Documents: Fundamental rights - Procedural safeguards

 Report from consecutive visits on the situation and conditions in the penitentiary-correctional institutions in the Republic of North Macedonia in July 2021

  •  15 November 2021
  •  Ina Dzugumanova, Arben Gudachi
  •  National
  •  Non-governmental organization
  •  Report

his report was prepared within the framework of the project “Eliminaton of Torture and Inhuman Treatment in Prisons and Deteniton Facilities”, funded by the European Union. For the purposes of the project, a Memorandum of Cooperaton was signed between the Macedonian Young Lawyers Associaton, the Helsinki Commitee for Human Rights and the Administraton for Execution of Sanctions. The report is based on field visits by the representative of the Helsinki Committee for Human Rights – Ina Dzugumanova, representatives of the Macedonian Young Lawyers Association – Arben Gudachi and Irena Zdravkova, as well as external experts hired by the monitoring team, psychiatrist – Marija Kostadinovska and psychotherapist – Elisaveta Sekulovska. The experts were hired to assess the potential impact of material condidions in prisons and detention facilities on persons staying in these facilities. The assessment was conducted by providing psychiatric and psychotherapeutic counseling to convicts and talking

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 2020 Report on the Implementation of the 2017-2022 Strategy for Reform of the Judicial Sector

  •  28 September 2021
  •  Iva Conevska Vangelova, Zlatka Stamboliska - Popovska
  •  National
  •  Non-governmental organization
  •  Report

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

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 Резултати и недоследности во имплементацијата на Стратегијата за реформа во правосудниот сектор 2017-2022 година

  •  20 September 2021
  •  National
  •  Non-governmental organization
  •  Оpinion

 Предизвици во решавање на проблемите во граѓанско-правната област

  •  16 September 2021
  •  National
  •  Non-governmental organization
  •  Policy document

 Analysis of the Quality and Uniformity of Criminal Law Court Decisions

  •  14 September 2021
  •  Natali Petrovska
  •  National
  •  Non-governmental organization
  •  Analysis

Judicial decisions shall be drafted in an accessible, simple, and clear language. Judges shall issue reasoned decisions, pronounced in public within a reasonable time, based on fair and public hearing. Judges shall use appropriate case management methods. In pursuance with the ECtHR case-law, the reasoning must contain a specific and explicit reply to key importance arguments, submissions and claims, which are decisive for the outcome of the proceedings, i.e., for the adoption of the court decision. The purpose of this analysis is to contribute to improving the quality of court decisions in the civil cases, to improve the procedure itself, as well as to contribute to improving the uniformity of decisions in order to respond to citizens’ expectations with regard to their right to a fair and just trial and access to justice.

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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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Key documents
  • European Commission Screening report for the Republic of Croatia
  • European Commission: Urgent Reform Priorities for the Republic of Macedonia
  • The Treaty on European Union
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