Remarks by U.S. Ambassador John L. Withers National Judicial Conference (December 6, 2007)

Chief Justice Kondi, Minister Alibeaj, Ambassador Lohan, honorable judges, ladies and gentlemen. And a particular greeting to our own American representatives Justice Magnuson and Mr. Sherrard.

Ladies and gentlemen. I’ve been asked to say a few words this morning about the rule of law. Let me begin by saying, plainly and clearly, that there is no more important concept in a democracy. The Founders of the United States defined American democracy in one memorable line: that all of us are created equal and endowed with inalienable rights, among them, life and liberty.

Who is to protect those rights? The answer is: the rule of law, as administered by an independent, qualified judiciary, a fair and balanced system of courts, and transparent procedures for administering justice equitably to one and all.

Sometimes when I speak in these terms, I am asked: am I being too idealistic? Are people really equal? After all, there are some people who can run faster than others; there are some who have better artistic and musical skill; there are some who make more money and who have higher social standards. All of this is evidently true. But there is one place in a democratic country where, in fact, we all must be equal: and that is in the system of courts and in the justice system of that country.

Before justice there must be surety that the humble, the weak and the poor are equal to the mighty and the great; that their voice is heard as clearly as the rich and the strong’s; that their petitions carry the same weight as those of the powerful. Before the courts, we must be indistinguishable in our humanity. And the people must trust in that.

This, ladies and gentlemen, is why your work is so important over these next days. You are the standard bearers of the process of seeking the rule of law and it is you who must promote the fact that the judicial process here in Albania is open to all. You must ensure that judicial proceedings take place in courtrooms open to the public and the media. You must help guarantee that judges’ opinions clearly state the facts and evidence on which decisions are based, and that these are open to the public. You must see to it that court decisions are promptly and effectively enforced. You must ensure that the litigants and attorneys comply with proper procedures. You must insist that only the best be appointed judges under a transparent process. And, as the Chief Justice has just said, that merit, not politics or favoritism, determines appointment and promotion of judges.

I have said ladies and gentlemen that there is no concept more vital to democracy than the rule of law. Because we Americans are advocates of democracy throughout the world and are special friends of Albania, there is no issue that my Government will watch more closely than the judicial reforms that Albania is in the process of undertaking.

As you all know judicial reform is one of the requirements for performance-based standards for membership in NATO. But, this is a much deeper and more profound concept. Judicial reform is not just designed to receive an invitation to NATO. It is for the longterm good of the Albanian people.

So we will watch to see that the reforms are fair, budgeted, and administered equitably. We wish to see the High Council of Justice and the Parliament move quickly. We wish to see the political parties come together to put aside political wrangling, not to seek political advantage, in the interest of the nation and of the Albanian people.

Let me be clear: the American Government favors democratic debate. Debate is essential to a democracy and the more and the healthier, the better. But there comes a time at which debate must lead to positive and favorable results. I would suggest that this is the time.

We in the American Government do not favor one side or the other in these negotiations. We stand neither for the majority, nor the opposition. We stand for the speedy passage of judicial reform. We stand for the rule of law. And we stand for anyone and everyone who would bring them about.

In closing, ladies and gentlemen, let me congratulate you on the fine work that you are undertaking, and on the great responsibility which the National Judicial Conference bears. Let me say a particular word on the School of Magistrates. I know that many of you have studied or taught at this worthy institution, and that you are committed to the standards of professionalism and knowledge that that institution represents. I commend you for that.

Everyone -- the National Judicial Conference, the High Council of Justice, the General Prosecutor’s Office, the National Chamber of Advocates, and the Ministries of Justice and Interior -- has a crucial role to play in the fight against corruption in government, and in the reform of Albania’s judicial system.

Please rest assured that the Government of the United States of America is with you and will be with you in your noble fight to ensure the rule of law in Albania.

Thank you very much.

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