Die Vergangenheitsbewältigung als eine Vorbedingung für die Transformation – Der Fall Mazedoniens
Date Issued
2019
Author(s)
Spasov, Aleksandar Lj.
Abstract
Coming to terms with the past as a precondition for transformation – the
case of Macedonia
Summary
In order to have successful democratic transition and achieve effective transformation, states should
not only define and implement values and rules of conduct for the future, but, furthermore, they
should find appropriate and acceptable explanations of the events that occurred in the past.
Macedonia had an unsuccessful process of dealing with its own authoritarian past. During the first
decade of the independence, dealing with the past was avoided as a task. Avoiding dealing with the
past had a boomerang effect in the years after the change of the social-democratic with the national
conservative government in 2006. The new government, using the failures of all previous governments,
used this flaw of the new democratic legal and political order for its own political interest and
abused the late lustration for personal attacks on its political opponents. Parallel to the lack of dealing
with the authoritarian past, the Macedonian legal system faced gradual change of its continental legal
tradition by unreasonable and unjustified introduction of legal implants from other legal traditions
opposed to the principles of the continental legal tradition during the past two and a half decades.
This created additional problems in the transformation process.
The “new beginning” declared by the new government after the government change in 2017, will be
possible only if the final goals of the reforms will be laws which are not a product of personal or clanbased
interests and if a policy of non-selective application of the laws is established. In addition, it is
necessary that in judiciary the judge posts will be occupied by the most capable jurists having also
high personal and moral integrity.
case of Macedonia
Summary
In order to have successful democratic transition and achieve effective transformation, states should
not only define and implement values and rules of conduct for the future, but, furthermore, they
should find appropriate and acceptable explanations of the events that occurred in the past.
Macedonia had an unsuccessful process of dealing with its own authoritarian past. During the first
decade of the independence, dealing with the past was avoided as a task. Avoiding dealing with the
past had a boomerang effect in the years after the change of the social-democratic with the national
conservative government in 2006. The new government, using the failures of all previous governments,
used this flaw of the new democratic legal and political order for its own political interest and
abused the late lustration for personal attacks on its political opponents. Parallel to the lack of dealing
with the authoritarian past, the Macedonian legal system faced gradual change of its continental legal
tradition by unreasonable and unjustified introduction of legal implants from other legal traditions
opposed to the principles of the continental legal tradition during the past two and a half decades.
This created additional problems in the transformation process.
The “new beginning” declared by the new government after the government change in 2017, will be
possible only if the final goals of the reforms will be laws which are not a product of personal or clanbased
interests and if a policy of non-selective application of the laws is established. In addition, it is
necessary that in judiciary the judge posts will be occupied by the most capable jurists having also
high personal and moral integrity.
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