Harmonization of North Macedonia’s Criminal Legislation and Constitutional Framework with EU Standards in Combating Transnational Organized Crime

The fight against transnational organized crime represents a significant challenge for the Republic of North Macedonia as it strives to align its legal framework with the standards and requirements of the European Union. As part of its efforts to achieve full EU membership, North Macedonia must demonstrate substantial progress in adopting and implementing legal measures aimed at combating organized crime, following the EU acquis.
Transnational organized crime, by its very nature, poses a complex threat that transcends national borders, necessitating a coordinated and harmonized legal response. This paper aims to analyze North Macedonia’s criminal legislation and constitutional framework concerning the prevention, investigation, and prosecution of transnational organized crime, with particular emphasis on harmonization with European Union standards. The analysis is conducted within the broader framework of the EU accession process, focusing on Chapter 23 – Justice and Fundamental Rights and Chapter 24 – Justice, Freedom, and Security. Recent developments, including the controversial amendments to the Criminal Code of 7 September 2023, the crisis within the Judicial Council, ethical dilemmas in the justice system, and concerns regarding the effectiveness of public prosecutors' offices, are critically examined.
The study will also examine the constitutional principles that underpin the fight against organized crime, including the rule of law, protection of fundamental rights, and the separation of powers. Additionally, the paper will explore how these principles are reconciled with the need for effective law enforcement and international cooperation. Ultimately, the paper seeks to identify potential gaps in the current legal framework and provide recommendations for further harmonization with EU standards, thereby enhancing North Macedonia’s capacity to combat transnational organized crime.
The study aims to provide a comprehensive understanding of the challenges and opportunities facing North Macedonia in its pursuit of EU integration, with particular regard to the alignment of its criminal legislation and constitutional framework with EU standards for combating transnational organized crime. Recommendations are provided to enhance compliance with EU requirements and promote greater institutional accountability, transparency, and professionalism within the justice and security sectors.
The methodology employed in this paper involves a doctrinal legal analysis, focusing on the relevant constitutional provisions, criminal legislation, international conventions, and reports of the European Commission, to identify potential gaps and areas for improvement.
Keywords: transnational organized crime, Criminal Code, Constitution, EU, North Macedonia.