Iustinianus Primus Faculty of Law

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Реформе јавне управе у Републици Македонији и изгледи за процес интеграције у Европску унију
(Правни факултет Универзитета у Приштини са привременим седиштем у Косовској Митровици, 2017-05)
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Pavlovska Daneva, Ana
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Македонија је једна од земаља у транзицији која од своје независности до сада чини много напора ка апроксимацији у европску заједницу. Процес европске интеграције претпоставља приоритет сваке политичке елите, а уједно је и кључни спољнополитички приоритет Македоније. До сада је у Републици Македонији реализовано низ нормативно-правних, институционалних, организационих и других реформи како би земља испунила услове за интеграције у ЕУ. С обзиром на чињеницу да јавна администрација има кључну улогу у друштву у погледу економског, политичког и друштвеног живота, верујемо да она има и круцијалну улогу у процесу европских интеграција. У складу са изнетим, предмет овог истраживања чини утврђивање фактора и узрока који утичу на развој и модернизацију управљања, и проналазак мера и инструмената неопходних да би се модернизовао јавни сектор, заснован на принципима добре управе, квалитета и професионалне администрације
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Uniformity and Differentiation in the Fundamentals of EU Membership: The Rule of Law Acquis in the Pre- and Post-accession Contexts
(EU IDEA, IAI, 2020-05-31)
Preshova, D
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Hillion, Christophe
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КОМПАРАТИВНА АНАЛИЗА НА МЕХАНИЗМИТЕ НА УПАТСТВА ЗА ОДМЕРУВАЊЕ КАЗНА: УПАТСТВОТО ЗА ОДМЕРУВАЊЕ КАЗНА ВО САД
(MACEDONIAN JOURNAL FOR CRIMINAL LAW AND CRIMINOLOGY, 2014)
Gruevska Drakulevski, Aleksandra
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In this article the authors provide a comparative analysis of the sentencing guidelines mechanisms, with a particular emphasizes on the United States Sentencing Guidelines. The authors summarized the present United States Sentencing Guidelines in order to point to it as a positive example of application. The idea is to present the origin model in a way that would be useful to enhance the Sentencing Guidelines recently applied in the criminal justice system of the Republic of Macedonia. The authors present the methodological approach for the creation of the Guidelines in the United States, and briefly present its content. The authors of the article conclude that the issue of judicial sentencing policy is a question thatrequires continuesresearch and settingmethodology for monitoring the sentencing policy of the courts on the territory of the whole country. Sentencing is a dynamic field that requires continuous monitoring and review of penal policy in accordance with the experiences of the application and learning what motivates and controls criminal behaviour. Hence, the authors of the article, following the example of many other countries, problematize the question of the necessity of establishing a permanent professional expert body which would monitor the sentencing practicesin the Republic of Macedonia and would issue sentencing guidelines or these issues should continue to be resolved by legal opinions and general positions of the Supreme Court of the Republic of Macedonia.
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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 Role of Higher Courts in Securing the Uniform Application of the Law in North Macedonia
(Institute for Democracy “Societas Civilis”, Skopje, 2022-07)
Preshova, D
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Rakocevikj, Milka
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Is the EU’s Accession Conditionality Paving the Way for a More Integrated Rule of Law Policy in the EU?
(EU IDEA, IAI, 2020-03-18)
Preshova, D
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THE RULE OF LAW AND ECONOMIC GROWTH: EVIDENCE FROM SOUTHEAST EUROPE
(Faculty of Economics and Business, University of Belgrade, 2023)
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The rule of law is a principle that promotes the limitation of arbitrary power. Although there is no universal definition in the literature, this notion encompasses several important topics, including property rights security, government checks, and corruption control, among others. There has recently been a rising body of research showing the importance of the rule of law in supporting economic development, fostering justice, and enhancing democratic abilities in nations around the world. The paper focuses on understanding the importance of the rule of law for economic prosperity in the countries that geographically belong to the region of Southeast Europe. Consequently, the following countries are included in the analysis: Albania, Bosnia and Hercegovina, Bulgaria, Croatia, Greece, Kosovo, Montenegro, North Macedonia, Romania, Serbia, and Slovenia. First, we look at the relationship between the various rule of law indicators in the countries we selected. Three key indicators of the rule of law are examined: the World Bank’s rule of law index, the Heritage Foundation’s rule of law index, and the Freedom House’s rule of law index. Even though the philosophy and method behind these competing measures of rule of law differ, the analysis revealed a high correlation between the various indicators. In the second half of the paper, we evaluate the influence of the rule of law on economic prosperity in Southeast Europe from 1996 to 2020. Our hypothesis is that stronger adherence to rule of law principle stimulates economic growth in this region. This hypothesis is supported by the regression model results.
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The Long Road to Europeanization: North Macedonia’s Contentious Democratization between Its Democratic Deficit and External Involvement
(Brill Deutschland GmbH, 2020-03-18)
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Markovikj, Nenad
<jats:p>This article focuses on the relation between EU leverage and domestic elites related to the differential impact of conditionality in the case of the Republic of North Macedonia. The main focus is on the influence of the low credibility of the membership perspective on the effectiveness of EU political conditionality in North Macedonia. Additionally, it examines to what extent the legitimacy of the process is determined by domestic factors. The domestic political elites strategically raise the domestic costs to the level where Europeanization becomes a highly costly process and external influences such as political isolation or rewards given in the process seem to have very weak results. The article introduces the concept of the “leverage trap” – a political discourse devised by domestic political elites apropos the EU, in turn used to increase the leverage of political elites domestically and to present the EU as an impotent actor.</jats:p>
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European Union Conditionality in the Western Balkans: External Incentives and Europeanisation
(Springer International Publishing, 2019)
Zhelyazkova, Asya
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Nechev, Zoran
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Schimmelfennig, Frank
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THE PRINCIPLE OF EFFICIENCY IN ADMINISTRATIVE PROCEDURE – DILLEMAS AND CHALLENGES
(Economic Institute , Ss Cyril and Methodius University in Skopje, 2022-04)
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Piperkova, Irina
This paper elaborates the issues referring to the legal regulation of the principle of efficiency, its meaning, as well as application of this principle. The aim of this paper is to analyze the legal framework that defines the principle of efficiency in the administrative procedure in the Republic of North Macedonia, present an empirical analysis of data from the work of the State Commission for Decision-making in Administrative Procedure and Labor Relations Procedure in Second Instance, identify the factors that influence the consistent application of this principle, as well as offer recommendations for an improved application of the principle. The authors believe that although measures and activities that contribute to achieving the principle of efficiency in the administrative procedure have been applied, there are more measures that need to be taken, i.e., actions that would strengthen institutional c

Iustinianus Primus Faculty of Law

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