CONSISTENT APPLICATION OF ARTICLE 6 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS IN ADMINISTRATIVE JUDICAL PROCEDURE IN THE REPUBLIC OF MACEDONIA - REALITY OR FICTION?

Abstract

It is undeniable, that the administrative judiciary is the basic guarantee for the protection of rights, obligations and legal interests of natural and legal persons when they are violated by a final administrative act. This means that the administrative-judicial procedure has two main objectives, on the one hand, to protect the rights and interests of individual and legal persons, and on the other hand, ensuring legality in the operation and enforcement of the administrative activities by the bodies of the administration, through the control of administrative acts. Hence, the quality of administrative and judicial control is directly linked to efficient and effective procurement of administrative and judicial protection. Therefore, we believe that the administrative dispute is the right mechanism for independent and fair control over the legality of administrative acts, which needs to be constantly modernized and adjusted to the current developments and challenges in the field of administrative judiciary following not only the needs and problems of the current judicial practice, but also the comparative experiences. In this paper, we will try to give a brief analysis of how the administrative judicial proceedings in the Republic of Macedonia complies with the principles of judicial procedure mentioned in Article 6 of the European Convention on Human Rights and Fundamental Freedoms. Thereby, we will put emphasis on several institutes such as the dispute in meritum, hearing, enforcement of judgments and the right to trial within a reasonable time.