The network for protection against discrimination organized the roundtable event ‘Discrimination as a basis for court dispute in the rules of procedure’, in order to discuss possible solutions with all parties involved in the course of increasing the accessibility to court verdicts on discrimination which will in turn increase the transparency in court operating, it will increase the possibilities of monitoring the ongoing state and creating adequate promotion policies.
Justiciary sector representatives, lawyers, journalists, students, representatives of the Commission for Protection against Discrimination, as well as representatives of the civil society organizations operating in the field of discrimination took part in the event.
Kire Milovski , program coordinator at the Foundation Open Society – Macedonia emphasized the need of effective transparency of court verdicts, which means simple browsing, availability and punctual announcing. He also noted that although the centralized portal www.sud.mk is being represented as a functional basis for court verdicts of all courts with the possibility of browsing, court verdicts for protection against discrimination cannot be browsed by discrimination basis, forms and types of discrimination and other data. This is of crucial importance and it is a burden in the possibility for data analysis and for the analysis of the judicial practice itself in the field of discrimination.
Aleksandra Cvetanovska the president of the Macedonian Young Lawyers’ Association presented the public policies document ‘Accessibility of court verdicts in the field of protection against discrimination in the Republic of North Macedonia’ prepared within the framework of the Network for Protection against Discrimination. She noted the fact that the absence of a specific way of noting verdicts on discrimination, and the fact that they are being noted according to different bases, do not make it possible to have an easy access to them. She also presented possible solutions through alterations of the rules of procedure, based on the recommendations of the public policies document.
The lawyer Tamara Slaveska Apostolovski, a representative of the Bar Association, spoke about the accessibility to court verdicts as a state’s duty. Slaveska Apostolovski emphasized that transparency is extremely important, especially when it comes to inspection regarding different bases of discrimination. According to her, it is necessary that the Rules of procedure introduces a special sign regarding the discrimination cases. This will not only increase their visibility in public, but it will also enable larger access to justice of the marginalized communities. Additionally, separating these cases would also mean opening an educational possibility of judges’ expertise in the field of discrimination.
Senior associate for negotiations, integration and monitoring at the European Union Sector and a Ministry of Justice representative, Marija Brindevska ги запозна присутните со работењето на Работната група за работа на измените на Судскиот деловник и нивните досегашни забелешки и предлози кои се вградени во деловникот. Таа напомена дека во извештаите на Министерството за правда се истакнати проблемите во врска со означувањето на предметите по основи на дискриминација. Бриндевска забележа дека работната група засега нема установено мислење поврзано со решавање на овој проблем, но дека се подготвени да го работат на решение и повика на доставување на предлози и на вклучување на соработници во процесот.
The journalists present at the event asked questions on increasing transparency of court procedures. Marija Brindevska emphasized that there are alterations which apply to courts’ transparency, increased accessibility to hearings, the content which is announced on courts’ websites, and a significant novelty is also the introduction of a registry which will contain the data of people in charge of public relations and spokespersons. The Association of journalists of Macedonia suggested issuing a standardized biography, photography and a operating e-mail address of every judge. Additionally, Brindevska explained that according to the Plan of priority activities of judiciary digitalization for 2021, the following components are included: alterations in the legislative regarding introducing the concept of digitalization and trial via internet, providing equipment for courtrooms for online trials, issuing criminal record certificates and other services for the citizens, upgrading of the ACCMIS system (Automated Court Case Management Information System) etc.
Vesna Bendevska, president of the Commission for Protection against Discrimination stated that the Commission would like to be part of the operating body regarding the alterations of the Rules of procedure. She emphasized that the Commission ought to establish cooperation with the judiciary in exercising its competence regarding data collection and data analysis in the field of discrimination and regarding exchange of information for the ongoing cases. Bendevska also asked for specific noting of the offence proceeding cases initiated for discrimination.
The Network for Protection against Discrimination submitted the suggestions on increasing the accessibility of verdicts of cases on discrimination to the operating group for the alteration in the rules of procedure, asking for a studious deliberation and remains open for participation in the creative process of finding a mutual solution which will contribute to increased visibility, transparency, but also to advanced legal security in the field of legal protection against discrimination, as well as complete application of the new Law on prevention and protection against discrimination which provides individual lawsuit and public interest lawsuit (actio popularis), and also including the new suggested alterations of the Law on litigation procedure which recognize the discrimination disputes as individual disputes.
Contact person:
Maja Atanasova – 070 522 445 Margarita Gligurovska – 077 953 787
Маргарита Глигуровска – 077 953 787