At the beginning of 2024, Transparency International-Macedonia published the report: “National Integrity System of North Macedonia”, prepared within the project “EU4 Rule of Law: Citizen Engagement for Public Integrity (CEPI) in the Western Balkans and Turkey”, funded by the European Union and the Government of Switzerland. The National Integrity System contains 15 pillars that include the main institutions that are part of the anti-corruption system.
Although the judiciary is among the most important branches in the fight against corruption, it has a score of 50.68 within the National Integrity System.
The capacity score (68.75) consists of score for the resources and the independence of institution.
The judiciary’s budget is insufficient for its needs, not even reaching the legally prescribed minimum allocation. Also, the human and infrastructural capacity is insufficient. Despite the comprehensive legal framework and the introduction of new criteria, methodologies and rules to ensure the independence and impartiality of the judiciary and proper functioning of the justice system, the latest surveys and practice have shown extensive influence in the judiciary, mainly by parties that have access to the certain positions in the judiciary, mainly by parties that have access to certain positions in the judiciary.
In the governance part are analyzed transparency, accountability and integrity.
Although the judiciary maintains active and transparent websites, it is difficult to obtain consolidated information on the judicial budget, and key information as well as case statistics are missing from the Ministry of Justice website. The practice of holding members of the judiciary accountable is considered insufficient and ineffective due to mistrust, the large number of complaints and the small number of reviewed cases. There are mechanisms to ensure the integrity of the members of the judiciary, but they are also considered insufficient and do not have restriction for post-judiciary employment.
The role (33.3) includes the fighting corruption and executive oversight.
The judiciary’s commitment to fighting corruption can be questioned due to the small number of successfully completed cases. The reports point to systemic problems in the judiciary and prosecution, where there is influence from the ruling parties and a lack of adequate accountability and integrity mechanisms.
Pillar Recommendations:
- The supreme court needs to
o revise the code of ethics to include a sustainable and permanent body for its implementation
o strengthen the mechanism for its implementation and accountability, and more effective monitoring of the implementation of the code of ethics
- The judicial council needs to
o adopt new procedures for receiving citizen reports related to conflicts of interest and other inappropriate and unethical behaviour in judges
o establish a whistleblower’s protection and reporting channel to enable judges with integrity or other interested parties to report on cases of influence over the judges and their decisions
- The government needs to ensure sufficient financial and human resources for the judiciary
- The supreme court and judicial council need to
o publish consolidated information on the judicial budget
o ensure that decisions and annual reports published on the judicial council’s website are in a userfriendly format.
This video is produced within the framework of the project: EU4 Rule of Law: Citizen Engagement for Public Integrity (CEPI) in the Western Balkans and Turkey, implemented by Transparency International-Macedonia and supported by the European Union and the Government of Switzerland.