THE REFORM OF THE MACEDONIAN OMBUDSMAN - BETWEEN THE SET UP GOALS AND THE REALITY

Krstevska Savovska, Katerina (2018) THE REFORM OF THE MACEDONIAN OMBUDSMAN - BETWEEN THE SET UP GOALS AND THE REALITY. In: Security System Reforms as Precondition for Euro-Atlantic Integrations, 04.-05.06.2018, Ohrid, Republic of Macedonia.

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Abstract

Beside the fact that the 2003 Law on Ombudsman has been subjected to three changes and amendments so far, the last version of its 2018 Draft - Law, reiterates the goal concerning the area of human rights. Namely, it points out that human rights should be strengthened in accordance to the standards of the Council of Europe and the other international standards, and supplements this goal with one more, i.e. support and protection of the victim should be provided and his / her interests should be presented in all procedures, through efficient and transparent investigation of the criminal acts and other illegal actions committed by the employees of the Ministry of Internal Affairs while using their police authorizations and also by the members of the Prison Police. While elaborating the content of the proposed novelties, the 2018 Draft - Law goes even further by headlining the Ombudsman‘s constitutional position, independence, recognition, experience, and practice, as well as its expanded competences, and by giving an expectation that this institution can realistically fulfil such competences. Despite the legal framework, the Paper shall pay attention to the so-called ―2015 Priebe‘s Report‖, especially to one of the remarks addressed to this institution, i.e. ―the Ombudsman appears reluctant to use his mandate fully, probably as he is balancing between not upsetting the establishment too much in relation to concrete cases and his ability to carry out investigations into less politicized cases‖. Therefore, the Paper shall analyse the Ombudsman‘s current position in the country, especially from the aspect of whether this set up goals and broaden competences should be seen as ―science fiction‖ or as reality that should be expected.

Item Type: Conference or Workshop Item (Paper)
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Security
Depositing User: Ms. Olivera Trajanova
Date Deposited: 09 Jun 2020 19:10
Last Modified: 09 Jun 2020 19:10
URI: https://eprints.uklo.edu.mk/id/eprint/5429

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