Krtolica, Marko

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Krtolica, Marko

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Krtolica, Marko

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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.
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THE IMPACT OF COVID 19 OVER THE ELECTIONS IN EUROPE: SIGNIFICANT, BUT NOT DEADLY
(INTERNATIONAL SOCIETY OF PUBLIC LAW, 2022-07)
The fear that holding elections could contribute to the further spread of Covid-19, contributed to postponing 22 election processes in Europe during the first part of 2020. All the postponed elections due to Covid-19 were eventually held at different time intervals, even though their organization was difficult and followed by great number of special Covid-19 protocols. Still, European countries, despite all the difficulties, successfully conducted electoral processes during 2020 and 2021. It is true that it was difficult to organize the elections and that the voter turnout was declined, yet the flexibility and activity of the European governments has contributed to the conduct of elections, while keeping the democratic processes running in Europe. In this regard, the aim of the paper will be to analyze the decisions taken during Covid-19 in regards to the organization of elections in Europe, as well as the impact of Covid-19 on the turnout and overall outcome of the held elections.
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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.
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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.
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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?
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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.
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THE IMPACT OF THE ELECTORAL SYSTEM ON THE DEVELOPMENT AND FUNCTIONING OF THE MACEDONIAN POLITICAL SYSTEM
(Ss. Cyril and Methodius University in Skopje - Iustinianus Primus Faculty of Law in Skopje, 2022)
Giovanni Sartori in his famous book Comparative Constitutional Engineering, pointed out that the electoral systems are not only the most manipulative instrument of politics but also they influence the shaping of the party system and the determination of representativeness. In that regard, the theory is always emphasizing the influence of the electoral system over the stability of the political system, the consolidation or fragmentation of the party system, the relationships between the elected and the voters, the voters turnout, the corruption present in the electoral process, the conflict management process in one divided society etc. In that perspective, the Macedonian story is a great possibility to analyze the influence of the electoral system over the political system taking into consideration that Macedonian political elites throughout the years often decided to change the rules of the electoral system when electing Macedonian MP’s. The first and the second parliamentary elections were held by using the Majoritarian electoral system. For the third parliamentary election, Macedonian political elites decided to introduce the parallel electoral system. In 2002, another change happened and the proportional electoral system with a closed list was introduced. Since then, all parliamentary elections have been organized by using this electoral system. In the last couple of years in the wider public, the need for electoral reforms and introduction of new electoral system were often raised. Having all this into consideration, the paper will aim to analyze the influence of different electoral systems over the development and functioning of the Macedonian political system, as well as, to analyze what kind of impact newly proposed electoral solutions could produce.
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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).
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Локална самоуправа
(Фондација Конрад Аденауер во Република Северна Македонија и Правен факултет „Јустинијан Први“, Скопје, 2020)
Гордана Силјановска-Давкова, Владимир Митков, Тања Каракамишева-Јовановска, Александар Спасеновски
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(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.

Krtolica, Marko

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