The Process of Denationalization in the Republic of Macedonia from the Perspective of International Law and in the Light of the Country's Accession Process to the EU

AuthorBekim Nuhija
PositionTeaching assistant at Faculty of Law of the South East European University
Pages38-47
JURIDICA
38
The Process of Denationalization in the
Republic of Macedonia from the
Perspective of International Law and in the
Light of the Country’ s Accession Process to
the EU
Bekim NUHIJA
1
Abstract: This paper highlights some considerations concerning the restoration process of previously
deprived private pr operty by the communist regime from the persp ective of international and
European legal commitments which became part of the Macedonian legal system through adhesion,
ratification and statal succession. There are several publications that deal with practical aspects of the
process of denationalization in Macedonia, however very few of them relate the iss ue with country’ s
obligations under international and EU law .The paper uses legislat ive analysis to highlight some of
the most importa nt obligations that derive from international legal i nstruments regarding the process
of denationalization. It also It also analyses the r eports of the European Union f ollowing the
monitorization of the accession process and their i mplementation in practice. The monitoring of the
denationalization process in Macedonia by the European Union has had positive results, however, it
should not be limited only to the review of the existing legislation, but should s eek concrete action
plans with clear benchmarks, budgets and responsible institutions. The study could have implications
for t he category of people who intend to restore the property rights that had b een deprived by the
communist regime. This pap er offers an insight on the issue of denationalization in Macedonia in the
context of its accession in the European Union.
Keywords: property; deprivation; restitution; international law; rule of law
1. Introduction
The change of the political regime in ex-communist states brought considerable
novelties in the area of lawmaking regarding real property
2
. In line with other
Eastern European states, the Republic of Macedonia decided to transform its
political, economic and social regime after the dissolution of the Socialist Federal
Republic of Yugoslavia on the basis of the basic tenets of a modern state: creating
1
Teaching assistant at Faculty of Law of the South East European University; Str. Ilindenska n.335,
Tetovo, Republic of Macedonia. Phone: +38944356126; Fax +38944356000. Corresponding author:
b.nuhija@seeu.edu.mk.
2
Many of the ex-communist countries in which these measures were applied, attempted to restore the
confiscated property in kind or compensate the previous owners.
AUDJ, vol. 9, no. 3/2013, pp. 38-47

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