IMPLICATIONS OF THE REFORMED ADMINISTRATIVE JUDICIARY IN THE REPUBLIC OF NORTH MACEDONIA

Authors

  • Ivana Šumanovska Spasovska ,

Abstract

This paper analyzes the latest trends in administrative-judicial control in the Republic of
North Macedonia. More specifically, the subject of the research in this paper is the
development of the administrative judiciary in RNM from 1991 to 2019. The paper will
answer the questions related to the legal regulation of the administrative dispute in
Macedonia, as well as the questions regarding the organizational innovations in the
administrative judiciary. Furthermore, it will analyze the new institutes in the administrative
dispute and how the scope of the administrative-judicial protection is gradually changing, as
well as the trend of changing the role of the Administrative Court from cassation to
meritorious role, that is, the subject of analysis of the paper is deciding in full jurisdiction as a
rule in administrative court proceedings.
The purpose of the research is to show the implications, that is, the effects of the
administrative judiciary reforms in the Republic of North Macedonia, more specifically how
they act or how they can affect the realization of the secure legal protection of the rights and
legal interests of individual and legal entities from the acts and actions of the public
authorities, how they can influence the provision of the efficient and effective administrativejudicial procedure and how the administrative judiciary in the Republic of North Macedonia
has been harmonized with the European principles and standards. At the same time, questions
will be raised as to whether the administrative courts have sufficient material, human and
technical capacities to effectively implement the latest legal solutions.
Special emphasis in the paper will be put on the analysis of the latest Law on Administrative
Disputes adopted in May 2019, namely, the reasons for adopting a new law and the
innovations provided by this law.
For this purpose, the positive-legal method and the historical and comparative method are
used to analyze the legal regulation of the administrative dispute, the historical development
of the administrative dispute and the presentation of the European recommendations for the
regulation of the administrative judiciary.

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Published

2019-05-26