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Authors: Shumanovska-Spasovska Ivana
Keywords: administrative dispute, administrative judiciary, administrative-judicial control, Administrative court, full jurisdiction
Issue Date: Nov-2019
Publisher: Faculty of Law “Iustinianus Primus” at Ss. Cyril and Methodius University in Skopje, Republic of Macedonia
Journal: Iustinianus Primus Law Review
Conference: Annual International Conference – 30 years after the fall of the Berlin Wall, November, 2019
Abstract: Abstract This paper analyzes the latest trends in administrative-judicial control in the Republic of North Macedonia. More specifically, the subject of the research in this paper is the development of the administrative judiciary in RNM from 1991 to 2019. The paper will answer the questions related to the legal regulation of the administrative dispute in Macedonia, as well as the questions regarding the organizational innovations in the administrative judiciary. Furthermore, it will analyze the new institutes in the administrative dispute and how the scope of the administrative-judicial protection is gradually changing, as well as the trend of changing the role of the Administrative Court from cassation to meritorious role, that is, the subject of analysis of the paper is deciding in full jurisdiction as a rule in administrative court proceedings. The purpose of the research is to show the implications, that is, the effects of the administrative judiciary reforms in the Republic of North Macedonia, more specifically how they act or how they can affect the realization of the secure legal protection of the rights and legal interests of individual and legal entities from the acts and actions of the public authorities, how they can influence the provision of the efficient and effective administrativejudicial procedure and how the administrative judiciary in the Republic of North Macedonia has been harmonized with the European principles and standards. At the same time, questions will be raised as to whether the administrative courts have sufficient material, human and technical capacities to effectively implement the latest legal solutions. Special emphasis in the paper will be put on the analysis of the latest Law on Administrative Disputes adopted in May 2019, namely, the reasons for adopting a new law and the innovations provided by this law. For this purpose, the positive-legal method and the historical and comparative method are used to analyze the legal regulation of the administrative dispute, the historical development of the administrative dispute and the presentation of the European recommendations for the regulation of the administrative judiciary.
Appears in Collections:Faculty of Law: Journal Articles

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