Iustinianus Primus Faculty of Law

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    Affiliation via Sperm Bank, Proceedings from Second International Interdisciplinary Conference Bioethics - the Sign of a New Era
    (Faculty of Philosophy, Center for integrative bioethics under the Faculty of Philosophy - Skopje, 2019)
    Ignovska Elena
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    The refugee relocation system in the EU and its implications to the countries on the Western Balkans route: the aftermath of the flawed reception conditions in the EU
    (Institute Universitaire Varenne, Paris, France., 2018)
    Julija Brsakoska Bazerkoska
    The paper analyses how the controversial new Decision establishing provisional measures for the relocation of 120,000 asylum-seekers from Italy and Greece to other EU member states, which was adopted in September 2015 by the Extraordinary Justice and Home Affairs Council Meeting, affected the countries on the Western Balkans route. The paper will examine the scope and components of the newly adopted EU Temporary Relocation System. It is argued that the EU provisional relocation system, and its potential future conversion into a permanent system, constitutes a timid step forward in addressing the central controversies of the current refugee debate in Europe, which revolve around the question whether all member states are doing enough to receive and assist refugees arriving in the EU. The paper will pay particular attention to the main issues and challenges that confront the effective operability of the EU relocation regime and all the ways it have affected the Western Balkan countries which are in a different stage in their European integration. The refugee crisis posed numerous challenges to the Western Balkan countries which are weak democracies and have unstable institutions. The countries’ infrastructure, social structure, as well as the health structure has been undermined when faced with the refugee crisis challenges. Although largely harmonized with the EU acquis, the legislative and institutional frameworks for migration management in Western Balkan countries need further adjustment. The paper will examine the changes that were made in the relevant legislation regulating foreigners/aliens; state border control; and the revision of the criminal code so as to criminalize migrant smuggling and to assign penalties.
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    The renewed name issue negotiations and the potential for dispute resolution of the ICJ Judgment
    (SEELS, 2018)
    Toni Deskoski, Julija Brsakoska Bazerkoska
    The paper makes an assessment of the Republic of Macedonia’s efforts to become a member of the European Union and NATO in the context of the name issue with the neighboring Greece. The European Union’s involvement in tackling the name issue between one of its member states – Greece and the Republic of Macedonia has been highly ineffective. Although, the EU has gained numerous mechanisms for conflict prevention and conflict resolution within its Common Foreign and Security Policy and within the Enlargement Policy, the Union has been unsuccessful in the process of solving this dispute and consequently in the process of bringing the fragile Balkan country closer to its membership. Moreover, NATO’s membership for R. Macedonia has been burdened with an additional criterion in 2008 – resolving the name issue, due to the opposition from one of its member states. The authors argue that in the case when the dispute involves one of the international organizations’ member states, due to the lack of unity among its members, it is extremely difficult to find a fair settlement that properly weights the interest of both parties. This obstacle has been continuously present both in EU and in NATO, even after the ICJ delivered its judgment on the breach of the Interim Accord of 1995, finding the Greek opposition to the Macedonian membership in international organizations unlawful.
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    Twenty years of diplomatic relations between Macedonia and the United States
    (Ministry of Foreign Affairs of the Republic of Macedonia, 2015-09)
    Vasko Naumovski
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    Cybercrime Tendencies and Legislation in the Republic of Macedonia
    (Springer, 2015-05)
    Dragi Rashkovski, Vasko Naumovski, Goce Naumovski
    The advancement of information and communication technologies opens new venues and ways for cybercriminals to commit crime. There are several different types of cybercrime offences that need to be treated in a separate and different manner. The major international source that provides guidelines for treatment of cybercrime is the Convention on Cybercrime adopted by the Council of Europe and the European Commission Action Plan. The purpose of the paper is to present, discuss and analyze the Macedonian legislation treating cybercrime, with respect to the specific cases typically encountered in practice and the international guidelines concerning cybercrime. The major source of cybercrime legislation in Macedonia is the Criminal Code with provisions thereof in ten of its articles; it addresses cybercrimes such as personal data abuse, copyright and piracy issues, production and distri bution of child pornography, computer viruses, intrusions into computer systems, computer fraud and computer forgery. We also present and analyze reports on cybercrime complaints and victims from Macedonia, issued by the Internet Crime Complaint Center and the Macedonian Ministry of Internal Affairs. The reports reveal the unusually high number of complaints for perpetrators and victims originating from Macedonia. Furthermore, we highlight several recent cybercrime cases reported in Macedonia. All things considered, the Macedonian penal legis lation is modern and it follows the current European and world standards. It provides guidelines for successful resolution of cybercrime committed in the Republic of Macedonia. However, it could be improved by a more active inclusion of Macedonian authorities in the global response to cybercrime and by stronger enforcement of cybercrime prevention measures and strategies.
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    EUROPEANIZATION OF THE BALKANS, OR BALKANIZATION OF EUROPE?
    (Georgetown University, 2019)
    Vasko Naumovski
    The European Union enlargement process has been the greatest benefits for European citizens and has proven to be the most successful project of transition of the post-communist countries. Nevertheless, the Balkans region remains without a clear perspective for full integration into the EU, creating potential for further uncertainties and even conflicts. The lack of vision to end the bilateral disputes in the region, as well as the absence of an exit strategy to enable self-sustainability of some of the societies, requires greater attention and efforts to contain the ‘Powder Keg of Europe’.
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    THE NEED FOR AFFIRMATION OF THE MECHANISMS FOR ACTIVE PARTICIPATION OF CITIZENS IN THE CRЕАTION AND IMPLEMENTATION OF LOCAL POLICIES
    (Published by NISPAcee PRESS, 2019-05)
    Shumanovska-Spasovska Ivana
    The right to express an opinion and the right of the citizens to participate in the decisionmaking on issues of public interest is a right that is directly recognized by the Constitution, as the highest legal act, as well as by the Law on Local Self-Government, which defines it as an individual or collective involvement of the residents of the municipality in decisions regarding affairs of local importance at different levels of decision-making, while, on the other hand, the procedure for the realization of the forms of direct expression, at both state and local level, is determined by the Law on Referendum and other forms of direct expression. The significance of this issue is also indicated in the international acts and documents, among which we highlight the European Charter for Local Self-Government and Recommendation 19 of 2001. Consequently, one of the main goals of this research is to carry out the analysis of the legal framework that regulates this issue from a theoretical, legal and comparative aspect. In the paper, special emphasis will be put on answering the questions that are related to: determining the reasons that influence the reduction of the intensity of the citizen participation in the political process, whether there is a need to add elements of participative democracy to the model of representative democracy, as well as whether the institutions take sufficient measures that are adequate for affirmation of citizen participation in the decision-making at the local level? Namely, the direct participation of citizens in the realization of the political process is an expression of the participatory democracy. The direct participation of citizens in the governance process is regarded as a fundamental right in a democratic society, an opportunity for the citizens to contribute in achieving a better life and overall progress. Therefore, citizens should be informed, adequately and timely consulted and complementary participation of the citizens with their representatives should be provided. As a special recommendation, we would like to emphasize the need for affirmation not only of the use of the forms of direct expression such as the referendum, the gathering of citizens and the civic initiative, but also to promote the role of civic forums, citizen panels, public opinion polls, focus groups, etc. All of these measures would affect the strengthening of democracy, the fulfillment of the principle of accountability and transparency in the work of the institutions, and the improvement of the efficiency and effectiveness of decision-making process.
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    “European Crisis: the rise of populism and euroscepticism”
    (St. Kliment Ohridski University Press, Sofia, Bulgaria., 2017)
    Runcheva Tasev, Hristina, Apostolovska-Stepanoska Milena
    Eurosceptic and populist parties have shown strong tendencies to win power and set the political agenda for the last decades in several EU countries. The elections in some of those countries have shown that they didn’t achieve their goals, but they won significant number of votes that indicates that euroscepticism and populism are not dead. The paper presents an overview of the results of some Eurosceptic and populist movements at the national elections in several EU Member States and it searches for an answer to the questions whether populism and euroscepticism are a 21st century invention, what is the ideological background of the crisis of legitimacy in the EU, how do they relate to classical political ideologies, what is the response of the mainstream politicians to these threats. The theoretical debate, which includes an overview of some of the key authors, is enhanced by the author’s contribution of recommendations for the possible convincing alternatives which should be put forward to counter this phenomenon to preserve the European project.
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    Social movements, active citizenship and democratic innovation: an overview
    (Project: ACT.WB - Active citizenship: promoting and advancing innovative democratic practices in the Western Balkans, 2019-01-31)
    Markovikj, Nenad, Damjanovski, Ivan & Ilievski, Zoran
    This working paper engages in examining the connection between social movements, active citizenship and democratic innovation. Primarily, the paper defines the terms social movements and active citizenship in order to establish the categorial apparatus it operates with. The following part of the paper briefly analyzes social movements as democratizing agents as well as the reasons for reemergence of social movements in Southeast Europe. In the last part the paper analyzes the concept of democratic innovation, its definition, theoretical and methodological approaches as well as empirical findings in the area.
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    The European Union on the Verge of Bouncing Back in Macedonia
    (Konrad Adenauer Stiftung & IDSCS, 2018-03)
    Markovikj, Nenad & Necev, Zoran
    The case of Macedonia is a primer for EU’s credibility in the region. When the EU finally decided to engage, it helped the country recover after ‘approaching the edge of a cliff’3 and dismantle different (unlikely for the majority of citizens) scenarios for the future of the country that were floating in the air. This new momentum and energy is recognised and appreciated by the citizens, as reveals the IDSCS telephone survey conducted during December 2017, sampling 1100 respondents.4 The greater involvement of the EU in domestic political affairs (and post-crisis reforms) appears to have increased the Union’s credibility and visibility among Macedonian citizens. This also has resulted in a drop in the perception of Russian influence.