Právo: Justice minister wants Rampula to return as high state attorney

Prague, July 23 (CTK) - The new Czech Justice Minister Pavel Blazek's effort to neutralise the "damage" caused by controversial Vlastimil Rampula's forced departure as high state attorney in Prague may result in Rampula's reappointment in the post, Jiri Pehe writes in daily Pravo yesterday.

Blazek (Civic Democrats, ODS), who became justice minister in early July, has pushed the borders of Czech politicians' constitutional and legal creativity another bit father when he proposed that the new head of the High State Attorney's Office (VSZ) in Prague be chosen in a competition, Pehe writes.

The law does not suppose such a procedure. It only dryly states that the justice minister appoints the VSZ head on the proposal of the supreme state attorney, Pehe writes.

The procedure is identical with that of the president naming ministers on the prime minister's proposal, he writes.

If Blazek succeeded [in pushing through a competition for the new VSZ head], the question would arise whether ministers, too, should start being chosen in competitions, Pehe continues.

Next time when PM Petr Necas (ODS) asks President Vaclav Klaus to appoint a new minister, Klaus may ask for a competition to be launched for the ministerial post, Pehe points out with irony.

If so, it would be important if the competition were organised by the prime minister or directly by the president, because it is generally known that in the Czech Republic it is no problem to secure a selected contestant's victory beforehand, Pehe says.

For the competition's initiator it would be optimal to hire a private firm to organise it. Of course, the firm should be chosen without a tender and it should have friendly links to the initiator, Pehe continues sarcastically.

For a decent reward, the firm would reliably "transparently" stage the competition in a way that would give all complaints about the contest's manipulation no chance to succeed, he says.

That is why the competition for the post of VSZ head, if launched, should be initiated by Minister Blazek, who, after all, seems eager to be asked to do it. In addition, the obstinate Supreme State Attorney Pavel Zeman rejects a competition and insists on the appointment of his favourite candidate, Lenka Bradacova, as VSZ head, Pehe continues.

Zeman expects Bradacova to bring fresh wind to the VSZ, paralysed by Rampula's previous management and make the state attorney offices' system more independent of political power, commentators say.

Since Blazek's task is mainly to neutralise the damage his predecessor, the now sacked justice minister Jiri Pospisil (ODS), made by having himself manoeuvred [by Zeman and his allies] into "irresponsibly dismissing" the then VSZ head Rampula, it cannot be ruled out that a competition for the vacant post would be won by no one else but Rampula himself, Pehe writes.

After all, only few have been as successful as Rampula so far in a quick "liquidation" of criminal cases that would otherwise unnecessarily bother the Necas government, Pehe adds.

He sarcastically alludes to Rampula's reputation as part of a "judicial mafia" and a state attorney seeing to that sensitive cases involving politicians are swept under the carpet or their investigation is protracted.

In the weekly Respekt, Ondrej Kundra recalls that the law binds Blazek either to comply with Zeman's proposal for Bradacova's appointment or to turn it down and thoroughly explain why.

According to unofficial information, Zeman considered filing a legal action against Blazek if the latter refused to appoint Bradacova. The Supreme Administrative Court (NSS) might support Zeman in the dispute and thereby force Blazek to meet Zeman's request, Kundra writes.

Insiders say Blazek's proposal that a competition be held reflects his effort to avoid a risky court dispute and simultaneously protract the possible appointment of Bradacova, a delay that may benefit the ODS and other political parties, Kundra writes.

The top VSZ post will most probably remain vacant now, with Zeman insisting on Blazek's deciding on his proposal and Blazek insisting on a competition. If this deadlock continued for long, the government could use it to dismiss Zeman, arguing that he is unable to reach agreement on personnel issues with Blazek, Kundra says.

On the other hand, Blazek has not ruled out appointing Bradacova one day. "Certain significant people do not wish her appointment. If I did it now, it would cause a big uproar," Blazek is quoted as saying.

His proposal for a competition may also be an attempt to win the time and try to change the minds of Bradacova's opponents in the ODS in favour of her, Kundra writes in Respekt.

rtj/t/hol