The Process of Denationalization in the Republic of Macedonia from the Perspective of International Law and in the Light of ... Cover Image

The Process of Denationalization in the Republic of Macedonia from the Perspective of International Law and in the Light of ...
The Process of Denationalization in the Republic of Macedonia from the Perspective of International Law and in the Light of ...

Author(s): Bekim Nuhija
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitară Danubius
Keywords: property; deprivation; restitution; international law; rule of law

Summary/Abstract: This paper highlights some considerations concerning the restoration process of previously deprived private property by the communist regime from the perspective of international and European legal commitments which became part of the Macedonian legal system through adhesion, ratification and state succession. There are several publications that deal with practical aspects of the process of denationalization in Macedonia, however very few of them relate the issue with country’s obligations under international and EU law. The paper uses legislative analysis to highlight some of the most important obligations that derive from international legal instruments regarding the process of denationalization. It also analyses the reports of the European Union following the motoring of the accession process and their implementation in practice. The monitoring of the denationalization process in Macedonia by the European Union has had positive results, however, it should not be limited only to the review of the existing legislation, but should seek concrete action plans with clear benchmarks, budgets and responsible institutions. The study could have implications for the category of people who intend to restore the property rights that had been deprived by the communist regime. This paper offers an insight on the issue of denationalization in Macedonia in the context of its accession in the European Union.

  • Issue Year: 9/2013
  • Issue No: 3
  • Page Range: 38-47
  • Page Count: 10