Harmonization of Macedonian Legislation
Since January 2003, the United States Agency for International Development (USAID) has funded the Macedonian Court Modernization Project (MCMP) to strengthen the judiciary. The legislative reform assistance has to result into a harmonization of Macedonian legislation with European Union standards.
In this light the Law on the Enforcement Procedure needed revision too. For this reason two Dutch experts were asked to assist in the project: Professor A.W. (Ton) Jongbloed, professor at the Law Faculty of Utrecht University in the Netherlands and Jos Uitdehaag, practising Judicial Officers, member of the board of the Dutch Organisation of Enforcement agents and member of the committee of UIHJ.
Since January 2003, UIHJ, through its expert, Jos Uitdehaag, visited Fyrom six times to make an inventory of the Macedonian system, and to discuss the enforcement system with members of Parliament, representatives from the legal professions, judiciary and business. Besides, the members of the Macedonian Working Group on enforcement made a study visit to the Netherlands and Lithuania in April 2005. The result of those visits was a Draft Code on Enforcement, which was sent to parliament and was accepted unanimously in May 2005.
This Law on Enforcement will be enacted May 26th, 2006. Since the adoption of the law a lot of attention has been given to the establishment of the national organization, the sub regulations, training and auditing and disciplinary measures.
A New Law
The enforcement system will be changed with this new law. UIHJ was not only involved in the changes of the system of judicial officers but in the changes of all provisions on enforcement in Macedonian legislation.
Regarding the provisions on enforcement a lot of attention has been paid to simplifying the system of enforcement and at the same time make more efficient the remaining provisions. An example is the reduction of the number of legal remedies in enforcement procedures.
So far, Judicial Officers in Fyrom are court employees and not independent agents. From May 26th 2006 there will be a drastic change: from a civil servant based system, Fyrom will then have a system with colleagues with a private status.
The role of the Ministry of Justice will be limited to the control over the activities of the private judicial officers. At the same time the professional activities will be monitored by their professional organization – the Chamber of Private judicial officers.
For the new system of judicial officers and the system of control and auditing Fyrom benefited from Dutch experiences.
Reform
Reform is a continuous process. This means that with the adoption of the law the work is not finished. UIHJ will continue assisting the Macedonian colleagues.
FYROM already expressed its willingness to join the UIHJ. Let us hope that we can welcome our Macedonian colleagues within a very short period of time.
