North Macedonia has proven that it lacks the capacity to act institutionally regarding the fight against high-level corruption. Therefore, experts in the country emphasize the need for a legal inclusion of the criminal prosecution of individuals on the US and UK blacklists.<\/p>\n
These reactions follow the decision of the Macedonian Government on January 16 to amend the Law on Restrictive Measures, with authorities stating that inclusion on the US and UK blacklists serves as the basis for sanctions by North Macedonian institutions.<\/p>\n
The proposed legal changes have already been processed in the Parliament, and as Macedonian Prime Minister Dimitar Kova\u010devski has emphasized, they are expected to be approved before the dissolution of the legislature, specifically before the presidential and parliamentary elections in spring.<\/p>\n
The legal changes regarding the criminal prosecution of individuals on the US blacklist have received harsh criticism from the international community, especially the United States, for the failure to combat high-level corruption effectively.<\/p>\n
Senior US officials have stated that they do not wish to comment on the law but want to see concrete results in the fight against high-level corruption.<\/p>\n
\u201cWe consider those who abuse public trust for personal gain to be responsible. I suppose that institutional and legislative reforms that increase transparency and strengthen the fight against corruption will be welcomed not only by the international community but also by all citizens of North Macedonia,\u201d said US Ambassador to Skopje Angela Aggeler to Radio Free Europe.<\/p>\n
Meanwhile, Assistant Secretary of State for European and Eurasian Affairs James O\u2019Brien, during his visit to Skopje on Monday, emphasized that he expects authorities to use all available mechanisms that will yield results in the fight against corruption.<\/p>\n
\u201cIt is a tool of a larger strategy. What we want to see is people getting used to using all the tools at their disposal to fight corruption and to maintain that commitment when the new government is formed,\u201d O\u2019Brien stressed during his stay in Skopje.<\/p>\n
Why are changes to the Restrictive Measures Law necessary?<\/strong><\/p>\n Legal experts argue that the inaction of institutions necessitates the approval of legal changes for the prosecution of individuals on the blacklist.<\/p>\n Qebir Avziu, lecturer in criminal law at Tetovo University and former senior official at the Ministry of Internal Affairs, told RFE that North Macedonia, as a state, has its mechanisms for criminal prosecution, such as the prosecutor\u2019s office and the police, which should initiate legal proceedings against law violators. He finds it peculiar why this should be done based on the US blacklist directive and not in accordance with existing laws.<\/p>\n \u201cI see the approval of the law as a kind of patronage of the government towards the international factor in this case the United States and Great Britain. I do not know of any other country in the world that acts based on the (US) blacklist. It would be reasonable for all evidence that other states have with criminal acts to be handed over to the authorities of North Macedonia, specifically public security, and to start their prosecution. International legal assistance can intensify the investigative process,\u201d Avziu assesses.<\/p>\n On the other hand, Vasko Naumovski, professor of international law and former ambassador to the United States, says that the proposed changes will contribute to opening up larger possibilities for results. However, he expresses doubts about whether these possibilities created by legal changes will be exploited by the justice system to imprison those involved in corruption.<\/p>\n \u201cOne of the deficiencies present in our judicial institutions is the influence that politics has on them and the inability to act judicially without pressure from political parties in power. What these legal changes can regulate are the negative consequences that individuals or legal entities will bear based on the investigation results that other states have achieved, not our institutions,\u201d says Naumovski.<\/p>\n When should individuals involved in the US blacklist resign from the political scene?<\/strong><\/p>\n Dilemmas remain about whether individuals on the blacklist should resign from public positions and when they should be removed from office as long as there is no final judgment.<\/p>\n \u201cThe public prosecutor, based on this law, is obliged to immediately initiate an investigative procedure, and if this investigative procedure concludes with the filing of charges, then the bearer of the public function must temporarily step down from duty until a final judicial decision. But if it is a legal entity, then that entity cannot participate in public procurements,\u201d Minister Bujar Osmani emphasized to journalists.<\/p>\n However, Justice Minister Krenar Lloga, unlike most Government members, defends the stance that existing laws should not be changed, and there is no need for a new law to combat crime and corruption.<\/p>\n The Ministry of Justice believes that what is proposed with the changes can be resolved with the existing law on international cooperation in criminal proceedings.<\/p>\n Meanwhile, the Public Prosecutor\u2019s Office of North Macedonia has not commented on the political officials\u2019 positions for or against changes to the Restrictive Measures Law.<\/p>\n However, if this law is approved, they have said they will implement it, specifically opening cases for individuals on the US and UK blacklists.<\/p>\n Who is on the US blacklist?<\/strong><\/p>\n The latest addition to the US blacklist was former Deputy Prime Minister for Economic Affairs Ko\u00e7o Angjushev, a businessman for whom US investigators found that he abused the position of deputy prime minister for his private and business interests.<\/p>\n Earlier, Mayor of Struga Ramiz Merko was included in the US blacklist, for whom the Macedonian Public Prosecutor\u2019s Office had initiated an investigation into several criminal offenses, but they remained without a judicial conclusion.<\/p>\n The US blacklist also includes the former director of the secret police, Sasho Mijalkov, former Prime Minister Nikola Gruevski, businessman Jordan Orce Kamchev, and a Russian businessman operating in North Macedonia, Sergej Samsonenko.<\/p>\n After the armed conflict in 2002, the leader of the Democratic Party of Albanians, Menduh Tha\u00e7i, was also placed on this list, and he has been a deputy in the North Macedonian Parliament for several mandates.<\/p>\n","protected":false},"excerpt":{"rendered":" North Macedonia has proven that it lacks the capacity to act institutionally regarding the fight against high-level corruption. Therefore, experts in the country emphasize the need for a legal inclusion of the criminal prosecution of individuals on the US and UK blacklists. These reactions follow the decision of the Macedonian Government on January 16 to […]<\/p>\n","protected":false},"author":24,"featured_media":59562,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[164],"tags":[497,243,151,505,298,5910,490,3493],"acf":[],"yoast_head":"\n