Skopje, 8 November 2023 (MIA) – In its 2023 Progress Report on North Macedonia, the European Commission assesses that there was no progress in the field of the judiciary during the reporting period, and that the country’s judicial system is in between some and moderate level of preparation to apply the EU acquis and European standards in this area.

In the section on the judiciary, the Report notes the Judicial Council should strive to protect the integrity and independence of judges and institutions and should resist any external influence.

“The controversial dismissal of the President of the Judicial Council raised concerns about undue political influence. The adoption of a new judicial reform strategy is behind schedule. It should aim to improve the performance of institutions. Progress on implementation of the human resources strategies for the judiciary and prosecution services was limited. The lack of measures to address the impact of scheduled retirements affected efficiency. Most promotions for higher courts faced further delays. Work continued on upgrading the automated court case management information system (ACCMIS) for random distribution of cases in courts. A similar system was introduced in the Public Prosecutor’s Office,” states the Report.

It highlights that the Commission’s recommendations from last year have not been implemented and remain valid. Noting that in the coming year, the country should in particular: complete the implementation of the judicial reform strategy and the updated action plan, with a specific focus on adopting a new Law on civil procedure, in line with European standards and prepare the new strategy on judicial reform (2023-2027) without delay; revise the legislative framework and overall functioning of the Judicial Council to enhance its transparency and independence and step up the implementation of the human resources strategies for the judiciary and the prosecution; ensure that ACCMIS is fully functional and compatible with level of complexity of court cases and the method for assessing judges and presidents of courts.

In the section on the fight against corruption, the EC assesses that no progress has been made, and the country is in between some and moderate level of preparation in the prevention and fight against corruption.

“Corruption remains prevalent in many areas and is an issue of concern. Delays and reversals in trials of high-level corruption cases increased, resulting some cases in the expiration of the statute of limitations. The Criminal Code was amended through an expedited parliamentary procedure. The maximum legal penalties for specific corruption-related criminal offences were reduced, having implications on the application of the statute of limitations and affecting, halting or even terminating, a large number of high-level corruption cases, including from the former Special Public Prosecutor’s Office (SPO). The amendments also hamper the authorities’ ability to investigate and prosecute such offences. This is a matter of serious concern,” notes the Report.

The Report highlights that the State Commission for the Prevention of Corruption was proactive in providing public institutions with policy guidance on preventing corruption

“It opened several cases, but its recommendations need to be effectively followed up on. Efforts to improve the functioning of the State Commission for the Prevention of Corruption should continue, especially by allocating additional funding for the recruitment of specialist staff,” states the Report.

According to the Report, additional human resources and financial means should also be made available to the Public Prosecutor’s Office, investigative centers and law enforcement units in charge of investigating corruption, while the sectors most vulnerable to corruption require targeted risk assessments and dedicated actions.

The Report adds that last year’s recommendations have not been fully addressed and remain valid. According to the EC, in the coming year the country should in particular:  enhance implementation of the national strategy for the prevention of corruption and conflict of interests and properly implement GRECO’s recommendations; allocate sufficient human and financial resources, including financial experts, to the Office of the Basic Public Prosecutor for Organised Crime and Corruption to ensure effective accountability in high-level corruption cases; improve its track record in high-level corruption cases – with timely, professional and transparent proactive investigations, prosecutions, final convictions and recovery, including confiscation of criminal assets, value-based confiscation, extended confiscation and third-party confiscation.

In the section on the fight against organized crime, the Report assesses that North Macedonia has some level of preparation, and that some progress was made during the reporting period.

“The country continues to have a good level of operational cooperation with EU Members States, non-EU neighbouring countries, Europol and Eurojust. A new Law on money laundering and financing of terrorism entered into force in July 2022. Implementing legislation now needs to be drafted and adopted promptly. More needs to be done to improve the effectiveness of law enforcement in fighting certain forms of crime, such as money laundering and financial crimes,” states the Report.

According to the EC, North Macedonia also needs to adopt and implement the necessary legislation to regulate the activity of the Asset Recovery Office, as well as to improve the capacity of the National Coordination Centre for the Fight against Organised Crime.

“Coordination remains crucial for all stakeholders involved in fighting organized crime, including between prosecutors and police,” says the EC in the Report.

In the section on the fight against terrorism and violent extremism, the Report assesses that some progress was made in line with the objectives set out in the joint action plan on counterterrorism for the Western Balkans and the new bilateral implementing arrangement. The national strategies for countering terrorism (2023-2027) and countering violent extremism (2023-2027) were adopted in May 2023, with the related action plans.

The EC Report notes that North Macedonia continues to play an active role in the management of mixed migration flows. 

“Efforts continued to ensure basic living conditions and services for all migrants in the country. There is, however, a need to enhance institutional and administrative capacities for all aspects of migration management. More staff and additional material and technical resources are required to increase capacity to a satisfactory level,” states the Report.

According to the Report, systematic registration of migrants is needed, and protection-sensitive profiling needs to be improved. It states that the country should establish a proper system for managing irregular movement and stop the practice of returning migrants outside a legal framework. A contingency plan to manage large migratory flows needs to be finalized and adopted, notes the Report.

The Report also highlights that the Status Agreement for operational cooperation in border management with the European Border and Coast Guard Agency (Frontex) entered into force on 1 April 2023, allowing the launch of a joint operation with the deployment of officers from EU Member States to provide support with border control and the management of irregular migration and cross-border crime.