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.

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

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).

Judicial decisions shall be drafted in an accessible, simple, and clear language. Judges shall issue reasoned decisions, pronounced in public within a reasonable time, based on fair and public hearing. Judges shall use appropriate case management methods. In pursuance with the ECtHR case-law, the reasoning must contain a specific and explicit reply to key importance arguments, submissions and claims, which are decisive for the outcome of the proceedings, i.e., for the adoption of the court decision. The purpose of this analysis is to contribute to improving the quality of court decisions in the civil cases, to improve the procedure itself, as well as to contribute to improving the uniformity of decisions in order to respond to citizens’ expectations with regard to their right to a fair and just trial and access to justice.

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