Honourable Chief Justice of the Supreme Court!
Madam President of the Constitutional Court!
Madam Minister of Justice!
Mr. Prosecutor General!
Esteemed Judges!
Ladies and Gentlemen!
I am very pleased that the central theme of today’s conference is the culture of litigation. Not only what constitutes a good judicial outcome, but also the path taken to reach that outcome.
The purpose of the courts is justice. Both a just outcome in a case and a fair process by which that outcome is reached. Yet we all know that achieving a just judgment, and the path towards justice itself, is not always smooth or straightforward. More often it is winding, branching and, in a sense, bumpy. There is the prosecution, there is the defence, there are various testimonies and many different factors that must be weighed in administering justice. The manner in which a judge carries out this work, the way in which a judge guides the process and, in a sense, acts as its regulator, also determines the outcome of the case.
The culture of litigation reflects society’s ability to resolve disagreements respectfully through arguments rather than insults, threats or even physical force. It reflects the willingness of all those involved to seek justice rather than obstruct it, for example, by deliberately delaying proceedings or by submitting unfounded requests and arguments unrelated to the matter under consideration. The culture of litigation is also the ability to accept an unexpected outcome.
As judges, you guide the path towards justice – and that path is the process itself. A judge must act even when it is apparent that parties sometimes abuse their rights in bad faith by intentionally delaying proceedings or otherwise obstructing the administration of justice. Although society, we, as members of society, may at times wonder why proceedings take so long, we understand well that compliance with procedural norms is not merely a formality, but to a large extent also a matter of respect for the time and work of everyone involved. An outstanding judge is not only objective and legally precise, but also humane. A judge’s attitude towards the participants in proceedings is not merely a personal matter. A judge’s conduct represents the attitude of the entire judiciary. It represents the attitude of the state – towards the individual, towards the law and towards one of the fundamental principles of democracy and the rule of law. Therefore, the conduct of all parties, judges, as well as those involved in civil, criminal and administrative proceedings, must be respectful.
For many people, the opportunity or necessity to go to court, or finding themselves in court due to various other circumstances, is not a simple life choice. It is not something ordinary or routine. I am not speaking about members of the judiciary; I am speaking about the people who come before the courts for various reasons. For each of these individuals, their case is the most important matter in their lives. And quite possibly, it is the first and only time they will ever encounter the courts. Therefore, this is an opportunity for the state and the judiciary to demonstrate and prove what justice and the rule of law look like in practice. To show that the state can, should and must be trusted.
Every positive experience contributes to your reputation as judges and to the positive reputation of the entire state. Trust in both the courts and the state is built through every trial, every case and every word you speak.
You are the ones who shape justice. And justice matters only when people feel genuine engagement, receive a properly reasoned judgment and feel that their arguments have been heard – even if those arguments are ultimately not accepted, they have nevertheless been heard, considered and addressed.
Honourable Judges!
At this time, it is very important to speak to one another and to listen to one another. Today, I wish you success in listening to one another and in reaching agreement on how to strengthen both judicial culture and the judiciary itself. May mutual trust and confidence among you continue to grow. And may you, each evening, when returning home after a demanding day in the courtroom or working on judgments, feel that you have acted rightly and justly!
I wish you a successful conference!
Thank you for your attention!
