Documents: Judiciary - Professionalism, competence, efficiency

 Bulgaria’s Experience in Reforming the Judiciary as a Challenge for EU Membership

  •  13 September 2021
  •  Julijana Nikolova
  •  International
  •  Non-governmental organization
  •  Policy document

The process of reform of the judiciary in Bulgaria is still ongoing, with no establishment of a solid and clearly defined framework for the judicial system or consensus amidst political parties, the judiciary, and the public on the concept for the development of the setup and organisation of the judicial system in sight. The role and place of the prosecution and investigation against the Prosecutor General and deputies thereof are the issues that fuel most of the debates and are a source of perpetual disagreement. The road towards the resolution of those fundamental issues spreads across the metaphorical minefield that is the legacy of prior amendments, including judgments of the Constitutional Court. The experience of Bulgaria indicates that the consensus of parliamentary parties alone is not sufficient to effect reforms as parliamentary representation tends to be too dynamic, especially in times of crises that follow one after another. A much broader agreement is required, and civil

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 Constitutional court of the Republic of North Macedonia, experience and perspectives

  •  13 September 2021
  •  Margarita Tsatsa Nikolovska, Igor Spirovski, Martin Sopronov
  •  National
  •  Non-governmental organization
  •  Analysis

Constitutional judiciary has been existing in Macedonia for almost six decades. The First Constitutional Court, as a separate constitutional order institution controlling constitutionality of laws and constitutionality and legality of other general legal acts, was introduced with the 1963 Constitution of the Socialist Republic of Macedonia. Its organizational setting, powers and working procedures for exercising its jurisdiction were regulated in detail with a special law. In accordance with its powers, the Constitutional Court exercised additional a posteriori or conditional repressive control over the constitutionality of the laws by making decisions that had the legal effect of determining unconstitutionality of a law. Where the Assembly failed to harmonize the law within 6 months, the Constitutional Court would conclude, with a new decision, that such law was abrogated.

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 Академски блог: Како да ја подобриме правната култура во Македонија

  •  25 August 2021
  •  National
  •  Non-governmental organization
  •  Other

 Analysis of the Quality of Court Decisions in Misdemeanor Cases

  •  23 August 2021
  •  Dr. Mariana Loncar Velkova
  •  National
  •  Non-governmental organization
  •  Analysis

The analysis of the quality of court decisions in misdemeanor cases written by Dr. Mariana Loncar Velkova, was made on a total of 60 decisions from four appellate areas, issued in the period from 2017 to 2020, where one of the parties in the proceedings is a natural person. The analysis was based on a set of qualitative indicators as per the Methodology for Analyzing the Quality and Uniformity of Court Decisions and it does not quantify the results obtained with the quantitative indicators according to the Methodology. Each decision was individually analyzed without being compared with the others, by applying the indicators from the mentioned Methodology.

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 Alliance, solidarity, and struggle – challenging the status quo in the macedonian contemporary labour unionism

  •  20 July 2021
  •  Vildan Drpljanin, Natasha Petkovska
  •  National
  •  Non-governmental organization
  •  Report

This paper analyses the role of the trade unions in labour relations through the prism of their legal subjectivity. By presenting two different views on the legal status, the aim is to show how the conducted research findings impose the tendency to challenge the existing status quo. Given the asymmetric power between higher-level unions and the lower-level unions in the discourse on their legal subjectivity, the paper shows that when all trade unions enjoy the status of a legal entity, the substantive trade union organisation is strengthened, as opposed to the purely formal one. The arguments point out that acquiring the status of a legal entity with the moment of registration in the relevant register, is the first step on the long road to strengthening the alliance, solidarity, and the struggle to achieve common interests and goals for the unions. The paper provides answers on the primary function of the trade union and the legal status of all trade unions. The paper contributes to cr

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 The (in)efficiency of State Labour Inspectorate’s protection of labour rights – Infographic number 7

  •  30 March 2021
  •  National
  •  Non-governmental organization
  •  Statistics

This infographic contains data on how does the State Labour Inspectorate handle requests for extraordinary inspection, as well as apposite recommendations for the improvement of the Inspectorate’s efficiency. The Infographic covers the period from January to March 2021 and was produced within the project ‘Improved productivity through better labour legislation in North Macedonia’, funded by the Good Governance Fund of the United Kingdom Government, with the support of the British Embassy Skopje. Opinions and views stated in the contents do not necessarily reflect the opinions and views of the Government of the United Kingdom.

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 Infographic: How frequently is mediation used in our country?

  •  28 January 2021
  •  National
  •  Non-governmental organization
  •  Information

An infographic showing the rate of mediation usage as an alternative way of solving disputes in North Macedonia.

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 2019 report on the results of the implementation of the 2017-2022 strategy for reform of the judicial sector

  •  05 November 2020
  •  Aleksandar Nikolov, Iva Conevska
  •  National
  •  Non-governmental organization
  •  Report

This Report is based on the plan for monitoring the implementation and 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 the justice system institutions, as well as the degree of attainment of strategic goals, guidelines, measures and activities envisaged under the Strategy.

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 2019 report on the results of the implementation of the 2017-2022 strategy for reform of the judicial sector

  •  05 November 2020
  •  Aleksandar Nikolov, Iva Conevska
  •  National
  •  Non-governmental organization
  •  Report

This Report is based on the plan for monitoring the implementation and 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 the justice system institutions, as well as the degree of attainment of strategic goals, guidelines, measures and activities envisaged under the Strategy. The indicators help measure the results from the human rights perspective and from the viewpoint of the Strategy’s effects on citizens, against the background of the overall work of the justice system. This Report covers the following strategic goals set forth under the Strategy: quality, efficiency, transparency, strategic planning and policy-making, judicial institutions, criminal matters, misdemeanour matters and civil matters. The indicators do not cover the following strategic goals under the Strategy: independence and impartiality, liability, access to just

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 Ветинг во судството: Од вонредна мерка до вонредни проблеми

  •  22 October 2020
  •  National
  •  Non-governmental organization
  •  Policy document