COURT OF PRACTICE OF THE REPUBLIC OF MACEDONIA AND COURT PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS: A NEED FOR SYMBIOSIS? Cover Image

COURT OF PRACTICE OF THE REPUBLIC OF MACEDONIA AND COURT PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS: A NEED FOR SYMBIOSIS?
COURT OF PRACTICE OF THE REPUBLIC OF MACEDONIA AND COURT PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS: A NEED FOR SYMBIOSIS?

Author(s): Jelena Ristik
Subject(s): Constitutional Law, International Law, Human Rights and Humanitarian Law, Court case
Published by: Институт за социолошки и политичко-правни истражувања
Keywords: Court practice; European Convention on Human Rights; European Court of Human Rights; Republic of Macedonia;

Summary/Abstract: The recent Report on Macedonia: Assessment and recommendations of the Senior Experts’ Group on systemic Rule of Law issues 2017, led by Reinhard Priebe and issued on 14 September 2017, notes that there is a need for achieving greater uniformity of court practice. The latter was also noted by the European Union within its latest progress reports on the Republic of Macedonia. Within the process of achieving greater uniformity of court practice, the court practice of the European Court of Human Rights must not be neglected. This was emphasized in the latest European Union reports on the progress of Republic of Macedonia as well. However, the use of the court practice of the European Court of Human Rights by the courts in the Republic of Macedonia is not satisfactory. This paper aims to show that there is a need for symbiosis to be reached between the court practice of the Republic of Macedonia and the court practice of the European Court of Human Rights. This will be done mainly through analysis of the relevant national legal frame. In addition, it will also be shown that uniform court practice that is in compliance with the court practice of the European Court of Human Rights is important not only for the legal security, but also for the Euro-integrative processes of the Republic of Macedonia.