The process of enforcement of court decisions as integral part of fundamental human rights

AuthorEmine Zendeli
ISSN 2410-759X
Acces online at
Balkan Journal of Interdisciplinary Research
IIPCCL Publishing, Tirana-Albania Vol. 1 No. 3
January 2016
The process of enforcement of court decisions as integral part of
fundamental human rights
Emine Zendeli
The idea of this paper is to bring the attention of the challenges for developing of efficient
normative framework for enforcement of court decisions within the legal system of
Republic of Macedonia (RM). The RM’s orientation to become full member of the European
Union, brought up the need for harmonization of the legislation with the regulation of
the European Union. This effort derives as response to the request foreseen with the
European Convention on human rights and fundamental freedoms, according to article
6, RM as member is obliged to guarantee the right of conducting the citizen’s rights and
obligations in “reasonable term”. In this context, the European Court practice has
confirmed that including the process of enforcement of court decisions, consists integral
part of fundamental human rights. This would mean that this principle doesn’t include
solely the period of adoption of court decisions, but, includes the procedure of enforcement
Keywords: enforcement, enforcement procedure, enforcement agent, court decision.
The process of enforcement of court and administrative decisions, so as the
enforcement upon ships and aircrafts in Former Socialistic Republic of Macedonia,
that have been realized in accordance with the provisions of the Law on enforcement
procedure of Former Socialistic and Federative Republic of Yugoslavia (Law on
enforcement procedure, (,, Official Gazette of SFYR”, no. 20/78, 6/82, 74, 87, 57/89,
27/90, 35/91)-LEP). In 1997, indeed six years after declaration of independence of
Republic of Macedonia was adopted new republican Law on enforcement procedure
(LEP 53/97). Beside few minimal technical changes, with the adoption of this law,
the Republic of Macedonia, in fact only confirmed that has accepted the federal Law
of Former Socialistic and Federative Yugoslav Republic, what part has been it itself.
So, with this law were not changed the basic principles and the concept of the
procedure of enforcement and as consequence the conduction of the obligation
foreseen with this law testified for unefficiency in enforcement of court decisions in
the civil field, in few segments. Major deficiencies are occurred on the large dependency
of the procedure from the enforcement judges, that managed, controlled the court
procedure in general and brought decisions, while other officials had limited
authorizations (Article 6, paragraph.1, LEP). This fact shows the court overburdens
with enforcement files that consequently cause huge delay of enforcement
procedures. The deficiencies in the field of enforcement were dealt also with: sending
of paperwork; bigger opportunity for objections and stopping of the procedure
from debtor’s side and third parties; the miss of public books and reliable registers;
insufficient information of creditors; transactions for the deception of creditors;

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