Documents: With tag Fundamental rights

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 reforms conducted under the auspices of the EU negotiations undoubtedly transformed the judiciary accelerated the fight against corruption and improved the system for the protection of fundamental rights and freedoms. Although these reforms enabled Croatia to become a member of the EU, their results and outcomes were not entirely in line with expectations. Moreover, in the case of Croatia like in many other Central and East European EU member states, it is evident and clearly visible that after the EU conditionality had passed many of the started reforms were not finalised due to changes of political priorities or were reversed (either by changing or choosing not to implement the current policies).

This Report following the implementation of the Strategy is structured in line with the plan for monitoring the implementation and for 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 justice system institutions, as well as the degree of attainment of strategic goals, guidelines, measures, and activities envisaged under the Strategy. The Project Partnership Justicia: Regaining the Citizens’ Trust introduced citizen-oriented indicators for monitoring and assessing the implementation of the Strategy with a view to promoting the rule of law principle and prompting a greater human rights approach and focus within justice system institutions. Such indicators help measure the results of the 2017-2022 Strategy for Reform of the Judicial Sector from the human rights perspective and from the viewpoint of the Strategy’s effects on citizens, aga

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 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.