Iustinianus Primus Faculty of Law

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OLD HABITS VS. NEW DEMANDS: CHALLENGES IN REFORMING TOP MANAGERS IN THE MACEDONIAN PUBLIC ADMINISTRATION
(Iustinianus Primus Faculty of Law, 2025-11)
Pavlovska Daneva, Ana
;
Bitrakov, Konstantin
significant factor in determining whether a country will thrive is the quality of its public administration. Citizens are far more likely to enjoy a higher quality of life if their country’s public administration has the capacity to fulfill its duties effectively and perform optimally. The business sector is more likely to develop when the public administration operates smoothly and provides stability, as well as quick and accessible services. The civil sector, likewise, can rely on a capable and responsive partner if the public administration functions transparently and efficiently. In other words, the institutions falling under the umbrella term “public administration” are responsible for enforcing the law (while considering both individual rights and the public interest), implementing policies, supervising compliance with regulations by citizens and legal entities, delivering public services, and more. For that reason, they play a vital role in ensuring citizens’ well-being, fostering a business-friendly environment, and contributing to the development and success of the civil sector. Given this, it is essential that these institutions are properly managed. This requires top public managers who are competent, informed, well-equipped, responsible, and sufficiently independent. In this context, the paper at hand examines top public managers in the Republic of North Macedonia. It explores not only the legal framework governing managers in the public administration (also referred to as top public managers, office holders, elected and appointed persons, or functionaries), but also the actual practices concerning their recruitment, performance evaluation, accountability, and dismissal. The suggestions the authors provide throughout the paper are envisaged as a remedy against the systemic weaknesses that have been identified and that are elaborated upon herein.
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(Un)Constitutionality of the provisions on administrative silence in the Law on Administrative Disputes of the Republic of North Macedonia
(Kopaonička škola prirodnog prava – Slobodan Perović, 2024)
Pavlovska Daneva, Ana
;
Bitrakov, Konstantin
In May 2019, the Assembly of the Republic of North Macedonia passed a new Law on Administrative Disputes, marking the beginning of the third phase in the development of administrative dispute procedures in the country. This law took effect one year later, on May 25, 2020. The law introduced several significant changes to the administrative dispute system: the scope of administrative disputes was expanded; new guiding principles for administrative disputes were established; the administrative judiciary was tasked with ensuring consistency in its rulings (which can be seen as a move towards developing a case-law system); the judiciary was given the power to fine public authorities that fail to cooperate; and new mechanisms such as model-procedure and model-decision were introduced. In this sense, the 2019 Law on Administrative Disputes represents a positive reform, enhancing judicial oversight over public authorities. However, the Law on Administrative Disputes from 2019 also altered the rules for filing lawsuits in cases of “administrative silence” or “silence of the administration” – when the administration fails to issue a decision (individual administrative act) within the prescribed deadlines. The aim of this article is to explain how the new rules for filing lawsuits in response to administrative silence are unconstitutional and should, therefore, be repealed. In that sense, in the paper the authors shall pay attention to the Decision of the Constitutional Court of the Republic of North Macedonia, from July 2024, to initiate a procedure for evaluating the constitutionality of the respective provision of the Law on Administrative Disputes.
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Methods of Consistent Application of the Law on General Administrative Procedure in Conditions of Inconformity of Substantive Laws
(Eurosfera Belgrade, Institute for Comparative Law - Belgrade, MLC Faculty of Management and Law - Ljubljana, 2024)
Davitkovski, Borce
;
Pavlovska Daneva, Ana
;
Bitrakov, Konstantin
The legal framework for the actions of public authorities in the Republic of North Macedonia is made up of the Law on General Administrative Procedures (LGAP) and a large number of special (substantive) laws regulating procedural issues in special administrative procedures. With the adoption of the LGAP of 2015, the rules of general administrative procedures were significantly remodeled so that they provide a better basis for protection of the rights of citizens and business entities in the administrative procedures. According to the findings in SIGMA’s 2021 Monitoring Report on the Republic of North Macedonia, the general legal framework (LGAP) is well aligned with the principles of good administration, but the alignment of specific (substantive) laws is slow and incomplete. The LGAP was adopted in 2015, and its application started in 2016. The legislator prescribed a delayed effect on the application of the LGAP for a whole year, in order to harmonize the special (substantive) laws with this general code of rules for the administrative procedure. Yet, this has not been done up to date. The application of the new provisions of the LGAP, especially those that provide for broader protection of citizens and legal entities and increased efficiency of the public authorities, is jeopardized. Thus, this article shall focus on the problem of non-application of the new provisions of the LGAP, especially due to the inconsistency of substantive laws with the LGAP, but also for other reasons. Suggestions on how to strengthen the implementation of the LGAP shall be offered. A vital role will be played by the administrative judiciary, which is corrective to the administration, but also the process of digitalization of the administration.
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Navigating Challenges in the Just Energy Transition: Policy and Institutional Dynamics for Implementation in North Macedonia
(Institute for Sociological, Political and Juridical Research, Ss. Cyril and Methodius University in Skopje, 2024)
Antonovska Joskoska, Frosina
;
Bitrakov, Konstantin
Despite the multiple crises that have challenged the political leadership and slowed down the just energy transition process in the Republic of North Macedonia, the past few years marked significant milestones in the energy and climate sector. The country undertook serious international commitments for enhanced climate action and energy reforms with the submission of the Nationally Determined Contribution to the Paris Agreement and the endorsement of the Sofia Declaration on the Green Agenda for the Western Balkans in 2020 followed by an adoption of an action plan. The decarbonisation roadmap was underpinned with the preparation of the first integrated National Energy and Climate Plan and the agreement on the 2030 energy and climate targets at the 2022 Ministerial Council of the Energy Community. Some efforts to provide pathways to reach those targets have been made also on a national level. However, regardless of the attempts to encompass all the relevant policies and measures in the respective planning documents in a holistic manner, their implementation remains unsuccessful and the institutional approach is fragmented. The climate and energy portfolios continue to be divided among the competent authority in charge of the environment and the competent authority for energy, that lack the needed capacities deriving from the climate and energy legislation, even in the most restrictive sense of their understanding. The institutional mechanisms for operationalization of the broader concept of energy transition is completely missing, limited to the ad hoc coordination by different institutions. This arrangement does not deliver the needed institutional setup which would facilitate the systemic shift that the just energy transition prerequisites. This paper analyses the obligations deriving from the undertaken climate and energy commitments, the national documents transposing those obligations and their inter-relation with the competent institutions, as well as the capacities for their comprehensive planning, implementation and monitoring.
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The Implementation of the Aarhus Convention in the Republic of North Macedonia: Limited Tools and Capacity for Environmental Justice
(Hart Publishing, 2025)
Antonovska Joskovska, Frosina
;
Bitrakov, Konstantin
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Digitalization of the Macedonian public administration: a pathway to prevent maladministration and illegal activities
(Department of Business Law, Faculty of Economic and Social Sciences of the Budapest University of Technology and Economics, Budapest, Hungary Department of Law, Faculty of Law & Management, University of Mauritius, Mauritius Department of Private International Law, Faculty of Law, University of Szeged, Szeged, Hungary Faculty of Law and Business Studies Dr Lazar Vrkatić, Novi Sad, Serbia Faculty of Law, Ankara Yıldırım Beyazıt University, Ankara, Turkey Faculty of Law, Yozgat Bozok University, Yozgat, Turkey Iustinianus Primus Faculty of Law, Ss. Cyril and Methodius University, Skopje, Macedonia, 2023)
Bitrakov, Konstantin
The global shift towards the digitalization of public administration presents a potent force in improving service delivery, efficiency, and curbing maladministration. This paper explores this transition in the Republic of North Macedonia, emphasizing the potential of digital platforms like e-governance portals and eIDs in reducing bureaucracy and fostering accessibility to public services. Despite the positive strides, a concrete evaluation of its impact remains elusive. The paper is segmented into several sections. Initially, it establishes a theoretical foundation, correlating digitalization with reduced maladministration, supplemented by comparative experiences. Following this, the focus shifts to the specific national context, discussing citizens' perceptions and other key indicators concerning maladministration and illicit activities. Subsequent sections delve into an analysis of Macedonia's recent legislation and ongoing projects, such as the National Portal of e-Services and the Catalogue of Services, assessing their efficacy and implementation hurdles like law inconsistencies and limited technological infrastructure. In conclusion, the paper underscores the necessity for a comprehensive approach to digitalization, encompassing legislative amendments and organizational reforms, alongside technological advancements. While Macedonia has initiated this process, sustained efforts are vital to surmount existing obstacles and maximize the benefits of digital technology in mitigating maladministration.
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Macedonian State Commission for Prevention of Corruption: Can It Effectively Control and Prevent Corruption in the Public Administration?
(ADJURIS - International Academic Publisher, 2023)
Pavlovska Daneva, Ana
;
Bitrakov, Konstantin
This paper deals with the core preventive anti-corruption authority in the Republic of North Macedonia (hereinafter: Macedonia), which is the State Commission for Prevention of Corruption (hereinafter: SCPC). The main research question is: can and does the SCPC effectively control the public administration as per its legal competencies and does it therefore prevent corruption successfully? The final objective is to provide critical observations in terms of the SCPC’s functions, tasks, and powers, as well as its performance and the effects of its work, which would later allow for recommendations for improvement. In other words, the paper will indicate that a discrepancy exists. By law, the SCPC is the key authority for prevention of corruption in the public administration. In reality, the SCPC’s successes are rather humble – the administrative corruption has hardly been eliminated. The content of the paper reflects its object and the idea behind it. It shall pay attention to the existing research in terms of the prevalence of corruption in the Macedonian public administration (so that the national context is given), the role of the SCPC by law and its performances.

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