Constitutional Amendments Needed for Macedonian Judicial Reform, Government Says

21/03/2005

A government-appointed team has been working on constitutional amendments needed to reform Macedonia's judiciary. Bringing greater efficiency and accountability to the courts is considered a key part of the EU accession process and would benefit the public, according to experts.

By Marija Lazarova for Southeast European Times in Skopje -- 03/21/05

President of the Macedonian Supreme Court Dane Iliev said amendments to the laws in the area of courts and court organisation should also be addressed. [File]

A government-appointed expert team that has been working on amendments to Macedonia's Constitution has reportedly postponed submitting them to the justice ministry. The team was due to submit a draft of the proposed amendments by Sunday (20 March).

The constitutional overhaul is meant to bring greater independence and efficiency to the judicial system, as well as to enact changes to the organisation of courts. Judicial reform is considered a key requirement for Macedonia as it progresses along the road to EU accession.

"The amendments to the constitution will only be limited to the judiciary," said Justice Minister Meri Mladenovska-Gjorgjievska. "This is about major amendments aimed at ensuring greater independence and better operation of the judiciary bodies."

Under the government's action plan for reforming the judiciary, the amendments must be adopted by the end of the year. Law professors Renata Deskoska-Treneska, Tatjana Karakamiseva and Savo Klimovski make up the expert team that has been working on them. In parallel, the justice ministry is developing legislation that will be needed due to the amendments.

"Independence and efficiency will be two key elements in the constitutional amendments," says Deskoska-Treneska. "Independence of the judiciary must go through constitutional amendments because it is guaranteed through the manner the judges are elected and the manner of their dismissal and promotion."

She added that the existing constitutional provisions regarding the Republic Judiciary Council -- which nominates judges who are then voted on by MPs -- result in the Council being a function of parliament, or of the majority political parties in parliament.

"Amendments are also necessary in the manner the judges, as well as the members of the Republic Judiciary Council, are elected. I believe it would be better if the majority Council members, rather than members of the parliament as it is now regulated by the constitution, elect judges in direct voting," Deskoska-Treneska says. "It is also essential to regulate the principle of dismissal of judges in order to reassure judges that they cannot be dismissed by a future political administration if they are, conditionally, politically inappropriate."

Political parties should be aware not only of the significance of the amendments for the European integration process, but also of their importance for ordinary citizens who have to deal with politically biased judges and inefficient proceedings, Deskoska-Treneska says.

The president of the Macedonian Supreme Court, Dane Iliev, says it is important to work on laws on court and court organisation, in parallel to the amendments. "It is obvious that the current principle of a judge who is competent and responsible for everything must undergo changes," Iliev says