Iustinianus Primus Faculty of Law
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Item type:Publication, A Macedonian Perspective on the Migration Crisis(Clingendael Institute, 2016-11-17)Spasov, Aleksandar Lj.The refugee/migrant crisis of 2015 and its aftermath in 2016 isn’t a ‘typical’ refugee crisis. The development of the crisis leads to the conclusion that Europe and the world face a phenomenon of refugee migration or movement of peoples unprecedented in recent history. In this definition of the crisis, not just the numbers have played a role. Although most of the people were indeed trying to escape war, unlike ‘usual’ refugees finding a ‘safe harbour’ in the first safe country, it wasn’t their final goal. Most of them embarked on a long journey through several south-eastern European countries, determined to reach the ‘desired destination for a better life’, and in almost all cases these were western European countries, especially Germany. Furthermore, alongside refugees fleeing from war, there were many refugees fleeing from extreme poverty, insurgency or long-lasting instability. Finally, Europe, or more precisely the European Union, failed to adequately address the crisis, both in their definition of the crisis (a refugee issue, mass migration or a mixed phenomenon) and in terms of effective and functioning common European asylum policies. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Die Vergangenheitsbewältigung als eine Vorbedingung für die Transformation – Der Fall Mazedoniens(Deutsche Stiftung für Internationale rechtliche Zusammenarbeit (IRZ), Südosteuropa Geselschaft (SOG), 2019)Spasov, Aleksandar Lj.Coming to terms with the past as a precondition for transformation – the case of Macedonia Summary In order to have successful democratic transition and achieve effective transformation, states should not only define and implement values and rules of conduct for the future, but, furthermore, they should find appropriate and acceptable explanations of the events that occurred in the past. Macedonia had an unsuccessful process of dealing with its own authoritarian past. During the first decade of the independence, dealing with the past was avoided as a task. Avoiding dealing with the past had a boomerang effect in the years after the change of the social-democratic with the national conservative government in 2006. The new government, using the failures of all previous governments, used this flaw of the new democratic legal and political order for its own political interest and abused the late lustration for personal attacks on its political opponents. Parallel to the lack of dealing with the authoritarian past, the Macedonian legal system faced gradual change of its continental legal tradition by unreasonable and unjustified introduction of legal implants from other legal traditions opposed to the principles of the continental legal tradition during the past two and a half decades. This created additional problems in the transformation process. The “new beginning” declared by the new government after the government change in 2017, will be possible only if the final goals of the reforms will be laws which are not a product of personal or clanbased interests and if a policy of non-selective application of the laws is established. In addition, it is necessary that in judiciary the judge posts will be occupied by the most capable jurists having also high personal and moral integrity.