bt_a8w
Interim Activity Report

FINAL ACTIVITY REPORT
Ana Pavlovska-Daneva, Ph. D (Doctor Iuris)

1. Compiling and reviewing relevant literature
The first three months of research was used to visit all accessible libraries during my stay at Florida State University, USA. Throughout this period, the focus was on obtaining expert and scientific literature required for the project.
At the same time, I conducted numerous consultations, meetings, and interviews with professors from the Askew School of Public Administration and Policy at FSU, as well as with relevant practitioners who act as policy makers, on the policy-making theory and the practical performance of this activity in the real life of American society. Thereby, I succeeded in gaining an insight into the role and significance of public opinion, citizens' perceptions, lobby groups, NGOs and associations, and their overall influence on the policy making process, not only in a theoretical context, but also in real-life conditions.

2. Analysis of the Anglo-Saxon and European-Continental legal theory
The ensuing two months were dedicated to the scientific study of the two diametrical administrative-legal theories: the Anglo-Saxon and European-Continental. The Macedonian legal system is by far closer to European legislation, which is an indisputable and, from a number of aspects, justified fact, yet my research consisted of identifying the advantages and shortcomings of the two systems (particularly in terms of the administrative-judicial protection of citizens) and their eventually combined incorporation into Macedonian legislation.

3. Review of the existing legislation in the Republic of Macedonia and other regional countries
The final stage of this period was used to make a comparative analysis of the legislation in the area of administrative and administrative-judicial procedure in the Republic of Macedonia and a few regional countries: Bulgaria, Serbia and Montenegro, Croatia, and Slovenia. Apart from the relevant laws, the literature received from this project's group mentor (namely, books of which he is the author were consulted) during the first joint seminar held in Budapest in March, proved to be of great assistance in completing this segment.

4. Consultations and counseling
Upon returning to the Republic of Macedonia and until the end of the trials owing to the summer vacations, I embarked on consultations and interviews with individuals who could contribute to my research. They were: justices of the Supreme Court of the Republic of Macedonia (resolving administrative disputes is currently under their jurisdiction), judges of the Skopje Appellate Court (some of the existing proposals for reforming the judicial system of the Republic of Macedonia foresee the delegation of administrative disputes to the appellate courts), lawyers in the administrative bodies who had spent their entire professional experience dealing with administrative-legal matters, the Republic of Macedonia Public Defender (Ombudsman), senior state officials, as well as government officials, lawyers, and professors from the "Justinian I" Law School in Skopje.
My interlocutors articulated a variety of opinions on the subject of reforming the administrative and administrative-judicial procedure in the Republic of Macedonia, which represents a particular challenge for me, as a researcher.
During this time, what proved to be of special importance were the virtually daily consultations and exchanges of opinion with my individual mentor.

5. Participation in a workshop in Budapest organized by IFP.
The framework of the workshop consisted of idea exchange and presentation of results of conducted research. This workshop had a great influence for the shaping of the final version of my policy paper.

6. Towards the end of 2004, I began on intense preparations for the new Draft Law on Administrative Disputes, as a member of a work team for preparation of this Draft Law, appointed by (at the time) minister of justice. In the frame of my duties, I incorporated my ideas and conclusions I reached in the course of the preparation of my. research paper in the Draft Law. Thus, this Draft Law contains clauses for: expansion of the subject of administrative disputes, for in merit solving of cases by the court, introducing new institutes predicted in administrative-judicial protection, administrative contracts, rights of civil servant’s status and most importantly – clauses for the founding of a specialized Administrative court in the Republic of Macedonia.

7. The beginning months of year 2005 were used to hold public debates, expert counseling and media presentations in the purpose of acquainting all concerned stakeholders with the new solutions in the Draft Law on administrative disputes and the motives for their proposals. At the same time, all involved experts, worked on the necessary constitutional amendments that were to present a basis for adoption of legislation for judicial reforms. Deprived of amendments to the constitution, the founding of an Administrative court would be terminally impaired, because the constitution of the Republic of Macedonia adopted 1991, only predicts the existence of regular judiciary.

8. Publications
Based on some of the findings I came by during this period of project work, my doctoral thesis entitled "Administrative Contracts" was supplemented with certain proposals concerning the formation of a new administrative judiciary in the Republic of Macedonia, which would simultaneously represent a key proposal in the final policy paper and academic research that will stem from this project.

  • "Legal Protection in the Resolution of Disputes from the Public Procurement Contracts in the Republic of Macedonia: Civic or Administrative Legal Procedure?," almanac of papers in honor of Professor Mile Hadzivasilev, "Iustinianus Primus" Law School, Skopje, 2004;
  • „New Administrative-judicial protection in the Republic of Macedonia “,almanac of papers, Faculty of Law „Iustinianus Primus“, 2005;
  • Administrative judiciary in RM, informative publication, 2005.

 

[Home] [2004 FELLOWSHIP] [REPORTS] [Final Activity Rep.] [Final Research Pap.] [Policy Paper] [ABOUT ME]