The Place of the Judicial Authority in the System of Division of Power in the Republic of North Macedonia and Responsibility of Judges МЕСТОТО НА СУДСКАТА ВЛАСТ ВО СИСТЕМОТ НА ПОДЕЛБА НА ВЛАСТА ВО РЕПУБЛИКА СЕВЕРНА МАКЕДОНИЈА И ОДГОВОРНОСТ НА СУДИИТЕ

Doneva, Nada and Gjorgjieva, Dijana (2024) The Place of the Judicial Authority in the System of Division of Power in the Republic of North Macedonia and Responsibility of Judges МЕСТОТО НА СУДСКАТА ВЛАСТ ВО СИСТЕМОТ НА ПОДЕЛБА НА ВЛАСТА ВО РЕПУБЛИКА СЕВЕРНА МАКЕДОНИЈА И ОДГОВОРНОСТ НА СУДИИТЕ. Proceedings of the Eleventh International Scientific Conference "Social Changes in the Global World", 11 (11). pp. 109-124. ISSN UDK 347.96/.99:342.33(497.7) 347.962.6(497.7)

Text Местото на судската власт во системот на поделба на власта и одговорност на судиите.pdf - Published Version Download (555kB)

Abstract

Abstract
The judicial power in the system of division of powers is the one that holds the balance between the legislative and executive power. Because of the power of the last two governments, the judiciary in the European - continental system, and hence also in the Macedonian law, constantly leads a „constitutional struggle“ for its independence. Because of this, the judge, from an individual aspect, and the judiciary, from an institutional aspect, should on the one hand fight for their independence, and on the other hand, behave responsibly in the administration of justice.
Judges, as bearers of justice, have a key role in the legal system and ensuring legal certainty. Their independence is a basic pillar in the structure that should achieve the rule of law within national frameworks. However, this independence should not be limitless because all actors in society are responsible for their actions in the execution of their competences. From here, the independence of judges is a relative category, because in the system of justice its limit is precisely their responsibilities that can be determined within the framework of executing the judicial function, and which are the basis of professional and conscientious work.
The subject of analysis of this paper is the place of judicial authority in the system of division of power in the Republic of North Macedonia and the types of responsibility of its holders. The emphasis on responsibilities results from the need to protect judicial independence and freedom from undue pressure. Namely, the balance between the independence of judges and their responsibility is a key element for the integrity of the justice system.

Key words: judicial power, independence, immunity, bases of responsibility, sanctions.

Item Type:	Article
Subjects:	Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Nada Doneva
Date Deposited:	04 Oct 2024 10:42
Last Modified:	04 Oct 2024 10:42
URI:	https://eprints.ugd.edu.mk/id/eprint/34784

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