THE IMPERATIVE CHARACTER OF THE RULING OF THE ADMINISTRATIVE JUDICIARY IN THE REPUBLIC OF MACEDONIA- REAL OR FICTIVE PROTECTION OF YHE RIGHTS AND INTERESTS OF THE CITIZENS

Abstract

With this paper an effort is made to show how much the concept of the administrative judiciary protection in the Republic of Macedonia ensures true and quality protection of the rights and interests of the parties. Inarguable is the fact that the administrative judiciary has a great meaning not just for ensuring an objective lawfulness through appraisal of the lawfulness of certain administrative acts, but also by ensuring a subjective lawfulness, in the regards of attaining the subjective rights and interests of the parties. Namely, the parties look for an administrative judiciary protection when it is about attaining their rights in multiple areas such as denationalization, pension rights, the right of retirement and disablement insurance, the rights of customs and tax procedures, property rights (for example privatization of building land, transformation of building land, the right of using a building land) and other rights posited by law. From this kind of legal protection for the parties depends whether they will attain a certain right, which they think they are deprived from with the contested act, or it will be confirmed the lawfulness of the made decision by the administration. From here, we think that for the parties the point of having the administrative dispute is for finally attaining their right. However starting from the fact that the basic condition for starting an administrative dispute is the existence of a final administrative act, which is made as a result of having an administrative dispute, the road to protection and attaining of a certain right for the party is long and complicated. Namely, according to the new legal decisions in our country, the administrative legal protection can be obtained in front of four institutions or specifically: in front of a first degree institution in an administrative procedure, in front of a second degree institution after a motion in the administrative procedure, in front of the Administrative Court and in front of the Higher Administrative Court. However going through these four institutions does not mean de facto realization of the legal right of the party. By rule, to be more precise, always after finalizing the administrative dispute, the parties whole “won” case is returned in front of the authorities. And the administrative procedure starts again! 

Taking into consideration the previously mentioned, we will try and answer the following questions: Whether the ruling of the administrative court is a guarantee for attaining a certain right for the party? In what way is the principle of mandatory court ruling is implemented? How to achieve balance between the speed of making the decisions and the effectiveness in the execution of the decisions?