The Challenges of the Implementation of Paragraph 1 of Article 6 of the European Convention on Human Rights and Fundamental Freedoms in the Judicial System of the Republic of Macedonia

In many occasions, the European Court of Human Rights has reiterated that the ECHR is a ‘living instrument’. The rights enshrined in the Convention have to be interpreted in the light of present day conditions so as to be practical and effective. Therefore, the Court has on several occasions modified its views on certain subjects because of scientific developments. Although in the scope of Article 6(1) of European Convention on Human Rights are civil rights and obligations and criminal charges, the application to administrative disputes has arised from the Court’s case-law. This paper will try to analyze the framework of administrative disputes in the Republic of Macedonia, mainly the Law on Administrative Disputes and its consolidation with the international standards, specifically with the ECHR. Further, subject of elaboration will be the Macedonian dossier in Strasbourg and the judgments in which the ECtHR found violation of Article 6 of ECHR in relation to administrative disputes and procedures.

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Macedonia: The impact of the European Convention on Human Rights and the case law on the Republic of Macedonia

The Impact of the Echr on Democratic Change in Central and Eastern Europe ◽

10.1017/cbo9781316471340.014 ◽

2016 ◽

pp. 266-288

Author(s):

Mirjana Lazarova Trajkovska ◽

Ilo Trajkovski

Keyword(s):

Human Rights ◽

Case Law ◽

European Convention ◽

Republic Of Macedonia ◽

The Republic ◽

The Impact

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Oral public hearing in an administrative dispute

Zbornik radova Pravnog fakulteta Novi Sad ◽

10.5937/zrpfns54-23384 ◽

2020 ◽

Vol 54 (1) ◽

pp. 487-502

Author(s):

Renata Bjelica

Keyword(s):

Human Rights ◽

Fair Trial ◽

European Convention ◽

Public Hearing ◽

Judicial Decisions ◽

Legal Provisions ◽

Fundamental Freedoms ◽

Protection Of Human Rights ◽

The Republic ◽

The Right

The right to an oral public hearing is covered by the right to a fair trial as a right guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms as well as by the Constitution of the Republic of Serbia. In this sense, the Law on Administrative Disputes prescribes a rule for the court to establish the facts at an oral public hearing. This law prescribes exceptions to the rule, as well as cases in which the court will "always" and in which it is "obliged" to hold an oral public hearing. Analyzing the legal provisions, with reference to the relevant administrative and constitutional caselaw, and considering the present organization and capacity of the administrative judiciary, the author pointed to certain shortcomings of legislative solutions and administrative judicial decisions, and based on the conclusions drawn, tried to offer possible solutions so that, when it comes to holding a hearing before a court, a higher degree of fairness of trial could be achieved.

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Religious Freedoms In Republic Of Macedonia

SEEU Review ◽

10.1515/seeur-2015-0019 ◽

2015 ◽

Vol 11 (1) ◽

pp. 159-165

Author(s):

Albana Metaj-Stojanova

Keyword(s):

Human Rights ◽

Legal Status ◽

International Standards ◽

European Convention ◽

Political Rights ◽

Religious Groups ◽

Human Right ◽

Republic Of Macedonia ◽

The Republic ◽

The Individual

Abstract With the independence of Republic of Macedonia and the adoption of the Constitution of Macedonia, the country went through a substantial socio-political transition. The concept of human rights and freedoms, such as religious freedoms in the Macedonian Constitution is based on liberal democratic values. The Macedonian Constitution connects the fundamental human rights and freedoms with the concept of the individual and citizen, but also with the collective rights of ethnic minorities, respecting the international standards and responsibilities taken under numerous international human rights conventions and treaties, of which the country is a party. Republic of Macedonia has ratified all the so called “core human right treaties” and now the real challenge lies in the implementation of the international standards. Some of these international conventions and treaties of the United Nations and of the Council of Europe are inherited by succession from the former Yugoslavian federation. Religious freedoms are guaranteed by the Universal Declaration of human rights (1948), the International Covenant on Civil and Political Rights (1966), the European Convention on Human Rights (1953), the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (1981) (all documents ratified by the Republic of Macedonia). According to the Constitution of the Republic of Macedonia “The freedom of religious confession is guaranteed. The right to express one's faith freely and publicly, individually or with others, is guaranteed„. After the conflict of 2001 the Ohrid Framework Agreement secured group rights for ethnicities that are not in majority in the Republic of Macedonia. The present Law on the legal status of the church, religious communities and religious groups of 2007, repealed the Law on religion and religious groups of 1997.

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Suicide in the Military as a Breach of the Right to Life, under the Provisions of Art. 2 of the European Convention on Human Rights and Fundamental Freedoms (ECHR.)

SSRN Electronic Journal ◽

10.2139/ssrn.2836637 ◽

2016 ◽

Author(s):

Sotirios Kyrkos

Keyword(s):

Human Rights ◽

European Convention ◽

Right To Life ◽

Fundamental Freedoms ◽

The Right ◽

The Military

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Council of Europe

10.1093/oso/9780198786627.003.0004 ◽

2018 ◽

Author(s):

Oliver Lewis

Keyword(s):

Human Rights ◽

European Convention ◽

Social Rights ◽

Council Of Europe ◽

Persons With Disabilities ◽

European Committee ◽

European Court ◽

Human Rights Treaties ◽

Fundamental Freedoms ◽

Two Bodies

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and Fundamental Freedoms (ECHR)) and the European Committee of Social Rights—and outlines their mandates with regard to integrating UN human rights treaties. It analyses how these two bodies have cited the Convention on the Rights of Persons with Disabilities (CRPD). The dataset was forty-five cases dealt with by the Court and two collective complaints decided by the Committee that cite the CRPD up to 2016. Notwithstanding the relatively small size of the dataset, the conclusions are that the Council of Europe system has yet to engage seriously in the CRPD’s jurisprudential opportunities. The reasons for this cannot be ascertained from a desk-based methodology, and further research is required.

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