JUDICIAL CONTROL OF STATE EXECUTIVE POWER

Abstract

Many analyses and international reports point out that there is a significant lack of judicial control over
the state executive power in the Republic of North Macedonia. This article aims to analyze the
deficiencies that contribute to the lack of control, and special attention is also devoted to the
administrative judiciary as a basic external form of providing judicial control over the legality of the
decisions of public authorities and their officials, in order to ensure objective legality, as well as the
protection of individual rights of citizens against unlawful administrative acts and actions of public
administration. The first part of the article focuses on challenges for judicial control of the executive
government. It shows the results of semi-structured interviews conducted with 36 stakeholders such as
judges and prosecutors about the limits to judicial control of the executive. The second part focuses on
weaknesses and challenges of the administrative judiciary, and makes proposals on how to improve the
administrative judiciary as a special type judiciary within the framework of the judicial system of the
Republic of North Macedonia. Therefore, it presents a crucial illustration to detect the specific
problems and to offer possible solutions.