Macedonia’s judicial reforms: a rocky path toward accountability and independence
Macedonia’s judicial reforms: a rocky path toward accountability and independence

Summary/Abstract: Facing the consequences of the prolonged transition process and accompanied by the turbulent events in the past two decades in the Balkans, Macedonia still wobbles toward efficient and independent judiciary. The need of fully functional judicial system is crucial for the country to continue its development. The reforms in the judicial system should consolidate the rule of law in the country and entrench the democracy. Tomas Carothers, a political scholar and vice president for studies at the Carnegie Endowment for International Peace, defines the rule of law “as a system in which the laws are public knowledge, are clear in meaning, and apply equally to everyone.” In his view, “they enshrine and uphold the political and civil liberties that have gained status as universal human rights over the last half century. The central institutions of the legal system, including courts, prosecutors, and police, are reasonably fair, competent, and efficient. Judges are impartial and independent, not subject to political influence and manipulation. Perhaps most important, the government is embedded in a comprehensive legal framework, its officials accept that the law will be applied to their own conduct, and the government seeks to be law-abiding.” Establishing the rule of law, for Macedonia is not just part of the process of successful transition, but as a candidate for full membership in the European Union is a crucial requirement for the country to fulfill the political criteria. However the path toward the rule of law leads through successful reforms of the judiciary. Therefore, the reforms of the judicial system in Macedonia are, by no accident, a crucial requirement for the start of the accession negotiations with the European Union (EU). In a group with seven other benchmarks the EU delivered a list of musts for the judicial system. However, Macedonia badly failed on the assessment from the European Commission. Although the progress report in 2008 stated that the country has progressed in adopting new legislation and changes in the judicial system, yet it concluded that the judicial branch is not independent and efficient. Even worse the report pointed to direct involvement of the executive branch of power in the work of the judicial branch. The recent 2009 progress report of the European Commission on Enlargement states that despite the reported progress “continued efforts are needed to ensure the independence and impartiality of the judiciary, in particular through the implementation of the provisions regarding appointments and promotions.”

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