Skopje, 18 April 2023 (MIA) – The proposed amendments to the eight bills for faster construction of Corridor 8 and Corridor 10d, not only speed up the procedures, as stated in the very short explanations, but also change their nature, and thus the way of protecting rights and values, and any adoption of special laws in itself is a risk of corruption, Misha Popovikj of the Institute for Democracy Societas Civilis – Skopje (IDSCS) said ahead of Tuesday's discussion on risks arising from changes to the bills on the construction of Corridors 8 and 10d.   

He recommended that the full procedure be followed, i.e. withdraw all the changes and go through a real procedure, and at the same time, the Government should provide analyses as to why exceptions are necessary to be made, which should only be made in cases when justified. In particular, he added, it should explain why a working week with more than 40 hours is needed.

Experts at Tuesday's event discussed potential risks arising from the proposed amendments to the eight bills and their implications in the areas they cover.

According to Popovikj, several parties have pointed to possible risks of corruption and called for withdrawing the proposed amendments, because it is necessary to have greater debate, as well as more analyses that will show all the benefits and all the harm that can potentially result from changes to laws including the law on labor relations, the law on Expropriation, etc.  

"There is no debate and analyses on the changes to the eight bills that simultaneously protect human rights, as well as values ​​that are important for the lives of citizens, such as the environment and cultural heritage. Any adoption of special laws in itself is a risk of corruption, because in a special way - by an exception - they regulate things that are already regulated by general laws. The special law bypassed the law on public procurement, and now with the exceptions to the current eight laws, there is a risk of corruption which points to possible problems in the future," said Popovikj. 

He pointed out that global practice shows that special laws should be avoided, exceptions should be avoided and things should be carried out according to general legal norms, which are in the country and which provide for various protective mechanisms against corruption and other possible abuses. 

"Unfortunately, the process continues in our country and I think that it will have major consequences in the future when the way of management in the country is evaluated. The European Commission (EC) has already reacted to the law on construction itself, i.e. the making of such an exception from the public procurement law, and I believe that these exceptions, which are made without the necessary analysis of the impact of the regulation, have been avoided because the proposals come from the MPs, will find their place in the next EC report, as well as in other reports on the way of management and governance in the country. When amendments to a law are made, and particularly amendments that change the essence of the main provisions and make exceptions, decisions should be made based on data analysis, not based on opinion and will of a private investor," said Popovikj. 

Goce Kocevski from the Macedonian Young Lawyers Association pointed out that the proposed amendments to the law on labor relations are problematic from the point of view of the rule of law, they conflict with the already adopted decision of the Constitutional Court, which is final and whose legal effect is against everyone and shakes the whole rule of law in the country. They go against the Constitution, against the Decision of the Constitutional Court and against the European Social Charter, which clearly provides for the duration of a working week.

"It is crucial that the proposed amendments bypass the decision of the Constitutional Court which overturned the decision that the workers who will work on this project will be able to work an average of 60 working hours per week if they give their written consent," Kocevski said. 

Tona Kareva from the Helsinki Committee for Human Rights pointed out that the changes to the bills undermine the rule of law and cause legal uncertainty. According to her, the changes are incomplete, poorly set and unclear as to what they refer to, and as to which current and future projects can be declared as projects of strategic and national importance.

Kareva noted that it opens room for doubt, for arbitrariness due to the complete disregard of the principles of constitutionality and legality and the freedoms and rights of the citizen. She believes that for such amendments it is crucial to leave enough time for analysis and to involve all stakeholders and experts in order to analyze what exceptions are needed at what time and for which laws, and whether the exceptions provided for in the amendments to the eight bills are really necessary at this point.

Ordanche Petrov of the Macedonian Archaeological Society said that amendments to the law on protection of cultural heritage affect accidental archaeological discoveries, whereas amendments to the laws on construction and urban planning affect recorded and registered cultural assets, bypassing competent institutions and violating the established principle of protection. 

Until we see the contract, he added, there's no way we can know what loopholes it contains. 

Photo: MIA