Documents: With tag Equality

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 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

The analysis of the quality and uniformity of court decisions in civil cases prepared by Dusko Georgievski, includes 88 anonymized decisions from the four appellate areas adopted in the period from 2017 to 2020 (with the exception of one, which was adopted in early 2021 ). Each of the decisions was analyzed separately, based on the criteria set out in the specially developed Methodology for analysis of the quality and uniformity of court decisions. The main goal of the analysis is on the one hand, through quantitative indicators to make a qualitative assessment of the decisions made in the given period at the level of all four appellate areas and at the national level to determine whether there are any weaknesses that are characteristic according to this criterion for a certain area of ​​appeal. While, on the other hand, in the area of ​​uniformity of court decisions, to determine whether attention is paid to the balance between equality of people before the law and legal certainty

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.

This Report is based on the plan for monitoring the implementation and assessment of the results of the 2017-2022 Strategy for Reform of the Judicial Sector, using citizen-oriented indicators, i.e. indicators facilitating the assessment of the interaction of citizens with the justice system institutions, as well as the degree of attainment of strategic goals, guidelines, measures and activities envisaged under the Strategy. The indicators help measure the results from the human rights perspective and from the viewpoint of the Strategy’s effects on citizens, against the background of the overall work of the justice system. This Report covers the following strategic goals set forth under the Strategy: quality, efficiency, transparency, strategic planning and policy-making, judicial institutions, criminal matters, misdemeanour matters and civil matters. The indicators do not cover the following strategic goals under the Strategy: independence and impartiality, liability, access to just

The COVID-19 virus pandemic has caused global effects on a scale incomparable to any other event in human history. The fast-growing health crisis, which hit almost every country in the world, is causing unforeseeable economic and social consequences, from which humanity is yet to recover. Given the seriousness and uncertainty of the events, many governments, including ours, considered it necessary to declare a state of emergency in order to properly address the dangers and harms of the new coronavirus. And since in times of а state emergency the Government can take action beyond what would normally be allowed, it also meant an alarm for the vigilance of human rights defenders.

This Shadow Report streamlines in a coherent unity all findings, conclusions and recommendations deriving from monitoring the areas covered by Chapter 23 -Judiciary and Fundamental Rights. This is the fifth Shadow Report published by the European Policy Institute-Skopje (EPI) while taking into consideration the comments and opinions of the 23 Network members. The previous four Shadow Reports cover the period from October 2014 to July 2015, then the period from July 2015 to April 2016, the period from May 2016 to January 2018 and the period from June 2018 to March 2019.