Iustinianus Primus Faculty of Law

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Author: search.filters.author.Rakočević, MilkaLanguage: search.filters.language.English

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     HUMAN RIGHTS AND ANTIDISCRIMINATION LAW, RIGHT OF ACCESS TO JUSTICE, NORTH MACEDONIA
    (SEE Law Journal, 2022)
    Rakočević, Milka
    In the context of ensuring the principles of equality and non-discrimination every democratic state has the obligation to standardize the corpus of rules that will regulate the anti-discrimination matter precisely and comprehensively in order to create solid mechanisms for efficient and effective legal protection against discrimination. In case of discrimination, besides the possibility of effectuation of extra-judicial mechanisms for protection against discrimination, the victim of discrimination under the law has the right to protect its right in court proceedings. The subject matter of this article is the civil court protection from discrimination in the Republic of North Macedonia. Analysis of the subject matter includes a number of important issues in relation to the judicial protection in the case of improper discrimination. Mainly, the paper deals with the characteristics of individual anti-discrimination judicial protection. The author sets special focus on the procedural specifics that characterize this type of court proceedings.
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    SPECIALIZATION OF JURISDICTION BACK FROM OBLIVION – A NEW ATTENTIVE AND ASSIDOUS APPROACH TO COMPLEX CROSS BORDER FAMILY LAW CASES OR POSSIBLE REVITALIZATION OF ‘MUTUAL TRUST’
    (Josip Juraj Strossmayer University of Osijek, Faculty of Law Osijek, 2021)
    Rakočević, Milka
    ;
    New trend emerges in the quest for establishing real actual trust between the main stakeholders in the complex cross border family law cases, which is providing for concentration of jurisdiction. The Hague Conference of Private International Law (HCCH) and the European Union (EU) are in forefront of establishing concentrating jurisdiction for those proceedings based on limitation of the number of courts in order to solve two problems: to enhance the predictability and the uniformity of the outcomes in these cases and to re-establish the mutual trust on realistic grounds instead of its current notion as a political decision. Such strategy is welcomed since it starts from the bottom and it tends to elevate the trust between the persons concerned in these proceedings and with that it stretches its prerogatives to the top, which is to enhance the trust between the legal systems. Whether it will succeed it depends again on the modalities of its establishment in the national legal systems. Generally, specialization of jurisdiction is frequently considered to be an important reform initiative in improving the development of a successful judicial system which is why it is recognized as a rapidly growing trend regarding the organization of the judiciary systems worldwide. The article will discuss the concepts of specialization of jurisdiction and its possible implementation in the national legal system of Republic of North Macedonia (N. Macedonia) regarding the complex cross border family law cases.
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    THE SYSTEM OF FREE LEGAL AID IN THE REPUBLIC OF NORTH MACEDONIA: CURRENT SITUATION AND CHALLENGES
    (Pravni fakultet Sveučilišta u Splitu, R. Hrvatska, 2022)
    Zoroska Kamilovska, Tatjana
    ;
    Rakočević, Milka
    ;
    Micevska, Tea
    In order to fully enjoy the right to access to justice, it is not sufficient for the state to establish an effective system of legal protection, but to provide a system where, without discrimination of any kind, every person will be able to enjoy its right to access to justice regardless of the obstacles, typically of financial nature, one can confront in realization and protection of its rights. Such system is needed in order for the human rights to be protected and enforced equally. The right to legal aid is considered as an essential element of a fair, human and efficient system of administration of justice. The paper discusses certain aspects of the right to free legal aid in international and national context. After analyzing the essence and concept of legal aid generally, the authors refer to the European standards relating to legal aid focusing on the legal instruments and measures adopted by CoE and EU and the case-law of the ECtHR in that regard. Furthermore, the current normative framework of North Macedonia concerning free legal aid in civil cases is being discussed including an analysis of the practical implementation of the Law on Free Legal Aid from 2019 and the challenges that occurred from its application in the practice.
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    OBTAINING AN ENFORCEABLE TITLE FOR UNCONTESTED MONETARY CLAIMS: PARALLELS BETWEEN MACEDONIAN AND SPANISH LAW
    (IBEROJUR, 2020)
    Rakočević, Milka
    The paper discusses the legislative framework of Macedonia and Spain regarding the available procedural mechanisms for obtaining an enforceable title for uncontested monetary claims. Similarities and differences of the procedural systems are observed, as well as their results. The comparison of procedural mechanisms of both countries highlights the conceptual diversity, but also proximity of two countries, especially in the light of their affinity to different procedural circles within the continental Europe.
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    BONA FIDES IN ROMAN CIVIL PROCEDURE
    (Ius Romanum, Periodicum Digitale, 2021)
    Rakočević, Milka
    Although not always distinguished as an explicit procedural phenomenon, abusus iuris doctrine has a long history and is familiar to all periods of historical development of civil procedure. As one of the basic principles of contemporary civil procedure, if analysed historically, it can be noted that the prohibition of abuse of procedural rights is neither modern nor contemporary in the legal meaning of those terms, nor in the historical retrospective loses the importance that characterize it in the modern civil procedure. Within the paper, the focus is set on the administration of justice in ancient Rome with particular interest on the institute of abuse of procedural rights. The paper discusses the beginnings and development of organized methods of legal protection in Roman civil procedure with the aim to determine its basic characteristic through different stages of its development and to analyse the frivolous behaviour of the parties before the tribunal and procedural mechanisms for supressing vexatious litigation. The historical retrospective is covering different periods of development of the Roman litigation. The main drive for analysis of the historical dimension of civil procedure in ancient Rome is to analyse the genesis and evolution of the principle of bona fides in Roman civil procedure
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    11. THE ROLE OF THE HIGHER COURTS IN SECURING THE UNIFORM APPLICATION OF THE LAW IN NORTH MACEDONIA
    (Institute for Democracy “Societas Civilis” – Skopje, 2022-07)
    Prešova, Denis
    ;
    Rakočević, Milka
    ;
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    SPECIALIZATION OF JURISDICTION BACK FROM OBLIVION – A NEW ATTENTIVE AND ASSIDOUS APPROACH TO COMPLEX CROSS BORDER FAMILY LAW CASES OR POSSIBLE REVITALIZATION OF ‘MUTUAL TRUST’
    (Faculty of Law Osijek Stjepana Radica 13 31000 Osijek, 2021-07-26)
    Rakočević, Milka
    ;
    New trend emerges in the quest for establishing real actual trust between the main stakeholders in the complex cross border family law cases, which is providing for concentration of jurisdiction. The Hague Conference of Private International Law (HCCH) and the European Union (EU) are in forefront of establishing concentrating jurisdiction for those proceedings based on limitation of the number of courts in order to solve two problems: to enhance the predictability and the uniformity of the outcomes in these cases and to re-establish the mutual trust on realistic grounds instead of its current notion as a political decision. Such strategy is welcomed since it starts from the bottom and it tends to elevate the trust between the persons concerned in these proceedings and with that it stretches its prerogatives to the top, which is to enhance the trust between the legal systems. Whether it will succeed it depends again on the modalities of its establishment in the national legal systems. Generally, specialization of jurisdiction is frequently considered to be an important reform initiative in improving the development of a successful judicial system which is why it is recognized as a rapidly growing trend regarding the organization of the judiciary systems worldwide. The article will discuss the concepts of specialization of jurisdiction and its possible implementation in the national legal system of Republic of North Macedonia (N. Macedonia) regarding the complex cross border family law cases.