STANDARDIZATION OF MACEDONIAN’S JUDICIAL PRACTICE WITH THE ECTHR JURISPRUDENCE

The role of the Strasbourg Court acquires controlling dimension in the application of human rights. Measures taken at national level, should provide effective domestic remedies, to strengthen the national legal order and to bring it closer to compliance with the European Convention on Human Rights (ECHR) and the legal practice of the Court. Macedonia amended the Law on Courts in 2008, and accepted a very significant solution, thus enabling direct application of the ECHR case-law by the Supreme Court of the Republic of Macedonia, when deciding on trials within a reasonable time. However, should be keep in mind that the Committee of the Ministers, in 2004 already, noted that Convention is integral part of the national law in totality of the States Parties. The consequences of this integration are of primary importance in the context of Macedonian’s judicial practice. Thus, a fundamental question which arises today consists in knowing if the national judge can really apply not only Convention but also the decisions of the Court, if necessary with the detriment of the contrary national law. In this respect, I took note with the country experiences where the decisions of the Court are applied directly by national authorities, the Macedonian legal system and in this context the needs of judicial reforms.