ADVANTAGES AND DISADVANTAGES OF THE ADMINISTRATIVE DISPUTE IN THE MACEDONIAN LEGAL SISTEM

Andon Majhosev, PhD Associate Professor /Faculty of Law, University of Goce Delchev

Jadranka Denkova PhD Associate Professor /Faculty of Law, Goce Delcev University in Stip

Strashko Stojanovski Associate Professor /Faculty of Law, Goce Delcev University in Stip

Abstract: In the past period, weaknesses of certain solutions have been identified in the previous Law on Administrative Disputes, which made more difficult or slowed down the work of the Administrative Court for efficient judicial protection. The disadvantages are the absence of a public hearing to determine the factual situation, infrequent application of resolving a dispute with full jurisdiction, delay in delivery, etc ..For that reason, the Law on Administrative Dispute was revised and amended in order to increase the efficiency of the civil service. The purpose of this paper is to analyze the latest amendments to the Law on Administrative Dispute, (adopted in 2019), their significance functionality and practical application. In particular. Law on Administrative Dispute. The main emphasis of the paper is to see how these principles apply and how they affect the efficiency of the Administrative Court. In addition, other innovations will be analyzed in the Law on Administrative Dispute, which are aimed at improving the efficiency of the administrative judiciary. The conclusion is that the legislator’s commitment is to harmonize the administrative judiciary in Macedonia with the principles in the European administrative system. The applicability of some provisions will ensure efficiency in the judiciary, but in general we cannot agree that the scope of work and efficiency of the Administrative Judiciary will be reduced. Although the lawmaker seeks to increase efficiency in the correspondence between the first-instance administrative bodies of the administration and the administrative court, time is still wasted waiting for the original documents relevant to the hearing.
Keywords: Administrative Dispute, Dispute Resolution, Administration, Administrative Court, Administrative Judiciary