Judicial Implementation and Monitoring Challenges of Fundamental Rights in North Macedonia’s Path Towards European Integration

North Macedonia, as a candidate country for accession to the European Union, is progressively aligning its legal framework with EU law through the ongoing accession process, which began in 2005. The fundamental rights are an integral part of the general principles of EU law, as guaranteed by art. 6, para. 3 of the Treaty on European Union. This is especially relevant given that judicial independence and the right to a fair trial are core pillars of fundamental rights, the non-negotiable values in the EU accession process and key components of the “Copenhagen Criteria” concerning the rule of law and human rights. The European Commission's annual reports from the past three years (2022–2024) highlight the significant challenges North Macedonia faces in effectively implementing and monitoring fundamental rights, underlining that judicial independence is not merely a legal principle, but a practical and structural issue. This paper provides a detailed analysis of the gap between formal standards and actual practice, emphasizing that good legislation alone is insufficient without effective monitoring tools. To gain a more complete picture in the context of fundamental rights, the paper examines how European law is applied by national courts by focusing on the case Mitrinovski v. North Macedonia. This case illustrates that the lack of effective judicial safeguards and independent oversight mechanisms continues to undermine the enforcement of fundamental rights, despite formal legal alignment with EU standards. The outcome reflects the ongoing challenges and underscores the need for strengthened institutional capacity and the development of transparent, rights-based monitoring systems as essential foundations for credible alignment with the EU Charter of Fundamental Rights and core EU values.

Authors

Publication Details

Journal
Goce Delchev University Repository (Goce Delčev University of Štip)
Published
2025-10-02
Primary Topic
European Union Policy and Governance
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Judicial Implementation and Monitoring Challenges of Fundamental Rights in North Macedonia’s Path Towards European Integration

Elena Trajkovska Elena Trajkovska
Goce Delchev University Repository (Goce Delčev University of Štip)
European Union Policy and Governance
article

Judicial Implementation and Monitoring Challenges of Fundamental Rights in North Macedonia’s Path Towards European Integration

Elena Trajkovska Elena Trajkovska
article en

Abstract

North Macedonia, as a candidate country for accession to the European Union, is progressively aligning its legal framework with EU law through the ongoing accession process, which began in 2005. The fundamental rights are an integral part of the general principles of EU law, as guaranteed by art. 6, para. 3 of the Treaty on European Union. This is especially relevant given that judicial independence and the right to a fair trial are core pillars of fundamental rights, the non-negotiable values in the EU accession process and key components of the “Copenhagen Criteria” concerning the rule of law and human rights. The European Commission's annual reports from the past three years (2022–2024) highlight the significant challenges North Macedonia faces in effectively implementing and monitoring fundamental rights, underlining that judicial independence is not merely a legal principle, but a practical and structural issue. This paper provides a detailed analysis of the gap between formal standards and actual practice, emphasizing that good legislation alone is insufficient without effective monitoring tools. To gain a more complete picture in the context of fundamental rights, the paper examines how European law is applied by national courts by focusing on the case Mitrinovski v. North Macedonia. This case illustrates that the lack of effective judicial safeguards and independent oversight mechanisms continues to undermine the enforcement of fundamental rights, despite formal legal alignment with EU standards. The outcome reflects the ongoing challenges and underscores the need for strengthened institutional capacity and the development of transparent, rights-based monitoring systems as essential foundations for credible alignment with the EU Charter of Fundamental Rights and core EU values.

Goce Delchev University Repository (Goce Delčev University of Štip)
Peace, Justice and strong institutions
Openalex Percentile: Top 13%
European Union Policy and Governance
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Judicial Implementation and Monitoring Challenges of Fundamental Rights in North Macedonia’s Path Towards European Integration — Elena Trajkovska Elena Trajkovska · Goce Delchev University Repository (Goce Delčev University of Štip) (2025) | TGRS Research Map | TGRS