Iustinianus Primus Faculty of Law
Permanent URI for this communityhttps://repository.ukim.mk/handle/20.500.12188/22
Browse
18 results
Search Results
Now showing 1 - 10 of 18
- Some of the metrics are blocked by yourconsent settings
Item type:Publication, Локална самоуправа(Фондација Конрад Аденауер во Република Северна Македонија и Правен факултет „Јустинијан Први“, Скопје, 2020) - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Elections During a Pandemic: Experiences and Challenges(Institute for Legal-Economic Research an Education IURIDICA PRIMA, 2023-05)The Covid-19 pandemic overnight led to changes in our everyday life that we could not even imagine before. Life during a pandemic has become filled with fear, sirens, health measures and state of emergencies. The new normal has led to a number of changes that have unquestionably tested the functioning of democratic processes in many countries in Europe. In that direction, the Covid-19 pandemic has led to a number of challenges in the organization of electoral processes in Europe. Free and fair elections, organized periodically on the basis of direct, secret, equal and universal suffrage are one of the main pillars of every democratic society. That is why European societies had to find a way how elections will be organized during the Covid-19 pandemic. At the beginning of the Covid-19 pandemic, several elections were postponed, but soon the European states made changes to their electoral laws in order to provide electoral authorities with flexibility over the organization of the elections. Thus, many countries in Europe decided to allow postal voting, early voting, proxy voting, home and institutional based voting by mobile ballot box, as well as, specially organized Covid-19 polling stations. Although the health situation was very difficult and complicated, such flexible solutions contributed to the organization of all electoral processes during 2020 and 2021. In this regard, the aim of the paper will be to analyze the decisions and changes taken during Covid-19 in regards to the organization of elections in Europe, as well as the impact of Covid-19 on the voter turnout and overall outcome of the held elections. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, (ЗЛО)УПОТРЕБАТА НА ВЕТИНГОТ ПРИ ПРЕСТАНОК НА РАБОТЕН ОДНОС(Здружение за трудово и социјално право на Северна Македонија, 2023)Низ пошироката јавност во нашата држава често се заговара спроведувањето на ветинг. Таквото заговарање на ветингот најчесто станува актуелно при обе- лоденување на големи корупциски скандали, скандалозни судски одлуки, непоти- зам, партитокрација итн. Станува збор за механизам кој треба да придонесе кон прочистување на државните институции од некомпетентни и корумпирани кадри. Сепак, ваквото заговарање на ветинг во нашата држава е следено без поголема научна дебата. Таквата научна дебата е потребна бидејќи ветингот претставува еден од најконтроверзните механизми на транзиционата правда. Токму затоа транзиционоправната наука најчeсто ветингот го предлага како решение од крајна нужда, односно во состојба кога редовните институции не по- седуваат капацитет да се справат со степенот на корупција. Притоа, науката и релевантните меѓународни организации нудат насоки како еден процес на ветинг треба да биде креиран и спроведуван. Придржувањето до овие насоки е од клучна важност за целиот процес бидејќи ветингот како механизам поседува капаци- тет да биде злоупотребен за партиско-политички цели. Таквата злоупотреба на ветингот на крајот може да доведе до уште полоша состојба во едно општест- во. Таквата лекција македонското општество ја научи преку спроведувањето на скандалозниот процес на лустрација. Затоа, трудот има за цел да го дефинира ветингот, да ги разгледа предностите и слабостите на овој механизам, но и да ги разгледа насоките од релевантните меѓународни организации околу креирањето и спроведувањето на ветингот како механизам на транзиционата правда. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, NON-DEMOCRATIC SYSTEMS: TYPES AND CHARACTERISTICS(Ss. Cyril and Methodius University in Skopje - Iustinianus Primus Faculty of Law in Skopje - Iustinianus Primus Law Review, 2023)While studying political systems nowadays, science usually considers the characteristics of the democratic systems and the systems that transit from non-democratic to democratic. The overall impression is that very little attention is paid to studying the characteristics and the types of non-democratic systems. Such neglect of the characteristics and types of non-democratic systems contributes to the general public ignoring the danger of the rise of such systems. The rise of non-democratic systems in the last two decades in the world is evident and therefore it is important that the basic characteristics and types of non-democratic regimes are clearly elaborated. In that direction, this paper aims to define non-democratic systems, make a clear distinction between totalitarian and authoritarian regimes, and elaborate on the different types of authoritarian regimes. The paper also analyzes the rise of hybrid regimes and their difference from classic authoritarian regimes. Through such an elaboration of the non-democratic systems, the paper concludes that the non-democratic systems possess characteristics and values that are not compatible with the rule of law and the protection of human freedoms and rights, and therefore their progress represents a global threat and danger. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, THE IMPACT OF TRANSITIONAL JUSTICE ON THE RULE OF LAW IN POST-CONFLICT AND POST-REPRESSIVE SOCIETIES(Ss. Cyril and Methodius University in Skopje - Iustinianus Primus Faculty of Law in Skopje - Iustinianus Primus Law Review, 2022)The violation of human rights, the rise of dictators, and the escalation of war conflicts often come in the period when the rule of law will fade out. And, when the conflict will end or the repressive regime will be defeated, the following questions arise: how to rebuild the society and how to prevent the repetition of the injustices from the past. One of the answers to that question is by reestablishing the rule of law. However, the establishment of the rule of law in societies hit by a war conflict or repressive regime is not an easy task at all. There are a number of dilemmas and challenges in that process. What to do with the problematic past is one of the most important and at the same time one of the most bitter questions that are being posed after the war conflict finishes or after the fall of the repressive regime. In this context, the following question is posed: will dealing with the problematic past positively contribute to restoring the rule of law, or will the opening of the past push society into new conflicts and problems? The theoreticians’ views are divided, but most theoreticians believe that dealing with the problematic past is one of the key moments in the process of democratic consolidation and restoring the rule of law. On the other hand, certain theoreticians emphasize that transitional justice is not in line with the rule of law because it relies on retroactive justice. Additionally, these theorists are stressing out that the application of transitional justice could lead to instability in society which will bring into question not only the rule of law but also peace in society. Still, the dominant position, in theory, is that peace without justice is doomed and that only the implementation of a comprehensive transitional justice strategy could lead to the rule of law, but also to peace and democracy. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, THE PHENOMENON OF LEADERSHIP MEETINGS IN THE MACEDONIAN POLITICAL SYSTEM: AN INFORMAL POLITICS THAT DETERMINES THE FORMAL POLITICS(Institute for Legal-Economic Research an Education I U R I D I C A P R I M A, 2022-05)The adoption of the Ohrid Framework Agreement in 2001, contributed to the implementation of elements of consociational democracy in the Macedonian model of democracy. In that direction, after 2001, the Macedonian political elites began to use leadership meetings, which brought solutions to difficult issues on the Macedonian political scene. It is informal politics and informal institutions composed of party leaders of the biggest political parties and as such they are activated in a situation when formal institutions can not solve the burning political issues. Thus, leadership meetings represent the substitution of the formal institutions and the transfer of decision-making processes to a small number of political actors, who, after agreeing on delicate issues, transfer the decisions back to the formal institutions for their formal adoption and implementation. Since 2001 until today, such informal politics have been applied often in our political system, but in recent years it seems that major differences in their background, format and organization can be noticed. Despite the changes, the Macedonian political system has failed to remove these informal institutions. Unfortunately, over the years the Macedonian institutions often have ended up in a dead end when resolving delicate political issues, so the leadership meetings were the last and only mechanism for removing the blockades and moving the political process forward. As such, the leadership meetings in the short term have had some positive effects because they contributed to solving the most delicate political issues. However, in the long run, it seems that such informal politics and institutions cast a big stain on the functioning of the Macedonian democracy. Such a stain is a consequence not only of the fact that the formal institutions are substituted and passivated, but also of the fact that such leadership meetings are held on an ad hoc basis and without clear rules or firm guarantees that what has been agreed will be implemented in practice. Therefore, the leadership meetings are a vivid example for the Macedonian citizens that the system does not work and that in the end, decisions in the Macedonian society are made secretly, behind closed doors, by small number of people (party leaders) and not by the institutions of the system that have been elected to make, adopt and implement such decisions. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, WHETHER TO PUNISH OR TO FORGET: THE ETERNAL DILEMMA OF TRANSITIONAL JUSTICE?(Institute for Legal-Economic Research an Education I U R I D I C A P R I M A, 2021-10)The development of the concept of transitional justice has been one of the most dramatic events in the legal and political science theory. It is hard to find another concept or theory in legal and political science theory, that has managed to develop at such a pace as the concept of transitional justice. In less than 60 years, the concept of transitional justice has grown from an exception to a rule. However, despite such a dramatic development, the rise of the concept of transitional justice has been followed by a great number of dilemmas. Thus, regarding the concept of transitional justice, it is often emphasized that it is a retroactive justice and that it has the capacity to destabilize fragile post-conflict and post-repressive societies. Additionally, unrealistic expectations for justice, the possibility of misuse for revenge, as well as the need to address other issues (economic, infrastructural, social, etc.) are usually highlighted as dilemmas regarding the implementation of transitional justice. Such dilemmas have marked the development of transitional justice during the XX century, but the intensive application of this concept has brought in theory the statement that the implementation of transitional justice in post-conflict and post-repressive societies contributes to the establishment of a democratic society. A contribution like this is emphasized because the implementation of transitional justice in post-conflict and post-repressive societies contributes to non-repetition of crimes committed in the past, protection of the system from undemocratic forces, building a democratic political culture and positive economic results. In this regard, in theory is generally accepted that transition societies, which choose to ignore the need to face their problematic past, have a problem putting peace, stability, the rule of law and democracy on a solid grounds. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, THE RISE OF THE RADICAL RIGHT PARTIES: MAINSTREAMING AND NORMALIZATION OF ILLIBERAL VALUES IN DEMOCRATIC SOCIETIES(Polish Academy of Sciences - Scientific Centre in Vienna and University of Warsaw, 2023-11)Since the end of the Second World War, the political parties associated with the radical right ideology have experienced a certain rise on four occasions. The rise of the radical right parties during the first three waves was not significant and during such upsurge radical right parties remained on the margins of political systems in democratic societies. However, this situation has completely changed during the fourth wave. Namely, the fourth wave has been marked with a great rise of the radical right parties in democratic societies. Precisely in this wave, the parties that are associated with nativism, nationalism, populism, rigidity, exclusivity, authoritarianism, racism, xenophobia, Euroscepticism and anti-globalism began to achieve great electoral results. The rise of the radical right parties in Europe is from 2 percent of the votes in the parliamentary elections in 1980, through 10 percent in 2000, to almost 20 percent of the votes in the parliamentary elections in 2016 and 2017. Such electoral results made it possible for radical right parties to enter governments as a minor party through governmental coalitions usually led by mainstream right political parties. In addition, the political parties of the radical right in the last decade have managed to obtain a large number of seats in the European Parliament. However, it seems that the greatest success of the radical right parties has come from the other side of the Atlantic. The election of Donald Trump as president of the United States, as well as the election of Jair Bolsonaro as president of Brazil, enabled candidates associated with radical right ideology to have the main role in the governments in these countries. Thus, in the last two decades, radical right parties came out of the margins and began to directly influence governmental policies in the area of migration, foreign policy, European integration, human rights, as well as policies that undermine the rule of law, checks and balances and fair electoral processes. In addition to the direct influence on governmental policies by radical right parties, their indirect influence should not be underestimated. First of all, the rise of the radical right parties have caused mainstream right parties to adopt and promote radical right rhetoric and policies. In that direction, leaders of mainstream right parties in Europe (Angela Merkel, Nicolas Sarkozy and David Cameron) have repeatedly publicly declared that the idea of multiculturalism has been dead. It was under David Cameron and the Conservative Party that the Brexit referendum was actualized and implemented. EU enlargement policies were put on hold precisely under the influence of leaders from mainstream right parties. In fact, political positions and values that up to two decades ago would have been political suicide are now openly advocated by radical right political parties, but also by the moderate right parties. Such positions are advocated because radical right frames and issues have become mainstreamed and normalized. In addition to politics, radical right frames and issues are present and advocated by traditional media, social media, civil society groups etc. The so-called transmission actors in public life have contributed to mainstreaming and normalizing radical right values and policies. That is how we have ended up in a situation where it is politically correct and acceptable to promote nationalism, racism, xenophobia, conspiracy theories, authoritarianism, strong-hand leaders, polarization, dichotomies, and the idea that western societies have gone too far with human rights and freedom. It is about a new model of democracy that represents only the bare rule of the majority without taking into account the liberal elements. Elements that actually have contributed democracy to be seen as the best form of government. Elements without which democracy becomes a bad form of government. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Confronting the Communist Past in Macedonia: New Injustices in the Name of Justice(Serbian Political Science Association (SPSA), 2022-09)The fall of Yugoslavia has opened the door to the creation of an independent and democratic Macedonian state. With this opening, the Macedonian political elites have faced a great number of challenges. Among them, the issue which was particularly prominent was the confrontation with the communist past/heritage. Interestingly, over the years the Macedonian political elites had a completely different approach to this issue. During the 90s, the party that emerged from the bosom of the Communist Party decided to ignore this issue. The change of the government in 1998 contributed to the start of certain steps in confrontation with the problematic communist past in Macedonia. Still, such steps were undertaken too slowly, softly and insufficiently. In the end, such an approach of the Macedonian political elites has paved the road for facing the communist past to be misused for revenge and for political party purposes. Such misuse was performed after 2006 through the implementation of the scandalous process of lustration, as well as, by abusing the fate of the victims of the communist regime. The process of lustration especially through its creation and implementation, contrary to the recommendation of the international organizations, had produced new wounds and injustices for the Macedonian society. Additionally, providing moral satisfaction for the communist victims through the project called “Skopje 2014” was overshadowed by a great number of corruptive scandals connected to this project. Thus, the Macedonian story of confronting the communist past has become another sad story of the Macedonian transition – Issue abused for political points and financial motives, not for the promotion and provision of justice, reconciliation and democracy. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, THE ROLE OF CRISES (FINANCIAL, MIGRANT AND COVID-19) IN THE RISE AND FALL OF THE RADICAL RIGHT POLITICAL PARTIES IN EUROPE(Ss. Cyril and Methodius University in Skopje - Iustinianus Primus Faculty of Law in Skopje - Iustinianus Primus Law Review, 2021)The rise of the radical right political parties has marked the European political scene in the last two decades. The global financial crisis in 2007 and the migrant crisis in 2014, paved the way for the rise of the radical right parties in Europe. By raising their voice against political and economic elites, as well as, against supranational institutions and globalization, radical right parties have managed to gain many votes in countries that were severely hit by the global financial crisis in 2007 and 2008. Additionally, the migrant crisis in 2014 gave new impetus for the favorite radical right topic - immigration. By stressing out that migrants represent a cultural and economic threat to the domestic population in Europe, the radical right parties used the migrant crisis to spread their views and in return gain support. Defined as a serious and unique alternative to the traditional political parties, the rise of the radical right political parties very often was portrayed as the biggest danger to the European democracies. However, the Covid-19 outbreak has stopped their rise and in the short run, it has even decreased their ratings. The radical right political parties became completely lost during the Covid-19 outbreak due to the creation of the division of ,,them" vs. us", which in the light of Covid-19 was not effective. Additionally, speaking against globalization, supranational institutions, immigration and open borders during Covid-19 has lost its momentum. In that regard, it is becoming evident that radical right political parties are gaining momentum during the political, economic and migrant crises but they do not manage to use circumstances when it comes to the health crises. What remains to be answered is the question how radical right political parties will cope with the post-pandemic crises. Will they grow or will they continue to fall?