Iustinianus Primus Law Review

HOLOGRAPHIC WILL IN MACEDONIAN LAW ON INHERITANCE

Dijana Gorgievska — 2023-12-26

The holographic will dating back from the antient roman law, till these days is
one of the most used legal forms for expressing the last will of testators. The
subject of analysis of this paper is defining the holographic will, the essential
elements, and non-essential elements of holographic will in accordance with
Macedonian law on inheritance. In the paper the authors make comparative
analysis, and an analysis of some judicial cases from domestic and comparative
law. The aim of the paper is to make a conclusion about the advantages and
disadvantages of holographic will, how to minimize the disadvantages and to
give some recommendation to the Macedonian legislator in way to improve the
legislative framework of this widespread legal form for expressing the last will
of testators.

DIGITAL ACCESS TO JUSTICE: A STEP TOWARDS REFORMING THE MACEDONIAN JUDICIAL SYSTEM ON THE PATH TO THE EUROPEAN UNION

Ilija Jovanov — 2023-12-26

Digital technologies have a significant positive impact on the efficiency and accessibility of justice. At
the same time, the justice sector must actively promote digital skills if it hopes to equip judges,
prosecutors, court personnel, and other justice practitioners to use digital tools efficiently and with
respect for those who are seeking justice. The changes taking place in the digital age, including the
creation and application of technological solutions that are complementary and replacements, with
varying degrees of legal support and social consideration, are unavoidably impacting the justice system.
The overt risks and threats that must be considered include intrusions on confidentiality, egregious
security flaws, and structural erosion of privacy, to name just a few. The manipulation of the legal
system and particular procedures, as well as the covert undermining of the rule of law and human rights,
including their authority and values, constitute a sizeable portion of the threats that are also concealed
and implicit. The concept of digital access to justice will be covered in more detail in the following
section, along with the question of whether the digitization of justice necessarily leads to improved
access to justice. In the following, we will also state the need to implement certain reform steps for the
modernization of the Macedonian judicial system. We should adhere to a plan that guarantees the rule
of law and observance of the fundamental values upon which the EU is based by establishing an
effective, high-quality, and independent judicial system as a prerequisite for applying EU law as we
move toward full membership in the EU.

NON-DEMOCRATIC SYSTEMS: TYPES AND CHARACTERISTICS

Marko Krtolica — 2023-12-26

While studying political systems nowadays, science usually considers the characteristics of the democratic
systems and the systems that transit from non-democratic to democratic. The overall impression is that very
little attention is paid to studying the characteristics and the types of non-democratic systems. Such neglect
of the characteristics and types of non-democratic systems contributes to the general public ignoring the
danger of the rise of such systems. The rise of non-democratic systems in the last two decades in the world
is evident and therefore it is important that the basic characteristics and types of non-democratic regimes
are clearly elaborated. In that direction, this paper aims to define non-democratic systems, make a clear
distinction between totalitarian and authoritarian regimes, and elaborate on the different types of
authoritarian regimes. The paper also analyzes the rise of hybrid regimes and their difference from classic
authoritarian regimes. Through such an elaboration of the non-democratic systems, the paper concludes
that the non-democratic systems possess characteristics and values that are not compatible with the rule of
law and the protection of human freedoms and rights, and therefore their progress represents a global threat
and danger.

THE EUROPEAN SOLUTIONS FOR THE UNIFICATION OF THE LAW OF SUCCESSION

Esin Kranli Bajram — 2023-12-26

In the series of legal spheres in which serious efforts have been made towards the unification of legal
rules within the European Union, those in the field of family and law of succession come last. The
reasons are quite clear and simple. The enormous influence of the already established tradition in the
field of the succession seemed an insurmountable obstacle, especially because of the obvious
differences between the continental, Common Law system, and the countries belonging to the Nordic
legal family. For that reason, harmonization in the area of law of succession was approached at that
moment when the real need for uniform rules that would be a basis or a roadmap to overcome the
collision of norms between national legislations related to succession became evident.
Namely, the huge number of probate procedures that have a foreign element in them and whose value
is not to be neglected, was a clear signal that the need to take specific steps that will lead to the desired
goal is maturing. Of course, when we talk about the European perspective in the field of law of
succession, we cannot in any sense say that the attempt to find appropriate solutions will mean a
complete break with the succession legal systems of the member countries, but on the contrary, it should
mean consistent respect for national regulations , placed in a wider context, with the aim of solving
some disputed issues on the one hand, but also rationalizing the costs related to probate proceedings
with a foreign element on the other hand.
In summary, the adoption of the European Regulation on Succesion 650/2012 was preceded by slow
and cautious steps and activities of the authorized institutions of the European Union, of which we will
single out as particularly significant the recommendations of the European Parliament from 16.10.2006,
most of which are regulated in the new European Regulation

PRIVATE AND FAMILY LIFE AND CONTESTED MORALITIES IN FRONT OF THE EUROPEAN COURT OF HUMAN RIGHTS

Elena Ignovska — 2023-12-26

In fields of contested moralities, such as in the section between medically assisted reproduction and private
and family life, the margin of appreciation of the European Court of Human Rights is still especially
flexible, thus endangering (instead of protecting) individual human rights. The text will prove this to be the
case via elaboration of two (among the others) cases: the case Paradiso and Campanelli v. Italy (2017) that
involves a reproductive tourism and a lost national recognition of an adopted embryo born by surrogate
woman in a foreign country and the case Orlandi and Others v. Italy (2018) that involves a lost national
recognition to same-sex couples married abroad. The outcome in both cases is different. The author
concludes that the European Court of Human Rights should interpret (as it does in recent cases) on grounds
of rational and strict scrutiny in the European context, because its decisions set a European hierarchy of
values, which cannot vary drastically from State to State. In this way, the Court should remain, for the
Members of the Council of Europe, a guide, and not to allow overuse of the margin of appreciation in the
field of conflicts between fundamental human rights.

CRISIS AND LEGAL TRANSFORMATION: NORTH MACEDONIA’S COVID-19 EXPERIENCE

Jasna Bachovska Nedikj — 2023-12-26

The elevated mortality rates attributed to Covid-19, in conjunction with other concerning statistics
such as traffic-related fatalities and corruption percentages, highlight the level of legal culture among
citizens in the Republic of North Macedonia.
This paper utilizes the Covid-19 pandemic in the Republic of North Macedonia as a case study to
demonstrate the citizens' low level of legal culture. The concept of legal culture will be briefly
explained, with a focus on external legal culture.
Legal culture is deemed a vital factor for the functionality and democracy of a society and will be
evaluated through the state's measures to prevent and control the pandemic. These measures
encompassed the enforcement of mask-wearing, adherence to social distancing, and vaccination.
The Republic of North Macedonia, a post-socialist country with 30 years of independence, has
encountered challenges in transforming its political system and modernizing its legal framework.
Although legal culture is a relatively recent concept in the sociology of law, it holds significant
importance for the rule of law. This concept encompasses diverse indicators reflecting the level of
legal culture in a specific country, with judicial institutions, the non-governmental sector, and
education identified as key contributors to the development of legal culture

THE IMPACT OF INTERNATIONAL HUMAN RIGHTS LAW AND GENERAL PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW ON CONSTITUTIONAL PROVISIONS PROTECTING THE ENVIRONMENT

Goce Kocevski — 2024-01-02

In the second half of the 20th century, as a response to the increasing degradation of the environment, a
process of constitutionalization of environmental protection began. According to data from several authors,
more than 150 constitutions today contain provisions that protect the environment. However, the form and
content through which environmental protection becomes part of the constitutions differ. It can be realized
by recognizing a special right to a healthy environment, establishing an obligation for individuals and states
to protect the environment, and setting up safeguards for using and managing natural resources.
Simultaneously, international law also developed in two directions. The first is by introducing the right to
a healthy environment in the corpus of rights of international human rights law, and the second is through
the development of international environmental law. This paper describes and explores the relationship
between international human rights law and the principles of international environmental law with
references to the protection of the environment embedded in the national constitution. Through the analysis
of 193 constitutions and secondary data sources, attempts to answer whether international law, primarily
international human rights law, and international environmental law, impact the content of the adopted
constitutional provisions. The paper finds that the role of international human rights law differs from region
to region, depending on whether a specific right to a healthy environment is recognized within the regional
human rights protection system. In addition, the principles of international environmental law, such as the
principle of sustainable development, prevention, polluter precaution, and intergenerational equity, which
are increasingly becoming part of the constitutional texts, play a growing role.