26 Oct Opinion of the Blueprint Group regarding the segment on judiciary in the European Commission’s progress report on North Macedonia for 2021

Opinion of the Blueprint Group regarding the segment on judiciary in the European Commission’s progress report on North Macedonia for 2021

This year’s report of the European Commission (EC) on the progress of our country in 2021, assesses that there is “some progress” in the dynamics of reform processes in the judiciary. This deviates from the grades given in the reports for 2020 and 2019, where the processes were assessed with “good progress”, which indicates that this year the Commission is more reserved in relation to the reform processes in the judiciary. In this section, it is necessary to note the fact that during the reporting period our country was facing the pandemic caused by COVID-19, which affected the dynamics of court proceedings.

This year’s progress, same as last year, is due to the implementation of the Judiciary Reform Strategy 2017-2022 (the Strategy), which further addresses the recommendations made by the Venice Commission and the group of senior experts on systemic rule of law issues. However, the need for consistent and intensive implementation of the reforms planned with the Judiciary Reform Strategy was emphasized again, and it was specifically emphasized that intensive implementation of the revised action plan is needed. This conclusion of the EC is in line with the findings of the Blueprint Group for Judiciary established in the latest analysis on the implementation of the Strategy, where it is stated that the entire process of implementing the Strategy and the action plan for 2020 was partly transparent and inclusive, while the time frame for enactment of laws, despite the adoption of the revised action plan, was largely exceeded. The findings in this section are the identical for the Strategy implementation process in the first half of 2021.

In its analyses, the Blueprint Group for Judiciary, in relation to the laws it monitors, notes that the inclusiveness/involvement of relevant stakeholders, including civil society organizations in the preparation of laws, is satisfied to a certain extent. In the report, the EC notes that civil society organizations continued to be active and play an important role in the reform processes. Additional efforts are necessary to ensure a more timely, meaningful, transparent and structured consultation process with civil society.

Regarding the legislative framework, for the first time in the section of key recommendations, the need to enact a new Law on Litigation Procedure, as a systemic law, the drafting of which was evaluated by the Blueprint Group as inclusive, is emphasized. The draft law is currently in parliamentary procedure. The Commission especially draws attention to the adoption of the new Law on the Academy for Judges and Public Prosecutors, that the recommendations of the evaluation mission from 2018 be observed and that the AJPP continues to be the single point of entry into the judiciary and the prosecution, thus ensuring a fair and transparent approach to these professions. The draft law on the Academy for Judges and Public Prosecutors, although submitted, was not adopted by the previous parliamentary composition in order to be returned to the Ministry of Justice for finalization. Currently, it is in parliamentary procedure.

The Commission’s reservation is particularly noticeable in relation to the action of the Judicial Council. Last year’s report particularly emphasized the proactive role of the Council in safeguarding judicial independence and impartiality and its transparency and openness, while this Report emphasizes the need for the Council to maintain its role as a guardian of the independence and impartiality of judges. The findings of the Blueprint Group for Judiciary indicate that despite the improvement of the legal framework for the competences of the Judicial Council, the appropriate and consistent practical application of the legal provisions by the Judicial Council and especially the promotion of proactivity in preserving independence and impartiality of the judiciary in the exercise of its other competences (especially digitization of the judiciary, application of ICT technology in the judiciary, etc.), is of great importance.

The Commission highlighted the efforts of the Association of Judges and the Judicial Media Council to promote transparency in the judiciary. It is particularly significant that the Report notes the need for the Council of Public Prosecutors to enable the presence of journalists at their sessions.

It is important to continue the implementation of the legal framework and strategic plans related to the reform of the Judicial Council and the Council of Public Prosecutors. The EC notes that in November and December 2020, new Strategies for Human Resources in the Judiciary and Prosecution were adopted. However, the need for their implementation is also emphasized, especially in the area of new employment. The EC highlights the need for recruiting new public prosecutors in the section on the fight against corruption.

This year, as in previous years, the Commission expresses concern regarding the budget allocated to the judiciary and the public prosecution. Namely, the court budget at this moment is 19.5 EUR per capita, against the average in the Western Balkans of 38 EUR per capita, which is twice less. The European Commission also notes that the budget allocated to courts, public prosecution offices and the budget intended for legal aid has decreased by 8.3%, compared to 2019. In May 2021, on the ENER website, a notification for the beginning of preparation of the Law on the Judicial Budget was published. The predicted percentage of the GDP, which is intended for the judicial authority according to the Law on the Judicial Budget, has not been realized for years and the measures in the Strategy, which foresee an increase in the judicial budget, have not been fulfilled.

There is a positive step forward in the area of ​​alternative dispute resolution, where in 2020, the number of cases resolved through mediation increased by 55% compared to 2019. The new draft law on mediation aims to further advance the concept of mediation and is currently in parliamentary procedure. However, in order to fully affirm mediation, the EC emphasizes the need for its promotion. The EC also welcomes the efforts of the Supreme Court and the four Courts of Appeal to improve the consistency of judgments and harmonize case law.

Recommendations for addressing the challenges identified in the Report [1]

From the analysis of the content of the Report, it follows that a large part of the old challenges remains. The evaluation of progress is a warning and in the following period it is necessary for our country to focus especially on the reform processes in the judiciary by intensifying the reforms provided in the Judiciary Reform Strategy. In this context, the intensification of the inclusiveness process, as well as a timely, more significant and transparent consultative process with civil society, is essential. In addition, it is necessary:

• • Adoption of the Law on Civil Procedure and the Law on the Academy for Judges and Public Prosecutors who are in parliamentary procedure currently. Regarding the Law on the Academy for Judges and Public Prosecutors, the Commission appeals to observe the recommendations of the evaluation mission from 2018 and for the AJPP to remain the single point of entry into the judiciary and the prosecution, thus ensuring a fair and transparent approach to these professions;
• • The Judicial Council should maintain its role as a guardian of the independence and impartiality of judges and participate actively in all processes relevant to the judiciary;
• • The Council of Public Prosecutors should allow the public at its sessions through the presence of journalists, expert public, civil society organizations and other interested citizens at its sessions. The Council for Public Prosecutors should especially increase transparency and provide reasoning for its decisions;
• • To continue with the implementation of the legal framework and strategic plans related to the reform of the Judicial Council and the Council of Public Prosecutors, as well as implementation of the Strategies for Human Resources in the Judiciary and the Prosecution, especially in the area of new employment;
• • Increasing the budget of the judiciary and the public prosecution, as well as the budget for free legal aid. We expect that with the following amendments and additions to the Law on the Judicial Budget will fully respond to the need for financing the judicial authority and will be consistently applied in practice;
• • Affirmation of mediation with promotional activities;
• • Improvement of the automated information system for managing court cases AKMIS through the establishment of an appropriate software solution; and
• • Creation and establishment of a software solution for automated case management in the public prosecution that will improve efficiency in dealing with criminal charges, monitoring the investigation and prosecution process, and will enable data access and processing.

[1] The recommendations are given based on the findings of the EC report and the findings of analyses, reports of the Blueprint Group for Judiciary and civil society organizations – members of the group.