Iustinianus Primus Faculty of Law
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Item type:Publication, The "New" State Commission for Prevention of Corruption and Its Potential for Effective Prevention of Corruption(Здружение за кривично право и криминологија на Македонија, 2019) ;Pavlovska Daneva, AnaBitrakov, KonstantinThis paper deals with the core preventive Anti-corruption Agency (ACA) of the Republic of North Macedonia, namely the State Commission for Prevention of Corruption (SCPC). The idea therein is two-fold: firstly, to explain the ACA model which the Republic of North Macedonia has chosen (especially since it can be claimed that the model changed in the beginning of 2019) and, secondly, to criticize some of the characteristics of the respective legal and institutional framework. Of course, we do not aim to analyze every aspect of the SCPC – which would imply a much longer article than the one at hand – but rather to focus on the most important details. In that respect, we would place focus on the SCPC’s competencies (functions, tasks and powers) and discuss if they are properly designed. Furthermore, we would tackle the institutional design and the capacities of the institution, so to illuminate the existing discrepancy between this ACA’s de-jure competencies and de-facto possibilities. Doing so, we would not only draw the attention of the international research community to the SCPC, but also enable comparative researches in the future. What is especially valuable to note is that in multiple of its characteristics, the SCPC is compared to other ACAs in the region of Southeastern Europe too. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Државниот суверенитет и глобализацијата(Фондација „Фридрих Еберт“, канцеларија Скопје, 2011)Спасов, Александар Љ. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Уставна жалба во Република Северна Македонија – Помеѓу неефикасноста и нерелеватноста(IRZ/Institute for Democracy “Societas Civilis”, Skopje, 2019-12)Preshova, D - Some of the metrics are blocked by yourconsent settings
Item type:Publication, МУЛТИКУЛТУРНА АКОМОДАЦИЈА: ОД РАЗЛИЧНИ ПРАВНИ РЕЖИМИ ЗА ЗАШТИТА НА ПООДЕЛНИ КУЛТУРНИ ПРАВА ДО ДИФЕРЕНЦИЈАЛНО ГРАЃАНСТВО(ВЕЗИЛКА, СКОПЈЕ , РМ, 2017)Chupeska, S. Ana - Some of the metrics are blocked by yourconsent settings
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Item type:Publication, De rechterlijke toetsing van het belang van het kind bij het onderzoek naar het vaderschap: noot onder GwH 7 maart 2013, nr. 30/2013(Tijdschrift voor Jeugd en Kinderreschten, 2013)Veschelden G., Ignovska E. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Комитет за односи меѓу заедниците: 20 ГОДИНИ (НЕ)ИСКОРИСТЕНИ МОЖНОСТИ И ПРЕДИЗВИЦИ(МЦМС, 2014)Chupeska, AnaПоглавјето е академска анализа на правно полтичката поставеност на собранискиот комитет за односите меѓу заедниците, третиран како суштински орган за гарантирање на групно специфицифичните права на припадниците на различните зедници во РСМ, а во согласност со ОРД, и во рамките на полтичкиот систем на нормативната мултикултурна акомодација, која ја има РСМ. Воедно, поудени се предивиците во врска со неговата работа , како и соодветни преопраки за понатамошната работа, со оглед на неговата огромна важност, а и актуленост врзана за потребата од донесување на уставните измени кои произлгиуваат од преговарачката рамка за РСМ со ЕУ, низ сетот на копенхашките критериуми - Some of the metrics are blocked by yourconsent settings
Item type:Publication, The Peculium - a Legal Instrument for Business Ventures?(Fourth International Conference of the Balkan Association of Roman Law and Roman Legal Tradition. Book of Abstracts., 2019)Mucunski, Timcho - Some of the metrics are blocked by yourconsent settings
Item type:Publication, THE MISUSE OF THE LUSTRATION PROCESSES IN THE POST-COMMUNIST TRANSITIONS IN EUROPE(Ss. Cyril and Methodius University in Skopje - Iustinianus Primus Faculty of Law in Skopje - Iustinianus Primus Law Review, 2019)The fall of the Berlin Wall opened the gate to democracy for the post-communist countries in Europe. However, the road towards democracy in all post-communist countries in Europe proved to be very difficult. One of the main questions on the road towards democracy in these countries was the question what to do with the problematic communist totalitarian past: to forgive and forget or to punish and remember. Most of the post-communist countries in Europe decided to punish and remember their communist past. That is why 14 post-communist countries in Europe decided to implement the process of lustration in order to confront this communist past. Taking that into consideration, we can say that the lustration processes were frequently used in the process of facing the communist past in Europe. However, very often in theory is stressed out that the process of lustration is one the most controversial mechanism of transitional justice. Many authors warn that lustration hides the danger of political discredit and revenge. These types of claims during the post-communist transition have become reality in a several post-communist countries in Europe (Albania, Poland, Macedonia). In these post-communist countries the process of lustration was used as a weapon in the hands of the ruling political elites against their political opponents, a weapon that needed to strengthen the position of the ruling political parties and marginalize their political opponents. At the end, the process of lustration has had very negative impact at the democratic consolidation of these countries instead of a positive one. That is why the subject of this paper will be the way the lustration processes were misused in the post-communist countries in Europe. The main methods that are used are the following: method of analysis, historical, normative and political method. The overall conclusion is that the process of lustration was very often misused by creating lustration laws that covered positions in the private sector too, by creating lustration laws that covered periods after the fall of the communist regimes and by creating lustration laws that violated the basic human rights of lustrated individuals (the right to a fair trial, the right to respect of private and family life etc) - Some of the metrics are blocked by yourconsent settings
Item type:Publication, THE PARTICULARITIES OF THE POPULISM IN THE MACEDONIAN SOCIETY – PAST, PRESENT AND FUTURE TENDENCIES(Scientific Society for the History of Health Culture (SSHHC), 2019-12)The 1990s of the 20th century, brought the process of transition toward democracy and market economy in the Macedonian society. On such a path, Macedonian reality was fi lled with unpopular but necessary decisions by the Macedonian political elites. Such decisions led to disappointment with the transition process among the Macedonian citizens and contributed to the rise of right-wing populism in Macedonian society. The trigger point for such right-wing populism in Macedonia was the Greek veto for Macedonian membership in NATO in 2008. Starting from 2008 until 2017, under the button of ruling of the political elites led by VMRO-DPMNE and Nikola Gruevski, the Macedonian society was plagued by a huge wave of right-wing populism. By representing themselves as a voice of the people, VMRO-DPMNE started to create THEM (traitors) V.S US (pure people) dichotomy in the Macedonian society. Over the years, the content of the camp “them” (traitors) was constantly changing from one group to another. It started with ex-communist and transitional politicians, after that it switched to mainstream media and intellectuals, fi nishing in the end with NGO’s and foreign conspiracy forces. Throughout the years, the populist rule of VMRO-DPMNE was followed by “occupation” of the state, clientelism, discriminatory legalism and nationalistic rhetoric. All of this led to an authoritarian system and constant political crises in the Macedonian society. The biggest political crisis erupted in 2015 and led to a dramatic change of government in 2017. After 11 years, VMRO-DPMNE went in opposition and new government was formed. The new government led by SDSM and Zoran Zaev, in order to restore the European perspective entered in making tough and unpopular decisions. However, three years after the change of the government among Macedonian citizens there is again frustration with Macedonian politics. Such reality opens the possibility for a new rise of populism in Macedonian society. And if the Macedonian society is hit by a new wave of populism, then the question that arises is who will be the new captain of the Macedonian populist boat.
