the political objectives of the European Union. Article 29 of the Treaty stipulates that «the objective of the Union is to provide the citizens a high level of protection in an area of freedom, security and justice « .

This being said, the question of justice at the level of the European Union had until recently never been tackled in an institutional way. Each Member State of the EU has its own legal system and tradition, which, however, need to adapt to our common acquis in this area of FSJ.

However, the increasing level of integration of the EU common market, the fading away of internal borders, the growing threats of cross-border criminality - including terrorism - has imposed the need for action. We are now building an area where judges and prosecutors from the current 25 and soon 27 and more member states can work together and be efficient despite their different systems. This is unprecedented and not an easy task, given the rich legal traditions that co-exist in parallel. They have to trust each other and ensure for our fellow-citizens a high level of security in full respect of the fundamental principles of our democracies. This ultimately has resulted in the development of the principle of mutual recognition of judicial decisions.

This is why in the context of the accession negotiations the Commission focused to a large extent on both the specific questions of the organisation and functioning of judicial systems as well as on the means necessary to facilitate communication of court decisions and to provide mutual legal assistance, both in the civil field and in criminal matters.

Honourable members of parliament, ladies and gentlemen, a well-functioning and independent judicial system is not only an indispensable pillar of a democratic society, it is also of key importance for the economic development of our countries. Courts apply the rules by which markets function, and they provide a unique mechanism to resolve disputes, protect economic and social rights, and hold governments accountable for their actions. Stable and reliable legal systems indeed are the only way to create a positive climate for investment. Experience has shown that success is where preparation and opportunity meet. The preparation for accession requires from many countries a fundamental reorientation of legal and judicial institutions, fostering independence from the executive, acquiring new skills for magistrates and other legal professions and a rapid increase in institutional capacity to handle legal cases efficiently and effectively. This is a long and often cumbersome process which can only be successful if started in time and if the appropriate opportunity is created through strong political will. Ultimately, it should however be clear that an efficient, independent and accountable justice system has to be established first and foremost for the benefit of the citizens of those countries wanting to join the European family and not for the sake of «Brussels» only.

Vice President Franco FRATTINI

Member of the European Commission responsible for Justice, Freedom and Security

European Parliament Brussels, 25 April 2006

Source : http://www.europa.eu.int/