The Judiciary

Like the structure of the East European parliaments and electoral systems, the formal structure of the East European judicial system is its least important feature. Without any real independence from, or power vis-à-vis, the other branches of the political system (and above all the communist party), the judicial system of the East European countries acts as a subordinate organ of law, in charge of protecting the interests of the communist party and the political system. Indeed, the constitutions of most of the East European states contain special articles articulating the duty of the courts to protect the country’s socialist system. Thus, the 1960 CSSR Constitution reads: “The courts of law and the procurators’ offices protect the Socialist State, and its social system.” ¹ The Bulgarian Constitution of 1971 states in similar vein: “The courts dispense justice in the People’s Republic of Bulgaria. They protect the state and social system established by its Constitution, the socialist property, the life, freedom, honor, rights, and legitimate interests of citizens, [and] the rights and legitimate interests of socialist organizations.” ²