Judiciary – North Macedonia Anti Corruption Institutional Framework

Specialized Courts:

– Department for Organized Crime and Corruption, Criminal Court Skopje – click for more information

Level of Independence

– Permanence: established by Law on Courts 927/2018

– Appointment: elected by Judicial Council

(1) If the judge is appointed or elected as member of the Judicial Council of the Republic ofMacedonia or as judge to an international court, judge to the Constitutional Court or director of the Academy for Training of Judges and Public Prosecutors, his/her judicial office shall be in abeyance for the time of performance of the duty he/she is appointed to, that is, elected for.
(2) After the expiry of the term of office for which he/she is appointed for, the judge shall have the right to return to the court he/she has left in order to perform the other duty.

– Removal:

(1) The judicial office of a judge shall terminate upon:
– personal request,
– permanent loss of the ability to exercise the judicial office, confirmed by the Judicial Council of the
Republic of Macedonia,
– turning 64 years old,
– election or appointment to another public office, except when the judicial office is in abeyance
under conditions defined by law, and
– conviction for a crime by a legally valid court verdict to an unconditional imprisonment sentence of
minimum six months.
(2) The Judicial Council of the Republic of Macedonia shall establish termination of the judicial office
in the cases referred to in paragraph (1) of this Article.
(3) As of the day of termination of the judicial office, established by the Judicial Council of the
Republic of Macedonia on the grounds referred to in paragraph (1) of this Article, the judge’s right to
salary shall cease.

-Dismissal:

(1) The judge shall be dismissed from the judicial office:
– due to serious disciplinary offence that makes him/her discreditable to exercise the judicial office
prescribed by law and

– due to unprofessional and neglectful exercise of the judicial office under the conditions defined by
law.
(2) Decision on dismissal of the judge shall be adopted by the Judicial Council of the Republic of
Macedonia.
(3) As of the day of entry into force of the decision on dismissal of the judge by the Judicial Council of
the Republic of Macedonia on the grounds referred to in paragraph (1) of this Article, the judge’s
right to salary shall cease.

– Immunity: Yes

(1) In the exercise of the judicial office, the judges shall enjoy immunity.
(2) A judge cannot be held criminally liable for a stated opinion and manner of deciding during the
adoption of a court decision.
(3) A judge cannot be taken in without an approval from the Judicial Council of the Republic of
Macedonia, unless caught in commission of a crime for which an imprisonment sentence in duration
of at least five years is foreseen.
(4) The Judicial Council of the Republic of Macedonia shall decide upon revocation of the immunity
of judges.
(5) The procedure for deciding about revocation of a judge’s immunity shall be urgent.

– Financial Autonomy: budget adopted in standard procedure