The functioning of the judiciary in the Republic of Macedonia

• Author: Mersim Maksuti
• Position: State University of Tetova
• Pages: 120-125

ISSN 2410-3918

Acces online at www.iipccl.org IIPCCL Publishing, Tirana-Albania

Academic Journal of Business, Administration, Law and Social Sciences Vol. 2 No. 1

March 2016

120

The functioning of the judiciary in the Republic of Macedonia

Mersim Maksuti

State University of Tetova

Abstract

Issues related to the judiciary and their relations with the legislative and executive power

have always been most touched and conveyed problems for solution on a constitutional level.

Historically, the third governmental power, being left for a long period the most vulnerable

aspect of it, has experienced the interference and infringement to its independence from the

two other powers. In particular, in European democracies this lack of balance derived from

the fact that the democratic principle of national sovereignty and the principle of representation,

which presupposed the prevalence of the parliament, have predominated over the limitation

and division of powers (Anastasi, 2004,174).

Nevertheless, there is confusion about what is really happening today in regard to the

compliance with the principle of division of powers in Republic of Macedonia, or to be more

exact, what is the position and the role of the third judicial government within this occurred

reality, to which, unfortunately, the transition period for a democratic governing is being

prolonged much too long since the fall of communism.

The constitution of Republic of Macedonia is based on the fact that a contemporary state

cannot be imagined without the courts as independent institutions from the government. Courts

have been and still are one of the main conditions and guaranties to democracy and civilization

in general (Klimovski, 1998, 351). In these relations the courts as specific institutions of the

local political power limit the apparatus of violence.

The judicial office in Republic of Macedonia should represent the basis of justice through its

form and methodology, guaranteed by the constitution, for equal and unbiased protection of

the human freedoms and rights of the citizens, their property and public interests; the form

and methodology for determining the responsibilities of all and of each, and for imposing

sanctions under the obligations deriving from the laws of this country.

Keywords: courts, reforms, judges, public prosecutor, justice, prosecution, independent,

changes, agreement, corruption, constitution.

Introduction

The reforms implemented so far by the Republic of Macedonia in the judiciary first

and foremost had to do with the constitutional changes, then with the field of

legislation, the Law on Courts, the Law on the Judicial Council, and the Law on the

Public Prosecution etc. These had to do primarily with the selection and composition

of the Judicial Council in R. of Macedonia, then with the appointment, supervision

and the discharge of judges in all levels of the judiciary, but although these were all

inalienable in the consolidation of Macedonia as a democratic and a legal state, yet

they did not succeed to mitigate the political influence on the Judiciary in this country

and guarantee neutrality of the courts as well as provide faster procedures. This would

be in conformity with the right of the citizens for a fair trial and within a reasonable