I Fought The Rule of Law, and The Rule of Law Won

Rule of law.  I hear that phrase almost every day, and I use it almost as often.  It is the basis of citizens' complaints, mutual accusations between politicians, and criticisms from civil society.  Rule of law is the most important item in the recent European Commission opinion on BiH.  I am not sure we know the meaning of that phrase when we use it, and I am certain we often disagree on its very meaning.  But, I know it is important.  The English philosopher John Locke said more than three centuries ago – „where the law ends, tyranny begins.“

There are many minds more qualified than me, legal experts, who can speak about the tradition and history of this concept.  For me, much of it can be reduced to a fairly simple concept: no one is above the law.  The same rules should apply to everyone, regardless of position, influence or wealth.

I believe this concept largely explains the reasons why citizens are most often frustrated or angry in situations where there is no rule of law, or it is inadequate.  When someone is able to avoid responsibility because they know someone, or because of their position, it offends our basic sense of justice.  If someone can commit a crime, abuse their position, or not do their job – and all without any consequences, what is our motivation to play by the rules?

When I talk to citizens of this country about what they would like to see change, or why the number of those thinking about leaving is constantly growing – I hear terms like fairness and dignity.  These are not abstract concepts.  Fairness means that, as the best candidate, you do not have to join a political party to have a chance to work in public administration.  It means you do not have to pay a bribe to reduce the risk of constant “inspections” or court summons.  It means that public contracts are decided on the principle of cost-effectiveness, not connections.  Dignity means access to the medical care you and your family are entitled to, without having to give “gifts” or return a favour.  It means knowing that the diploma you worked so hard for and studied diligently for cannot simply be bought or forged.

All these issues fall under the rule of law.  It is much more than the court system, although that is a key and very visible part of the rule of law.  Here we are talking about the consistent application of known rules in everyday life, and the spirit and principles behind those rules, not the lowest possible acceptable standard.  This is especially important for public officials, who should set an example for everyone, and be open to such checks.  Independence does not mean you cannot be subject to scrutiny.

What can we do? There are a great number of excellent individuals and organisations working to put these issues at the centre, and they all deserve our support.  Corruption does not like transparency, and the more citizens exchange and highlight these practices, the better.  Citizens can and should expect more from those they have elected and whom they finance from taxes on their incomes.

Along with this pressure from the bottom up, support from others is also needed.  The United Kingdom, as part of its increased funds for BiH, has placed the issue of rule of law at the centre, including the professionalisation of judges and prosecutors, clear rules on conflict of interest, transparent public financing, protection of whistle-blowers and journalists, more efficient courts, better police coordination, reduction of administrative burdens on companies and individuals, depoliticisation of public companies, and effective anti-discrimination measures.

I also strongly welcome the clear focus of the EU Opinion on the issue of rule of law, and the necessity of progress in this field with the aim of further advancement on the path towards the EU and improving everyday life in BiH.  Some of the examples are:

- Results in proactive investigations, indictments, prosecutions and verdicts in corruption cases
- Transparency in the privatisation process
- Effective cooperation of law enforcement agencies
- Independent judiciary and the High Judicial and Prosecutorial Council
- Equality and non-discrimination of citizens through the protection of vulnerable groups
- Professional and depoliticised civil service
- Freedom of expression, including the media and protection of journalists

Citizens' trust in the rule of law begins as soon as elections are announced, and I was pleased to see that the Opinion emphasises the continued failure to improve the electoral system in BiH, including the failure to hold elections in Mostar for the last 11 years. That is not normal.  And it is far from the standards expected of any democratic society.

And that brings us back to the idea that no one is above the law.  More than anything else, this is the test that shows whether a country is moving in the right direction.  The United Kingdom and other friends are ready to help this country achieve that.  Its citizens want it.  And it matters to all of us.

I Fought The Rule of Law, and The Rule of Law Won, *borrowed from The Clash

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* The author is the British Ambassador to Bosnia and Herzegovina