THE CONSTITUTIONAL CHALLENGES OF JUDICIAL INDEPENDENCE - ENDLESS STORY IN MACEDONIA

Abstract

This article explores the standards for judicial independence built in Europe
and Macedonian story on this issue. At the beginning the article analyzes European
trends in establishing structural safeguards of the judicial independence, connected
with the: appointment, promotion, transfer, dismissal, remuneration and immunity of
judges. So, the article points different European constitutional solutions for obtaining
the balance between the judicial independence and the accountability of the judiciary
in order to avoid negative effects of corporatism within the judiciary. This shows that
there is no overall best solution for that: all have advantages and disadvantages.
The also article analyzes constitutional story of independence of judiciary in
the Republic of Macedonia. The constitutional provisions from 1991, constitutional
amendments from 2005 and proposed changes from 2014 are analyzed.