The impact of the European Convention on Human Rights on Judicial Reforms in Macedoniа

Milenkovska, Marija (2018) The impact of the European Convention on Human Rights on Judicial Reforms in Macedoniа. 1st International Scientific Conference on Law and Social Sciences 2017 (ISCLSS’17) “Judicial Reforms and Anti-Corruption Practices: Challenges, Prospects and Transfer of Experiences” Conference proceedings, May, 2018. pp. 132-145.

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Abstract

The paper analyses the measures undertaken by the Republic of Macedonia in response to the judgments of the European Court of Human Rights finding a violation of the right to a fair trial (Article 6 of the ECHR). It aims to assess the impact of the Strasbourg Court on judicial reforms in the country. The paper focuses upon the following question: Have the general measures undertaken in response to the judgments of the ECtHR finding a violation of Article 6 of the ECHR by Macedonia strengthened the capacity, independency and efficiency of the Macedonian judiciary? In order to answer the question, the paper first, identifies the main problems in the country in relation to the right to a fair trial through analysis of the judgments of the ECtHR against Macedonia. Second, it examines the country’s response to those violations using the existing documents adopted at national and international level. One cannot argue that the paper found causal relationship in that the judgments of the ECtHR have impact on judicial reforms in Macedonia. However, it provides solid arguments that many reforms in this area (particularly legislative reforms) were made in response to the judgments of the ECtHR. The paper, also, makes certain recommendations on further measures that should be undertaken by the country under Article 6 of the ECHR.

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Security
Depositing User: Fbs Eprints
Date Deposited: 20 May 2020 09:59
Last Modified: 20 May 2020 09:59
URI: http://eprints.uklo.edu.mk/id/eprint/5213

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