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
SUMMARY

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... (see full summary)

 
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Elena Andreevska
37
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

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.

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