After the concern about the impact of new pandemic viral infection on the availability and accessibility of healthcare services (including abortion and mental health), labour rights (including those of journalists), corruption, the rights of persons deprived of liberty and of the victims of human trafficking and exploitation, as well as the impact on gender equality, including through the expected increase in domestic violence, several days ago the (perhaps) anticipated, yet worth re-visiting, step came. Namely, North Macedonia derogated from the European Convention of Human Rights (ECHR) in relation to the state of emergency introduced as a result of the spreading of COVID-19.

This seems like a completely expected next step after the country declared a state of emergency. However, we do believe that it is important to bear in mind that the derogation significance, assessment and consequences will not only depend on how well-conceived and carried out the initial step – the submission of the notification about the derogation was, but also on all the other upcoming steps that the country would take from now on, until the day the derogation ceases. These would be the elements that the European Court of Human Rights (ECtHR) would focus on when reviewing the cases that will be submitted in connection to the measures that the states undertook or failed to undertake during the COVID-19 crisis. However, in addition, and equally important is the fact that this crisis will pose a new challenge for the domestic courts as well, as already indicated by the Fundamental Rights European Union Agency for Fundamental Rights (FRA); the domestic courts will need to assess the necessity and proportionality of the introduced measures in the cases related to these measures.

This analysis was prepared by the Institute for European Policy – Skopje (EPI) within the framework of the project “Engaging the Private Sector in Education on Entrepreneurship”, implemented in cooperation with the Youth Educational Forum (MOF), supported by the Centre for International Private Enterprise (CIPE).

1. The objectives of the project are the following:

i) To enhance the capacity of Macedonian youth to engage in entrepreneurship;
ii) To enhance the private sector’s role in entrepreneurship education among youth in North Macedonia;
iii) To amplify public support for policies that improve the economic conditions for youth in North Macedonia.

In light of the decision by the Ministers of EU Affairs to give a green light to opening of EU accession negotiations with North Macedonia, we prepared an infographic on the preparedness of North Macedonia for starting the EU accession negotiations compared to the other Western Balkan countries.

Take a look at the preparedness of North Macedonia in the cluster “Fundamentals” as well as the other clusters as defined in the new proposed methodology by the European Commission. North Macedonia is prepared for opening accession negotiations. In certain areas of the EU acquis, the country is well ahead in terms of preparedness compared to other WB countries.

Before the October 2019 EU Council meeting, the Bulgarian Government adopted a Framework position, confirmed with a Declaration by its Assembly. Though supportive of the opening of the accession negotiations, the position places new conditions on the Republic of North Macedonia, claiming that they derive from the 2017 Treaty on Friendship, Good Neighbourly Relations and Cooperation Between the Republic of Macedonia and the Republic of Bulgaria.

This document was followed by a Statement of the Bulgarian Government annexed to the Council conclusions of March 2020.

The European Policy Institute – Skopje published a policy brief analysing the Bulgarian conditions, compared to the bilateral Treaty. Furthermore, the Brief explores their possible impact, as well as the options for addressing the new challenges they pose for the EU accession of North Macedonia, focusing on the forthcoming negotiating framework, in view of the new enlargement methodology.

This policy analysis is an overview of North Macedonia’s efforts and of its cooperation with Frontex and EU Member States in countering illegal migration as of the migrant/refugee crisis in 2015. It elaborates the context of the issue, the legal framework and the contents of documents relevant to the Republic of North Macedonia, Frontex and EU Member States. The analysis has the following structure: an introduction, the cooperation between Republic of North Macedonia and Frontex, the Macedonian response to the migrant crisis and concluding remarks. The key takeaways from this research are as follows: The migrant/refugee crisis in 2015 could not have been dealt with actions taken solely by one country; instead the cooperation of Frontex, EU Member States and Western Balkan countries was crucial in applying a systematic approach in managing the flows of migrants along the Western Balkan Route. The achieved level of control of EU’s external borders was supported by substantive financial and technical resources provided by the EU, its agencies and EU Member States. The processes undertaken in North Macedonia seemed to be lacking transparency. The country was flexible in implementing measures related to border control, especially when relevant national authorities invited (EU) foreign police officers (border guards) to help manage the high influx of migrants/refugees at the country’s borders. The exact number of foreign police officers is unknown due to lack of information on the official website of the Ministry of the Interior. North Macedonia has harmonized the relevant legal framework and has adopted and implemented national documents. The capacities of relevant authorities have been strengthened with various EU and EU Member States funded actions; in addition, an Agreement of Cooperation between Frontex and North Macedonia was initialled. It is yet to be seen how this Agreement will be implemented as soon as it will have been ratified by the Macedonian Assembly.

This Shadow Report streamlines in a coherent unity all findings, conclusions and recommendations deriving from monitoring the areas covered by Chapter 23 -Judiciary and Fundamental Rights. This is the fifth Shadow Report published by the European Policy Institute-Skopje (EPI) while taking into consideration the comments and opinions of the 23 Network members. The previous four Shadow Reports cover the period from October 2014 to July 2015, then the period from July 2015 to April 2016, the period from May 2016 to January 2018 and the period from June 2018 to March 2019.

In the reporting period, despite the invested reform efforts and difficult steps it undertook, which include reaching the so-called Prespa Agreement and the Treaty of Good-Neighbourliness with the Republic of Bulgaria,  at the October 2019 European Summit, the Republic of North Macedonia was not granted a date for the start of EU accession talks. Albeit not following the same pace, the country continued to work on the reforms in following with the Council conclusions.  In March 2020, the EC published an Update on the country, in which it welcomed the judiciary reforms, while, inter alia, underlining that the country needs to focus on judicial reforms and proactive investigations, prosecutions and final convictions in corruption and organized crime cases, including at high level. Concerning judicial reforms, significant legislative steps have been taken to strengthen the independence of the judiciary. In this regard, North Macedonia stepped up the implementation of the reforms envisaged in the Judicial Sector Reform Strategy and action plan, addressing the earlier ‘Urgent Reform Priorities’, the recommendations of the Venice Commission, and of the Senior Experts’ Group on Systemic Rule of Law Issues. However, the Report notes that monitoring of the reforms is a priority at the highest level and there has been open dialogue with the European Commission and other partners to ensure the quality of adopted strategies and legislation. The Parliament of the Republic of North Macedonia dissolved in February 2020 in order for early general elections to be organized. However, due to the COVID-19 pandemic, on 18 March 2020, the President of the country adopted a Decision proclaiming a state of emergency on the entire territory of the country. According to Article 126 of the Constitution, in the course of the state of emergency, the Government may adopt Decrees with the force of law.

The new central independent body, the State Commission for the Prevention of Corruption (SCPC), which has a mandate to prevent and fight corruption,  has been particularly active in preventing corruption. In addition to the proactive work of the SCPC, the Republic of North Macedonia has comprehensively revised the legal framework for the prevention of corruption and conflict of interests, as well as for strengthening the powers of the SCPC. The Report underscores the need to ensure the increase of the budget and resources of the SCPC, in order to enable unimpeded and efficient fulfillment of tasks by the SCPC.

The legal framework addressing problems of certain vulnerable categories of citizens has been advanced. Yet, it remains to clarify and remedy certain inconsistencies featuring the legislative solutions contained in the Law on Social Protection and in the Law on Primary Education. Despite two attempts, in the reporting period, members of the Commission for the Prevention of and Protection against Discrimination were not appointed, which left citizens without this anti-discrimination protection mechanism. Hate crimes and especially hate speech were extensively present, which demands a proactive intervention and education of the population about dangers arising from these phenomena. In the reporting period, women were targets of attacks and insults by politicians, journalists, and by other persons. Furthermore, the LGBTI+ community and the Roma remain the most vulnerable categories, being much more affected by intersectional discrimination. It is necessary to advance the efforts for enforcement of ECtHR judgments and for the prevention of the so-called recurring cases being brought by persons from the country before the Strasbourg Court. In the reporting period, the Ministry of Justice improved the conditions in prisons and advanced the legal framework for personal data protection. Freedom of expression remains a challenge to be further tackled with; journalists still report that they are subjected to threats and pressures, while those working in investigative journalism, focusing on crime and corruption, lack sufficient resources and support in order to reveal high-profile corruption cases. Further reforms of the Public Broadcaster are needed, while the challenge of fake news and suspicious financing of internet-based media still prevails.

This Shadow Report has been prepared with an institutional grant of the European Policy Institute, funded under the CIVICA Mobilitas Programme.

After the concern about the impact of new pandemic viral infection on the availability and accessibility of healthcare services (including abortion and mental health), labour rights (including those of journalists), corruption, the rights of persons deprived of liberty and of the victims of human trafficking and exploitation, as well as the impact on gender equality, including through the expected increase in domestic violence, several days ago the (perhaps) anticipated, yet worth re-visiting, step came. Namely, North Macedonia derogated from the European Convention of Human Rights (ECHR) in relation to the state of emergency introduced as a result of the spreading of COVID-19.

This seems like a completely expected next step after the country declared a state of emergency. However, we do believe that it is important to bear in mind that the derogation significance, assessment and consequences will not only depend on how well-conceived and carried out the initial step – the submission of the notification about the derogation was, but also on all the other upcoming steps that the country would take from now on, until the day the derogation ceases. These would be the elements that the European Court of Human Rights (ECtHR) would focus on when reviewing the cases that will be submitted in connection to the measures that the states undertook or failed to undertake during the COVID-19 crisis. However, in addition, and equally important is the fact that this crisis will pose a new challenge for the domestic courts as well, as already indicated by the Fundamental Rights European Union Agency for Fundamental Rights (FRA); the domestic courts will need to assess the necessity and proportionality of the introduced measures in the cases related to these measures.

This analysis was prepared by the Institute for European Policy – Skopje (EPI) within the framework of the project “Engaging the Private Sector in Education on Entrepreneurship”, implemented in cooperation with the Youth Educational Forum (MOF), supported by the Centre for International Private Enterprise (CIPE).

1. The objectives of the project are the following:

i) To enhance the capacity of Macedonian youth to engage in entrepreneurship;
ii) To enhance the private sector’s role in entrepreneurship education among youth in North Macedonia;
iii) To amplify public support for policies that improve the economic conditions for youth in North Macedonia.

In light of the decision by the Ministers of EU Affairs to give a green light to opening of EU accession negotiations with North Macedonia, we prepared an infographic on the preparedness of North Macedonia for starting the EU accession negotiations compared to the other Western Balkan countries.

Take a look at the preparedness of North Macedonia in the cluster “Fundamentals” as well as the other clusters as defined in the new proposed methodology by the European Commission. North Macedonia is prepared for opening accession negotiations. In certain areas of the EU acquis, the country is well ahead in terms of preparedness compared to other WB countries.

Before the October 2019 EU Council meeting, the Bulgarian Government adopted a Framework position, confirmed with a Declaration by its Assembly. Though supportive of the opening of the accession negotiations, the position places new conditions on the Republic of North Macedonia, claiming that they derive from the 2017 Treaty on Friendship, Good Neighbourly Relations and Cooperation Between the Republic of Macedonia and the Republic of Bulgaria.

This document was followed by a Statement of the Bulgarian Government annexed to the Council conclusions of March 2020.

The European Policy Institute – Skopje published a policy brief analysing the Bulgarian conditions, compared to the bilateral Treaty. Furthermore, the Brief explores their possible impact, as well as the options for addressing the new challenges they pose for the EU accession of North Macedonia, focusing on the forthcoming negotiating framework, in view of the new enlargement methodology.

This policy analysis is an overview of North Macedonia’s efforts and of its cooperation with Frontex and EU Member States in countering illegal migration as of the migrant/refugee crisis in 2015. It elaborates the context of the issue, the legal framework and the contents of documents relevant to the Republic of North Macedonia, Frontex and EU Member States. The analysis has the following structure: an introduction, the cooperation between Republic of North Macedonia and Frontex, the Macedonian response to the migrant crisis and concluding remarks. The key takeaways from this research are as follows: The migrant/refugee crisis in 2015 could not have been dealt with actions taken solely by one country; instead the cooperation of Frontex, EU Member States and Western Balkan countries was crucial in applying a systematic approach in managing the flows of migrants along the Western Balkan Route. The achieved level of control of EU’s external borders was supported by substantive financial and technical resources provided by the EU, its agencies and EU Member States. The processes undertaken in North Macedonia seemed to be lacking transparency. The country was flexible in implementing measures related to border control, especially when relevant national authorities invited (EU) foreign police officers (border guards) to help manage the high influx of migrants/refugees at the country’s borders. The exact number of foreign police officers is unknown due to lack of information on the official website of the Ministry of the Interior. North Macedonia has harmonized the relevant legal framework and has adopted and implemented national documents. The capacities of relevant authorities have been strengthened with various EU and EU Member States funded actions; in addition, an Agreement of Cooperation between Frontex and North Macedonia was initialled. It is yet to be seen how this Agreement will be implemented as soon as it will have been ratified by the Macedonian Assembly.

This Shadow Report streamlines in a coherent unity all findings, conclusions and recommendations deriving from monitoring the areas covered by Chapter 23 -Judiciary and Fundamental Rights. This is the fifth Shadow Report published by the European Policy Institute-Skopje (EPI) while taking into consideration the comments and opinions of the 23 Network members. The previous four Shadow Reports cover the period from October 2014 to July 2015, then the period from July 2015 to April 2016, the period from May 2016 to January 2018 and the period from June 2018 to March 2019.

In the reporting period, despite the invested reform efforts and difficult steps it undertook, which include reaching the so-called Prespa Agreement and the Treaty of Good-Neighbourliness with the Republic of Bulgaria,  at the October 2019 European Summit, the Republic of North Macedonia was not granted a date for the start of EU accession talks. Albeit not following the same pace, the country continued to work on the reforms in following with the Council conclusions.  In March 2020, the EC published an Update on the country, in which it welcomed the judiciary reforms, while, inter alia, underlining that the country needs to focus on judicial reforms and proactive investigations, prosecutions and final convictions in corruption and organized crime cases, including at high level. Concerning judicial reforms, significant legislative steps have been taken to strengthen the independence of the judiciary. In this regard, North Macedonia stepped up the implementation of the reforms envisaged in the Judicial Sector Reform Strategy and action plan, addressing the earlier ‘Urgent Reform Priorities’, the recommendations of the Venice Commission, and of the Senior Experts’ Group on Systemic Rule of Law Issues. However, the Report notes that monitoring of the reforms is a priority at the highest level and there has been open dialogue with the European Commission and other partners to ensure the quality of adopted strategies and legislation. The Parliament of the Republic of North Macedonia dissolved in February 2020 in order for early general elections to be organized. However, due to the COVID-19 pandemic, on 18 March 2020, the President of the country adopted a Decision proclaiming a state of emergency on the entire territory of the country. According to Article 126 of the Constitution, in the course of the state of emergency, the Government may adopt Decrees with the force of law.

The new central independent body, the State Commission for the Prevention of Corruption (SCPC), which has a mandate to prevent and fight corruption,  has been particularly active in preventing corruption. In addition to the proactive work of the SCPC, the Republic of North Macedonia has comprehensively revised the legal framework for the prevention of corruption and conflict of interests, as well as for strengthening the powers of the SCPC. The Report underscores the need to ensure the increase of the budget and resources of the SCPC, in order to enable unimpeded and efficient fulfillment of tasks by the SCPC.

The legal framework addressing problems of certain vulnerable categories of citizens has been advanced. Yet, it remains to clarify and remedy certain inconsistencies featuring the legislative solutions contained in the Law on Social Protection and in the Law on Primary Education. Despite two attempts, in the reporting period, members of the Commission for the Prevention of and Protection against Discrimination were not appointed, which left citizens without this anti-discrimination protection mechanism. Hate crimes and especially hate speech were extensively present, which demands a proactive intervention and education of the population about dangers arising from these phenomena. In the reporting period, women were targets of attacks and insults by politicians, journalists, and by other persons. Furthermore, the LGBTI+ community and the Roma remain the most vulnerable categories, being much more affected by intersectional discrimination. It is necessary to advance the efforts for enforcement of ECtHR judgments and for the prevention of the so-called recurring cases being brought by persons from the country before the Strasbourg Court. In the reporting period, the Ministry of Justice improved the conditions in prisons and advanced the legal framework for personal data protection. Freedom of expression remains a challenge to be further tackled with; journalists still report that they are subjected to threats and pressures, while those working in investigative journalism, focusing on crime and corruption, lack sufficient resources and support in order to reveal high-profile corruption cases. Further reforms of the Public Broadcaster are needed, while the challenge of fake news and suspicious financing of internet-based media still prevails.

This Shadow Report has been prepared with an institutional grant of the European Policy Institute, funded under the CIVICA Mobilitas Programme.