THE NEW LAW ON ADMINISTRATIVE DISPUTES

EFFICIENT COURT PROTECTION

Abstract

This paper explores the main features of the new Law on Administrative Disputes, which shall
come into force in May 2020, so as to ensure effective judicial protection of citizens and legal
entities in administrative disputes. The paper points to the chronology of administrative law
reforms with a view to the weaknesses between public office holders and the administration
with the administrative judiciary, as well as of a number of incompatible legal acts. The
continuation of the paper states the need for efficient implementation of the new Law on
Administrative Disputes, which is the fundament for effective administrative-judicial
protection, but also the fact that the new administrative procedural rules should be applied to
avoid transforming the administrative dispute into litigation proceeding. The paper analyses
basic preconditions for efficient implementation of the reformed administrative dispute,
holding public hearings, deciding upon the administrative disputes in full jurisdiction,
respecting the compulsoriness and enforcement of court’s final decisions. The Law on
Administrative Disputes finds a resolution for restrictive application of the right to appeal
lodged by the State Attorney’s Office of the Republic of North Macedonia. Under proper application of the new Law on Administrative Disputes, the Court shall very rarely need to
apply the new institute - penalties.
At the end, the paper concludes that judges have the professional potential for efficient legal
protection, but urgent upgrades are needed with greater technical resources and judicial
service staff, so that we can realistically expect to achieve the efficiency and effectiveness of
the work of administrative courts and raising the degree of satisfaction and fulfilment of
administrative justice.