On May 21 was held in Vienna the first annual meeting [1] of the Geneva and Vienna–based NGO Center for Global Dialogue and Cooperation CGDC [2]. CGDC is promoting global dialogue to encourage stability and economic development on the basis of ethical principles, primarily in Eastern Europe. Clever speeches and debate took place on how to achieve political stability and economic development in the Western Balkans. Distinguished speakers and officials such as former President of Bulgaria Petar Stoyanov, former NATO commander in Chief US General Wesley Clark, Bekir Izetbegovic, member of the presidency of Bosnia-Herzegovina, and President Bill Clinton and others all expressed how good governance and government efficiency work on both stability and development. Achieving the rule of law, widespread corruption and inefficient bureaucracy were often mentioned in relation with good governance. Most surprisingly, never is however Justice and the role of lawyers and legal scholars discussed in relation with good governance, fighting corruption and the rule of law as a generic condition for development and foreign investment. It is unclear whether justice is perceived as an ally or as an enemy by those who precisely advocate good governance. Justice, of course, must be independent and of quality. This requires funding and thus political commitment. It requires that the executive power has no option than to recognize and enforce its independence and decisions. Yet the rule of law, Justice, lawyers, legal services and predictability are as necessary ingredients for stability, social progress and development.
The rule of law is of no use without enforcement. The European Court for Human Rights has on reiterated occasions – rightfully – tied up access to Justice and enforcement. Justice is not only ruling over personal disputes, civil law matters or commercial matters. It deals with respecting the Constitution on political rights, fundamental guarantees, freedom of speech, free press, and, namely, elections i.e. being elected to the executive or legislative power in accordance with the law. Which some governments or officials resent as interference with their own idea of good. In some countries where the rule of law is suffering, judges, lawyers and legal scholars are a weak lobby. They are not making profits but merely a center of costs. They have no lobbying power nor political leverage. Often, they are also coerced by corruption or abuse by the executive power or private interests protected by the executive power. It is nevertheless only Justice which indirectly creates stability and prosperity through confidence. A weak Justice system is directly correlated with stagnation of fairness, progress and social good. In such environments the recognition of the necessity of good governance and legal stability and predictability is making its way. But the contribution of the legal profession and its necessary partner, Justice, is surprisingly ignored or downplayed.
The tremendous call for Justice in Russia towards the European Court for Human Rights against its dysfunctional Justice system, or the avalanche of complaints to the Attorney General in Egypt after the fall of the Mubarak regime, are the sheer sign of the people’s overall cry for greater Justice. Governance belongs to the rule of law. Not the opposite. In Western Europe, the role of lawyers has been crucial since World War II in creating breakthrough and advances leading in turn to legislative progress. Going to Court means there is a dispute and solving a disagreement. This is not only acceptable but balancing powers and avoiding inefectualness and other disputes through case law and predictability. Going to Court is not to be seen as a failure of an agreement or venture. The only failure is when Courts fail to perform their duties – or to perform them timely, because the system is weak, not properly funded, coerced or suffering delays which are not compatible with the requirements of modern civil society. On the path to good governance, let’s not forget that development, fairness, equality of chances, free enterprise are undermined, and that disruptive self-interest driven forces highjack a country’s resources and potential of growth, when Justice is down. This is to the detriment of civil society as a whole. A good point is that in many countries there is a strong legal tradition with qualitative legal education, scholars and doctrine. The day they will cease to be confined to an insufficient role and deprived of their desirable input on society, that will be a significant step forward.