From Network 23: Fundamental rights

The pandemic caused by COVID-19 caused a health, economic and social crisis in the Republic of North Macedonia. In response to the pandemic, the government took a number of restrictive measures to prevent people from being exposed to the virus, thus slowing down its spreading, and introduced a set of measures to mitigate the adverse effects of the imposed restrictions. The adopted measures contributed significantly towards restricting citizens’ rights, and included a curfew, maintaining social distance, restricting movement and gathering, closing borders and stopping air traffic, online education, and the like. While such restrictions of the freedoms and rights may have, in part, been necessary to control the pandemic, many of them were too broad or neglected to consider effects on the most vulnerable categories of citizens, not only of the virus, but also of the socio-economic consequences. Hence, the purpose of this public policy paper is to analyze the response of the Gov

The number of detained persons in 2021 (388) is continuously increasing compared to the previous years (2020 – 317, 2019 – 225). There is a slight decrease in the number of detained children in 2021 (55) compared to the same period in 2020 (76). The average period that children spent in detention in RTC Vinojug is 29 days and the maximum is 50 days. In most cases, legal guardian was appointed to the unaccompanied detained children. However sometimes there was a delay in the timely appointment of a guardian. In 2021 the persons were detained at three locations in RC Gazi Baba, RTC Vinojug and RTC Tabanovce. Migrants at RTC Vinojug who were detained as witnesses in the proceedings against the smugglers continued to be held in quarantine before being brought in front of a public prosecutor.

The monitoring report on the implementation of the Anti-Corruption Plan “Action 21” and the National Strategy for Prevention of Corruption and Conflict of Interest, in the period from March to December 2021 was prepared under the project “Monitoring of National Actions for Combating Corruption”, in order to assess the level of implementation of these documents and to show the open issues, gaps and shortcomings in the implementation of the steps planned.

This report is a comprehensive overview of the various practices, policies and procedures in relation to the asylum system in Republic of North Macedonia in 2020. The Report emphasizes the key challenges faced by the asylum seekers and the refugees during the asylum procedure and during realization of other rights. In order to produce this document, we used: a) data gathered during representation of asylum seekers, refugee and migrants, persons under subsidiary protection and recognized refugees in North Macedonia; b) data gathered through monitoring of the condition and treatment of the authorized bodies towards the refugees and migrants in the Transit Centers where MYLA has accessible offices and c) data gathered during the attendance in the Reception Center for Asylum Seekers in Skopje. Furthermore, in order to prepare this Report, we gathered public information, as well as numerous available reports and literature.

The right to association and public assembly does not in itself mean only the association of citizens with a physical presence through which they would express dissatisfaction with a certain government decision that affects their rights and interests. In the last few years, there is a trend of increased use of Internet tools through which the citizens of a country can act in the online space just as they would act with a physical presence. In North Macedonia, the trend of using online tools is experiencing its peak with the proclamation of a Covid-19 pandemic. The purpose of this Analysis is to summarize the International Legal Framework on the freedom of peaceful assembly in the digital era and to present the state obligations. Also, to research the opportunities and challenges of the assemblies in the digital era and the impact of the new technologies in exercising of the right to free assembly. In the same time to make comparison and research on the concept of digitally-med

his report was prepared within the framework of the project “Eliminaton of Torture and Inhuman Treatment in Prisons and Deteniton Facilities”, funded by the European Union. For the purposes of the project, a Memorandum of Cooperaton was signed between the Macedonian Young Lawyers Associaton, the Helsinki Commitee for Human Rights and the Administraton for Execution of Sanctions. The report is based on field visits by the representative of the Helsinki Committee for Human Rights – Ina Dzugumanova, representatives of the Macedonian Young Lawyers Association – Arben Gudachi and Irena Zdravkova, as well as external experts hired by the monitoring team, psychiatrist – Marija Kostadinovska and psychotherapist – Elisaveta Sekulovska. The experts were hired to assess the potential impact of material condidions in prisons and detention facilities on persons staying in these facilities. The assessment was conducted by providing psychiatric and psychotherapeutic counseling to convicts and talking

Constitutional judiciary has been existing in Macedonia for almost six decades. The First Constitutional Court, as a separate constitutional order institution controlling constitutionality of laws and constitutionality and legality of other general legal acts, was introduced with the 1963 Constitution of the Socialist Republic of Macedonia. Its organizational setting, powers and working procedures for exercising its jurisdiction were regulated in detail with a special law. In accordance with its powers, the Constitutional Court exercised additional a posteriori or conditional repressive control over the constitutionality of the laws by making decisions that had the legal effect of determining unconstitutionality of a law. Where the Assembly failed to harmonize the law within 6 months, the Constitutional Court would conclude, with a new decision, that such law was abrogated.

This paper analyses the role of the trade unions in labour relations through the prism of their legal subjectivity. By presenting two different views on the legal status, the aim is to show how the conducted research findings impose the tendency to challenge the existing status quo. Given the asymmetric power between higher-level unions and the lower-level unions in the discourse on their legal subjectivity, the paper shows that when all trade unions enjoy the status of a legal entity, the substantive trade union organisation is strengthened, as opposed to the purely formal one. The arguments point out that acquiring the status of a legal entity with the moment of registration in the relevant register, is the first step on the long road to strengthening the alliance, solidarity, and the struggle to achieve common interests and goals for the unions. The paper provides answers on the primary function of the trade union and the legal status of all trade unions. The paper contributes to cr

This infographic contains data on how does the State Labour Inspectorate handle requests for extraordinary inspection, as well as apposite recommendations for the improvement of the Inspectorate’s efficiency. The Infographic covers the period from January to March 2021 and was produced within the project ‘Improved productivity through better labour legislation in North Macedonia’, funded by the Good Governance Fund of the United Kingdom Government, with the support of the British Embassy Skopje. Opinions and views stated in the contents do not necessarily reflect the opinions and views of the Government of the United Kingdom.