Iustinianus Primus Faculty of Law

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Author: search.filters.author.Zoroska Kamilovska, TatjanaLanguage: search.filters.language.English

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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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    Effective Remedy for Excessive Length of Proceedings: A Macedonian Perspective
    (EAST EUROPEAN LAW RESEARCH CENTER, BANDERY STEPANA STR., 20A, KYIV, UKRAINE, 2021-03-01)
    Zoroska Kamilovska, Tatjana
    In the spirit of Latin maxim Ubi jus, ibi remedium, it is claimed that the right to an effective remedy permeates the entire European Convention human rights system, giving it a real and effective dimension. An argument is also made for a right to a trial within a reasonable time, meaning that an excessive length of proceedings can be remedied as well. As the principle of subsidiarity lies at the heart of the jurisdiction of the European Court of Human Rights, the establishment of an effective remedy before the national bodies/authorities is required. In the light of these general considerations, while celebrating the 70th anniversary of the European Convention of Human Rights, the underlying idea of this article is to highlight the fundamental standards of assessing the effectiveness of the remedies with regard to the length of proceedings established in European Court of Human Rights case-law. The focus is placed on the development, current status and functioning of the remedy for excessive length of proceedings in North Macedonia as a Member State of the Council of Europe. The article attempts to answer the question of whether the legal remedy for excessive length of proceedings that exists in Northern Macedonia can be considered effective within the meaning of the European Convention of Human Rights and the European Court of Human Rights case-law.