Documents: Judiciary - Independence

The rule of law principle is one of the core values comprising the foundations of the European Union. It entails that all public powers act within the boundaries set by the law, in accordance with the values of democracy and respect for fundamental rights. While candidate countries must comply with this principle and adapt the functioning of their institutions accordingly, member states of the EU are also not exempt from this obligation, or the consequences arising from non-compliance.

Article 49 TEU lays out the requirement for new members states: respect and promotion of EU values. Article 2 TEU/Article 19 TEU/Article 67 TFEU recognize that while states have different legal systems, they must respect common rule of law standards for assuring effective legal protection (effective remedy/fair trial). This right is entailed in Article 47 of the Charter of Fundamental Rights and Articles 6 and 13 of the European Convention on Human rights.

The number of detained persons in 2021 (388) is continuously increasing compared to the previous years (2020 – 317, 2019 – 225). There is a slight decrease in the number of detained children in 2021 (55) compared to the same period in 2020 (76). The average period that children spent in detention in RTC Vinojug is 29 days and the maximum is 50 days. In most cases, legal guardian was appointed to the unaccompanied detained children. However sometimes there was a delay in the timely appointment of a guardian. In 2021 the persons were detained at three locations in RC Gazi Baba, RTC Vinojug and RTC Tabanovce. Migrants at RTC Vinojug who were detained as witnesses in the proceedings against the smugglers continued to be held in quarantine before being brought in front of a public prosecutor.

The monitoring report on the implementation of the Anti-Corruption Plan “Action 21” and the National Strategy for Prevention of Corruption and Conflict of Interest, in the period from March to December 2021 was prepared under the project “Monitoring of National Actions for Combating Corruption”, in order to assess the level of implementation of these documents and to show the open issues, gaps and shortcomings in the implementation of the steps planned.

The right to association and public assembly does not in itself mean only the association of citizens with a physical presence through which they would express dissatisfaction with a certain government decision that affects their rights and interests. In the last few years, there is a trend of increased use of Internet tools through which the citizens of a country can act in the online space just as they would act with a physical presence. In North Macedonia, the trend of using online tools is experiencing its peak with the proclamation of a Covid-19 pandemic. The purpose of this Analysis is to summarize the International Legal Framework on the freedom of peaceful assembly in the digital era and to present the state obligations. Also, to research the opportunities and challenges of the assemblies in the digital era and the impact of the new technologies in exercising of the right to free assembly. In the same time to make comparison and research on the concept of digitally-med

The reforms conducted under the auspices of the EU negotiations undoubtedly transformed the judiciary accelerated the fight against corruption and improved the system for the protection of fundamental rights and freedoms. Although these reforms enabled Croatia to become a member of the EU, their results and outcomes were not entirely in line with expectations. Moreover, in the case of Croatia like in many other Central and East European EU member states, it is evident and clearly visible that after the EU conditionality had passed many of the started reforms were not finalised due to changes of political priorities or were reversed (either by changing or choosing not to implement the current policies).

This Report following the implementation of the Strategy is structured in line with the plan for monitoring the implementation and for assessment of the results of the 2017-2022 Strategy for Reform of the Judicial Sector, using citizen-oriented indicators, i.e., indicators facilitating the assessment of the interaction of citizens with justice system institutions, as well as the degree of attainment of strategic goals, guidelines, measures, and activities envisaged under the Strategy. The Project Partnership Justicia: Regaining the Citizens’ Trust introduced citizen-oriented indicators for monitoring and assessing the implementation of the Strategy with a view to promoting the rule of law principle and prompting a greater human rights approach and focus within justice system institutions. Such indicators help measure the results of the 2017-2022 Strategy for Reform of the Judicial Sector from the human rights perspective and from the viewpoint of the Strategy’s effects on citizens, aga