SOME LEGAL ASPECTS OF THE JUDICIAL PROCEDURE FOR PROTECTION AGAINST DISCRIMINATION

Agim Nuhiu Associate professor /University of Tetova

Ferat Polisi Associate professor /University of Tetovo

Abstract: We can still not talk about a case law in North Macedonia regarding judicial protection from discrimination. What can be concluded at this stage is the existence of raising the stance to determine the active legitimacy for initiating the procedure for judicial protection against discrimination to include certain institutions and entities which in their scope explicitly obstruct and protect against discrimination in both the public and private sectors.
It remains necessary to clearly define the figure of the damage that may be caused by the discriminatory action, for which a lawsuit for compensation of damage can be filed.
The creation of the case prima facie, the use of a comparator, the justification and the legitimate purpose, the use of statistical indicators are features of a civil judicial litigation for protection against discrimination.

Keywords: discrimination, court, law, lawsuit, judgment.