Control of Legality of Administrative Acts and Protection of Human Rights and Freedoms (original) (raw)

9 Control of Legality of Administrative Acts and Protection of

2016

Subject matter of this study is control of the administration, its types and meaning as well as the position and role of the court in the Republic of Macedonia, in particular from the aspect of protection of the citizens ’ rights and freedoms against the actual illegal acts of the administration. The paper consists of an introduction, three discussion parts and a conclusion. In the introduction, the reasons for researching this important topic are given. In the first part the importance of the control of the administration is indicated. In addition, its types in the Macedonians ’ legal system are described. In the second part of the paper the importance of judicial control of the concrete administrative acts in terms of separation of powers into legislative, executive and judicial is discussed. In the third part the role and the position of the administrative judiciary system in Republic of Macedonia is critically analyzed with respect to the power separation. In addition, the possi...

RELATIONS AND CONTROL MECHANISMS BETWEEN THE LEGISLATURE AND THE EXECUTIVE BODIES IN THE MACEDONIAN CONSTITUTIONAL ORDER

Vision International Scientific Journal, 2021

In the Macedonian constitutional order, which is close to the northern European type of government, the parliamentary government systems, where there is a soft separation of powers and the powers, especially the legislature and the executive, are intertwined in places, also have the authority to supervise the execution of the legislature in accordance with the spirit of parliamentarism. In other words, it is envisaged that the legislative executive has powers such as questions, interpellation, research and investigation commissions, and vote of confidence. In accordance with this philosophy and spirit, the Macedonian Constitution of 1991 gives these supervisory powers to the legislature, namely the parliament. However, in the face of these powerful and effective powers, the selfannulment of the legislature, that is, the institution of selfannulment. Therefore, in this article, these powers are briefly discussed one by one and it is discussed that it may be beneficial to rectify the legislative's self-dissolving power as the executive's power to dissolve the legislature in accordance with the principle of equality of powers. In this way, the constitution's distribution of powers is in any case in line with the nature of the parliamentary government system and the understanding of the theory of separation of powers. The change in the traditional understanding of the parliamentary system hindered the active participation of political parties in the constitutional order and tended to change the balance. Particularly, disciplined parties are effective in this regard and have a great influence on the legislature. In this respect, we think that handling and arranging some legal regulations in the constitutional dimension can be effective in terms of the dynamism and distribution of authority of the system.

The functioning of the judiciary in the Republic of Macedonia

2016

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, unfortu...

Impact analysis of expanding administrative legal protection in Republic of North Macedonia

2019

The implementation of the principles of good governance requires a platform consisting of four components: a) system of administrative procedures that completely regulates the processes of adoption of the administrative acts; b) a clearly structured organization of the public administration and its authorities in all administrative areas and territorial levels; c) professional, competent and independent staff; and d) system of effective judicial control. Each component is equally significant to establish an appropriate administrative process. A good system of administrative procedure protects the rights of citizens and encourages their participation. It avoids unnecessarily complex, formalistic and lengthy processes and improves the transparency and accountability of the administration. In the same time, it reduces the costs of citizens and government expenditures. General administrative procedure addresses these issues in communication between public authorities, citizens and busin...

The Role and Significance of the STATE’S ATTORNEY OFFICE in the Judicial System of the Republic of Macedonia (II)

BSSR - Balkan Social Science Review, 2018

This paper is the second paper resulting from the scientific research project:" The role and significance of the State Attorney’s Office in the judicial system of the Republic of Macedonia"1 conducted by the authors as researchers. This project and the purpose of its research has special significance because it is a state body that in our country, according to the findings of the research team of this project, has not been researched on scientific level and represents a neglected segment in the entire judicial system, rather than having central place in it. While the first paper presents the historical development of the State’s Attorney Office in the legal system of the Republic of Macedonia, this second paper is committed to presenting the data resulting from three different research activities. Firstly, the paper aims to present the results of analyze of the annual reports in certain period of the work and success in resolving cases of this state body. The second research activity was conducting a survey among the citizens in the eastern region of Republic of Macedonia2 in order to collect data about the perception and the knowledge that citizens have regarding this important state body, as well as to analyze the existing communication between the State’s Attorney Office and the citizens in matters of protecting property interests of the state. The third activity was conducting an interview with the representatives of the State’s Attorney Office in the eastern region of Republic of Macedonia. The request for interview was send to representatives of the State’s Attorney Office - the State Attorneys acting in Shtip, Kocani, Strumica and Veles. The research team has received only one official response from the State’s Attorney Office representative in Kocani, which was negative3. Due to this negative answer as well as the incontactability and the silence of the other representatives of the State’s Attorney Office, unfortunately we were not able to conduct this research activity. On the other hand, the conduct of the representatives in this matter is considered a solid ground for making conclusions, which will be presented in the concluding remarks. All of the three research activities together aimed to reach findings and conclusions as to what extent the State’s Attorney Office is the appropriate mechanism to protect state interests and at what level are the possibilities of the State Attorney in terms of its function to provide this adequate protection of the property interests of the state. The answer to these questions alone should answer the question whether there is need for reorganization, strengthening the role and increasing the quality of work of the State’s Attorney Office of the Republic Macedonia.

Some Aspects of the Application of the Administrative System and Public Services Regulation in North Macedonia

2019

The process of selection in the employment and promotion of administrative and public civil servants is subject to permanent reform decisions in the legislation regulating the personnel policy in the public sector institutions of the Republic of North Macedonia. A part of that process is the legal and practical regulation of the system of public services in the country. Since the independence, the public administrative system and public service system have been constantly legally upgraded and developed in order to be constantly modernized in meeting the public interest of the c…o.;;Macedonian citizens. In doing the critical analysis, the historical data and various governmental documents and applicative legal provisions were considered. However, the main key legal documents that are analyzed are the effects of the present legal solutions defined in the Law on Administrative Servants and the Law on Public Sector Employees. However, besides the good intentions of the political elites ...

THE CONSTITUTIONAL COURT IN THE REPUBLIC OF MACEDONIA: ARBITRARY INTERPRETATION OF ITS COMPETENCIES -On the Occasion of "the Case of Dissolution of the Parliament"

Iustinianus Primus Law Review , 2016

Every legal system strives to be coherent. The task of the constitutional judiciary is through control of the constitutionality and legality to ensure compliance of the entire legal system. Despite basic postulate that constitutional courts perform control of the constitutionality or legality of the general legal acts, there are differences in the scope of acts which are subject to review of constitutionality, as well as in the scope of acts which are basis for assessing compliance with them. The latest development in the Republic of Macedonia, when the Constitutional Court in the period of three months adopted two completely different decisions, raised the issue, which acts are subject to constitutional review. This paper analyses the issue of the acts, which are subject and the acts, which are basis for control of constitutionality, with special reference to the Constitutional court of the Republic of Macedonia. The constitutional frame on Constitutional court of Macedonia is not precise and detailed, but that should not give the right to the constitutional judges arbitrarily to interpret their competencies. Special attention is given to analysis of two decisions of the Constitutional court in which it arbitrary refused to decide on constitutionality of acts of the Parliament, stating that they are not general acts. One of them is Decision for Dissolution of the Parliament with postponed effect, adopted in 2016. This case is peculiar even more, because the majority in the Constitutional court changed their minds and adopted completely opposite decisions within a period of three months. The paper also analyses the arbitrary interpretations of the Republic of Macedonia on the content of the review of constitutionality.

Internal Control of the Public Administration Bodies (Institutions) in the Republic of Macedonia

2012

The main objective of this paper is to address a significant segment of public administration which is in direct contact with citizens and more often seen as a main violator of human rights and citizens. By analyzing and observing the state of public administration, legal and political instruments which are known to exert internal control within the Administration, the paper attempts to increase accountability and legitimacy of the Administration and thus sets more efficient legal system of functioning of the Administration. The paper is focused to internal control of administration but the gained experiences in administrative bodies can be practiced in other institutions that perform work in the public interest. Public administration reform is an important segment of the overall reforms in the Republic of Macedonia and one of the preconditions defined by the European institutions for full membership of the Republic of Macedonia in the European Union.