Skopje, 10 November (MIA) - Overall, there was no progress on strengthening judicial independence and improving the legal framework for fundamental rights protection. Political actors should refrain from publicly commenting on judicial proceedings, Judicial Council to enhance its transparency, while Council of Public Prosecutors to provide reasoning for its decisions, the European Commission assesses in the 2023 Progress Report on North Macedonia.

The judicial system of North Macedonia is in between some and moderate level of preparation. There was no progress in the field of the judiciary during the reporting period. The Judicial Council should strive to protect the integrity and independence of judges and institutions and should resist any external influence. The controversial dismissal of the President of the Judicial Council raised concerns about undue political influence, reads the Report.

In the section to independence and impartiality, the European Commission assesses that judicial independence is enshrined in the Constitution. Both the Judicial Council and the Council of Public Prosecutors (CPP) need to act decisively to promote and safeguard the independence, integrity and professionalism of judges and prosecutors.

Further efforts are needed to increase transparency and prevent any attempt to exert undue influence or intimidation, reads the Report.

Efficiency of the judiciary was affected by the Judicial Council's lateness in electing new judges, and by limited progress in the implementing a human resources strategy in the courts, which would include setting up a new network of courts.

In November 2022, over 160 public prosecutors throughout the country, directly elected the new Head of the Public Prosecutor’s Office for Prosecuting Organised Crime and Corruption (OCCPPO), applying for the first time the 2020 Law on the Public Prosecutor’s Office and amendments to the Law on the CPP. The election did not help to build public trust in the transparency of the process, given that no qualifying criteria were set at the outset and serious concerns about possible external influence in the process were raised, it reads.

According to the EC’s Report, the process to adopt the new judicial reform strategy for 2023-2027, which started in September 2022, is delayed. Implementation of the Law on the Public Prosecutor’s Office continued. Limited progress was made in implementing the strategies for human resources management in the courts and in the Public Prosecutor’s Offices.

There are serious concerns about undue external influence over the work of the Judicial Council and judiciary. In November 2022, the President of the Judicial Council resigned to protest against alleged attempts to exert undue influence from within the judiciary and the business community. The new President, who took office in December 2022, was demoted in April 2023 through a controversial procedure, raising questions about respect for laws and procedures. Civil society organisations and legal scholars condemned this unprecedented step and called on all members of the Council to resign. The demoted President continued to serve as a member of the Council, reads the Report.

According to the Report, in May, she filed a lawsuit with the Administrative Court challenging the legality of her demotion, and a criminal report with the Skopje Basic Public Prosecutor’s Office against some of her Judicial Council peers for misuse of official duty and authorisation. Two members of the Judicial Council, judges elected by their peers, resigned in June 2023. One explained that she was resigning over the unlawful and non-transparent demotion of the former President, and disagreement with some of the Council's stances. The other announced that he would contribute better if serving as a judge. In July, judges elected two new members, one of whom, a judge of the Supreme Court, resigned shortly afterwards citing personal reasons. Attempts by the new President to limit the presence of camera crews to Council sessions ceased after interventions of several CSOs and the Judicial Media Council.

According to the Corruption Risk Assessment of the Judiciary, published in June 2023, 72% of the judges interviewed either fully disagree (27%) or partially disagree (45%) that the Judicial Council effectively safeguards judicial independence. Only 26% agree, the Report reads.

According to the EC, efficiency of the judiciary was affected by the Judicial Council's lateness in electing new judges, and by limited progress in the implementing a human resources strategy in the courts, which would include setting up a new network of courts.

The CPP improved its transparency by making sessions available on social media platforms but stills needs to provide reasoning for its decisions. The media have regular access to the Council but limited physical space in Council sessions is a constraint. The budget allocation for the Council increased but it remains understaffed and lacks IT resources to perform its tasks effectively.

The implementation of the Declaration on Open Judiciary, signed in March 2022 by 12 different judicial institutions, CSOs and professional associations, led by the Supreme Court, continued and helped to improve transparency in the judiciary. The Judicial Media Council adopted a two-year work plan focusing on preparation of its communication strategy and conducted training on communication skills for 40 judges and courts’ spokespersons. Political actors should refrain from publicly commenting on judicial proceedings. The Commission for the supervision of the functionality of the automated court case management information system carried out 9 out of 19 supervisions planned for 2022, the Report reads.

According to the EC, a system for electronic distribution of cases in the Public Prosecutor’s Office became operational in January 2023. Reliable statistical data are needed on the performance of the judiciary and the prosecution service, in line with the recommendations and methodology of the European Commission for the Efficiency of Justice (CEPEJ) (a Council of Europe body).

In the section to accountability, the EC assesses that the Association of Judges' Advisory Body for Judicial Ethics received no new requests for opinions. In 2022, the Judicial Council received 72 requests to determine the responsibility of 144 judges or presidents of court. It dismissed 5 judges. The Judicial Council issued a written reprimand to 2 judges and fined a court president and a judge. The CPP dismissed 1 prosecutor and, at their own request, ended the tenure of 2 prosecutors against whom it had initiated disciplinary proceedings. 4 judges were dismissed for reasons relating to unprofessional performance, and 1 for a severe disciplinary offence. According to opinion polls, public trust in the judiciary dropped to the lowest level ever (around 8%).

In the section of professionalism and competence, the EC assesses that the Judicial Council elected four court presidents, two Supreme Court judges, two Court of Appeal judges in Gostivar, 27 basic court judges and one court president. The Council assigned 17 judges to serve in different courts for a one-year period. Elections to the higher courts were further delayed by some attempts to interfere in the process of appointing judges and by the lack of an accredited company to perform psychological and integrity tests for candidate judges.

The CPP appointed two prosecutors in the State Public Prosecutor's Office (PPO), four in the higher PPOs, two heads of basic PPOs and two new prosecutors to the Public Prosecutor’s Office for Prosecuting Organised Crime and Corruption (OCCPPO). In 2022, a total of 5 574 professionals participated in 227 in-service training sessions organised by the Academy for Judges and Prosecutors, it reads.

The average clearance rate for the basic courts dropped from 100.8% to 97.8%. The number of unfinished cases under the old procedural laws increased. No efforts were made to address the Venice Commission recommendations to re-examine the provisions of the Law on the use of languages related to bilingualism in judicial proceedings. The Constitutional Court's decision to annul two articles of the Law on salaries and emoluments of elected and appointed persons resulted in an increase of salaries for judges and prosecutors. A systemic solution has yet to be found to the issue of salaries in the judiciary, considered inadequate. No steps were taken to reduce the overall cost and duration of the enforcement process (the bailiff’s services).

The new Law on the Academy for Judges and Prosecutors, adopted in June 2023 maintained the Academy as the sole entry point to the judiciary and prosecution service, and heeded the European Commission’s recommendation not to shorten initial training. In anticipation of the adoption of the Law, the Academy informed the candidates for the ninth intake that the entry qualification exam scheduled for 29 May to 4 June would be postponed, as the new Law sets a different order for entry tests. The 57 graduates from the seventh intake were recruited in basic courts and PPOs. The Judicial Council published a vacancy in June 2023. The CPP elected 18 prosecutors and published a new vacancy. The Academy continued its active cooperation with the European Judicial Training Network and the Academy for European Law. The total budget for training initiatives in 2022 amounted to EUR 1.74 million, a 46.3% increase compared to the previous year. One interpreter was recruited.

At the end of 2022, there were 409 judges, (22.3 per 100 000 inhabitants) 61.3% of whom were female and 157 prosecutors (8.5 per 100 000 inhabitants), 55% of whom were female. According to CEPEJ, the European averages are 22.2 judges and 18.8 prosecutors per 100 000 inhabitants, the Report reads.

Photo: MIA archive