Participation of Foreign Nationals in Civil Proceedings: Legal Frameworks and Practical Experiences in Selected Legal Systems

The legal system of the Republic of North Macedonia is founded on the principles of equality and equal treatment, ensuring equal access to justice for all individuals.
The legislation establishes a clear point of departure for the courts: as a general rule, foreign nationals enjoy the same rights as domestic citizens.
This means that every judge must proceed from the presumption of equality. Any deviation from this principle (such as the obligation of cautio judicatum solvi) must be interpreted restrictively and applied only when all statutory requirements have been fulfilled, and only after all possible exceptions have been duly examined. Positive judicial practice would imply that the court does not require the foreign party to prove the existence of equal rights; rather, the burden rests upon the opposing party to demonstrate why, in the specific case, an exception to the principle of equality should be applied.
Nevertheless, certain obstacles may arise in practice, particularly regarding language barriers; however, these are addressed through the provision of interpretation and translation services.
Although the Macedonian legal framework formally guarantees equal access to civil courts, foreign nationals may, in practice, encounter a range of challenges, particularly linguistic, financial, and procedural. Although these challenges do not preclude access to justice, they may undermine its effectiveness, thereby highlighting the need to further strengthen mechanisms for the practical protection of rights.