Iustinianus Primus Faculty of Law
Permanent URI for this communityhttps://repository.ukim.mk/handle/20.500.12188/22
Browse
198 results
Search Results
Now showing 1 - 10 of 198
- Some of the metrics are blocked by yourconsent settings
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) - 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. - 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, 2019-11)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 very often was 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 INFLUENCE OF THE LUSTRATION PROCESSES ON THE POSTCOMMUNIST TRANSITIONS IN EUROPE(Institute of Public Administration, Croatia, 2019-10)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 concerning democracy was 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 countries in Europe decided to implement the process of lustration in order to confront with their communist past. There is a huge diversity in the way and the time lustration has been enforced. Some countries decided to implement this controversial mechanism immediately after the fall of the Berlin Wall, while others decided to do this many years after the beginning of transition. Some of them decided to ground the lustration processes on retributive justice while others decided to connect lustration with restorative justice. In addition to the diversity of manner and time lustration was enforced, there is a diversity of implementation effects. In some countries, lustration has improved democracy, but in others, it has split the county and had a negative impact on democracy. The paper deals with the manner and time of lustration in post-communist countries in Europe, and with the effects of implementation on democratic consolidation. The main methods used include analysis, historical, normative and political method. The conclusion is that although the process of lustration leaves plenty of space for manipulation, well-implemented and well-regulated lustration, following the recommendations of the Council of Europe, has had a positive impact on democratic consolidation of the post-communist countries. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, POLITICAL AND PARTY ORGANISING IN MACEDONIA UNTIL THE END OF WORLD WAR II(Konrad Adenauer Foundation, Institute for Democracy “Societas Civilis”, Skopje, 2018-12)Aleksandar Spasenovski - Some of the metrics are blocked by yourconsent settings
Item type:Publication, THE TRANSFORMATION OF THE MACEDONIAN PARTY SYSTEM: FROM MONISM TOWARDS PLURALISM(Konrad Adenauer Foundation, Institute for Democracy “Societas Civilis”, Skopje, 2019-12)Aleksandar Spasenovski - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Assisted Reproduction Families: Affiliation of Children Conceived by ART to Single Women in the Republic of Macedonia and in the European Context, XII Jornadas Nacionales de Ciencia y Filosofia Politica(Universidad Nacional de Mar del Plata, 2012)Ignovska Elena - Some of the metrics are blocked by yourconsent settings
Item type:Publication, THE NEW2019 HAGUE CONVENTION ON RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS– BRIDGING THE GAP BETWEEN THE WEST AND THE EAST(Институт за правно-економски истражувања Јуридика Прима, 2019-05-09)The diplomatic session of the Hague Conference on Private International Law(Hague Conference) regarding the “Judgments Project” was be held from 18 June – 02 July 2019 in the Hague where the long awaited Hague Convention on Recognition and Enforcement of Foreign Judgments (new 2019 Hague Convention)wasadopted. This Convention comes as a result of 27 years of work that has been done in the course of this project of the Hague Conference and it can be said that is one of the most awaited developments in Private International Law. The success of the convention cannot be predicted at this point because large number of factors impact the outcome of the convention. However benefits from having an international agreement dealing with cross border recognition and enforcement of foreign judgments is self-evident. More than ever there is a need of a single instrument that will contain unified conditions for recognition and enforcement and ease the cross border circulation of judgments. Only a brief look at the New York Convention on recognition and enforcement of foreign arbitral awards (New York Convention) provides for glimpse of the benefits from having such instrument. This article will provide for overview of the main aspects of the Convention. It will give an outline of the structure, mechanism and the rules provided in the Convention. This convention in contrast of its predecessors provides for more “soft” approach in bridging the differences between the legal systems of the west and the east. However, new 2019 Hague Convention is very important, because the transnational cooperation influenced by the globalization and the interconnection of the economic systems, asks for faster responsiveness of the legal systems and predictability of the legal outcome manifested by the - Some of the metrics are blocked by yourconsent settings
Item type:Publication, The Impact of The UN Convention on The Right of The Child on The Hague Convention on The Civil Aspects of International Child Abduction(Нов български университет, 2019-12-10)The UN Convention on the rights of the Child (UNCRC) is an international legal instrument aimed in creating minimum standards for the most universal aspect in the human existence, which is producing safe environment for children to develop. This Convention was adopted in 1989 and now represents universal standard that determines the rights of children. On the other hand, Hague Convention on the Civil Aspects of International Child Abduction (Hague Child Abduction Convention) represents a legal instrument of the Hague Conference of Private International Law, created in 1980 aimed in deterring the abductor from unilaterally choosing the forum in which the case will be heard relating to parental responsibilities and mitigation of the harmful effects of the abduction which are reflected on children. Although these two instruments are almost a decade apart, the UNCRC has significant influence in the understanding and the implementation of the Hague Child Abduction Convention and represents a moral ground for most of the solutions provided in the Hague Child Abduction Convention such as: illicit transfer and non-return of children, right of the child to be heard, right of the child to have meaningful relationship with both parents and child’s best interest. This article will provide for overview of the Child Abduction regime and the particular influence that the UNCRC has on the Hague Child Abduction Convention with notion that without the UNCRC, the development of the Hague Abduction Regime would be left out without doctrinal and moral grounds.