The harmonisation of judicial practice in the Western Balkans in line with the case law of the European Convention on Human Rights (ECHR) and the European Court of Human Rights (ECtHR) judgements, constitutes a key priority for the justice actors and local stakeholders in the region, in their sustainable efforts to strengthen the rule of law and advance their European perspective.
This was concluded during a two-day regional (hybrid) conference on “Harmonisation of judicial practice: length of proceedings – standards and case law” organised today in Skopje by the Supreme Court of the Republic of North Macedonia in co-operation with the joint European Union and the Council of Europe action “Initiative for Legal Certainty in the Western Balkans”.
The Conference brought together representatives from the supreme, constitutional and appellate courts from Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, North Macedonia and Serbia, as well as judges and lawyers of the European Court of Human Rights and Council of Europe experts on the subject matter.
In his opening remarks, Christophe Poirel - Human Rights Director of the Council of Europe’s Directorate General Human Rights and Rule of Law recalled William Ewart Gladstone’s legal maxim that “Justice delayed is justice denied”. He added that this platform for the exchange of ideas and practices on a very important and relevant topic such as length of proceedings, was a result of succesful co-operation with the Supreme Court of North Macedonia.
David Geer, Ambassador of the European Union to the Republic of North Macedonia underlined that efficiency and professionalism are not only essential to the delivery of justice, they are critical to the credibility and standing of the entire legal system. “To gain public trust, the judiciary and procuracy must ensure the efficiency of the judicial system while respecting core values. But they cannot do it alone. Support from the professions, government, parliament, academia & partnerships with civil society & the media are needed”, he concluded his opening remarks.
Besa Ademi, President of the Supreme Court of North Macedonia emphasised that for the Supreme Court, the priority is to establish an efficient judicial system that ensures the protection of basic human rights and freedoms, including the right to a fair trial within a reasonable time, in order to restore citizens' trust in the domestic judiciary.
The event was a unique opportunity for judicial stakeholders from the Western Balkans Beneficiaries to discuss important challenges related to the protection of the right to a trial within reasonable time in the context of the Article 6 of the European Convention of Human Rights and relevant case-law of the European Court of Human Rights. They shed light on domestic approaches related to the effective remedies for excessive length of proceedings, but also on specific challenges concerning the domestic practice, including the proceedings on restitution of property and non-enforcement of judicial decisions.
The event was organised within the action “Initiative for Legal Certainty in the Western Balkans”, implemented in the framework of the joint programme of the European Union and Council of Europe “Horizontal Facility for Western Balkans and Turkey-Phase 2019-2022” that enables Beneficiaries to meet their reform agendas in the fields of human rights, rule of law and democracy and to comply with the European standards, including where relevant within the framework of the EU enlargement process.