Standardization of macedonian's judicial practice with the ecthr jurisprudence

• Author: Elena Andreevska
• Position: Professor, Ph.D., SEE-University, Tetovo, Republic of Macedonia
• Pages: 37-45

Elena Andreevska

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LESIJ NO. XVIII, VOL. 1/2011

STANDARDIZATION OF MACEDONIAN’S

JUDICIAL PRACTICE WITH THE ECTHR JURISPRUDENCE

Elena ANDREEVSKA∗

Abstract

The role of the Strasbourg Court acquires controlling dimension in the application of

human rights. Measures taken at national level, should provide effective domestic remedies, to

strengthen the national legal order and to bring it closer to compliance with the European

Convention on Human Rights (ECHR) and the legal practice of the Court. Macedonia amended

the Law on Courts in 2008, and accepted a very significant solution, thus enabling direct

application of the ECHR case-law by the Supreme Court of the Republic of Macedonia, when

deciding on trials within a reasonable time. However, should be keep in mind that the Committee

of the Ministers, in 2004 already, noted that Convention is integral part of the national law in

totality of the States Parties. The consequences of this integration are of primary importance in the

context of Macedonian’s judicial practice. Thus, a fundamental question which arises today

consists in knowing if the national judge can really apply not only Convention but also the

decisions of the Court, if necessary with the detriment of the contrary national law. In this respect,

I took note with the country experiences where the decisions of the Court are applied directly by

national authorities, the Macedonian legal system and in this context the needs of judicial reforms.

Keywords: ECHR, ECtHR, Macedonia’s legal system and the judiciary, Macedonian’s

judicial practice, subsidiarity.

Introduction

The ECHR was drafted within the Council of Europe, a political organization founded in

the aftermath of the Second World War in order to defend democracy, the rule of law, and human

rights in Europe. The Convention is now more than 50 years old.1 Since 1998, the European Court

of Human Rights (ECtHR) has had exclusive jurisdiction to receive individual applications. The

recognition of the right to individual application before the Court is compulsory for all Member

States and the judgments of the ECtHR are binding.2 In international human rights law, the

European system is considered to be a model of effectiveness.3 Its success is manifested in many

ways, both in the effect it has had on domestic law4 and in the increasing number of applications

being lodged before the ECtHR that has over the years generated a rich and extensive human

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∗ Professor, Ph.D., SEE-University, Tetovo, Republic of Macedonia (e-mail:e.andreevska@seeu.edu.mk).

1 It opened for signature in Rome on 4 November 1950 and entered into force in September 1953.

2 On the reform of the system by the 11th Protocol see, Drzemczewski A, The European

Human Rights Convention: Protocol No. 11—Entry Into Force and First Year of Application’ 21Human Rights Law

Journal (2000) 1.

3 See Ryssdall R, The Coming of Age of the European Convention of Human Rights’ 18 European Human Rights

Law Review (1996) 18.

4 See Bernhard R, The convention and domestic law in Macdonald R, Matscher F, and Petzold H (eds) The

European System for the Protection of Human Rights (1993) 25.