Brussels, 24 July 2024 (MIA) - North Macedonia has undergone several waves of judicial reform and adopted a new justice strategy aiming to improve the independence, efficiency, and professionalism of the judiciary. However, the independence of the judiciary and the institutional capacity to protect it against undue influence remain a serious concern, states the European Commission’s 2024 Rule of Law Report which this year includes North Macedonia, Albania, Montenegro and Serbia for the first time. 

“The level of perceived judicial independence is very low. Concerns also remain regarding the functioning and independence of the Judicial Council, while steps have been taken in this respect. Appointment decisions for public prosecutors and judges have been criticised by civil society for not being comprehensively motivated or based on objective criteria,” the Report states. 

According to the EC, measures to improve transparency have been undertaken, notably under the auspices of the President of the Supreme Court and the Judicial Council. Codes of ethics are in place for both prosecutors and judges, states the Report. 

“Limited financial resources allocated to the judiciary may affect its financial autonomy, and the deficit of human resources could impact the quality and efficiency of justice. Digital tools for case management are being developed. The efficiency of the judiciary has declined for first instance civil, commercial and criminal cases, while it remained stable for second instance cases,” the Report notes. 

According to MIA’s Brussels correspondent, the Report notes that a comprehensive national anti-corruption strategy is in place, however, it states, its implementation lags behind. 

“High risk of corruption remains prevalent in many areas. Recent amendments to the Criminal Code weakened the legal framework, negatively affecting the prosecution of corruption, especially in high-level corruption cases. Resource constraints and a lack of cooperation between national authorities hamper the effective prosecution of corruption and hinder the establishment of a robust track-record of high-level corruption cases,” the Commission’s Report assesses, noting that the State Commission for Prevention of Corruption has continued efforts to fulfil its mandate despite limited resources. 

The Report states that while a legal framework and lobbying registers are in place, there are no registered lobbyists yet. It adds that there are several gaps as regards financing of political parties and that the country is updating the law on the protection of whistleblowers. 

“The Agency for Audio and Audiovisual Media Services fulfills its tasks, while its financial and institutional independence remain to be further strengthened. The Council of Media Ethics continues to be put under pressure. Challenges remain concerning transparency of media ownership and concerns have been raised regarding certain elements of the reintroduction of state-funded advertising,” it notes. 

In the Report, the Commission states that the Public Service Broadcaster faces challenges and that the Agency for Protection of Free Access to Public Information ensures access to public information despite limited resources, while concerns regarding refusals and delays remain. 

“Legislative measures have enhanced the legal safeguards for the protection of journalists, yet threats and acts of violence against journalists have been noted,” it adds. 

According to the Report, the political polarization in the Parliament has caused delays in its work and led to “an excessive and sometimes inappropriate use of accelerated legislative procedures’. 

“Shortcomings remain in the implementation of the processes for inclusive and evidence-base policymaking. The Office of the Ombudsperson is under-resourced, and challenges for the systematic follow-up to its findings and recommendations remain. Civil society organisations operate in an overall enabling environment, but challenges remain to ensure sustainable engagement in policymaking,” states the European Commission’s 2024 Rule of Law Report on North Macedonia. 

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