SDSM promised, but still hasn’t formed specialized Commercial courts
PROMISE: SPECIALIZED COMMERCIAL COURTS
Many investors complain about the time-consuming court rulings and quality thereof. To improve the business climate and guarantee legal security of the ones that create jobs, we shall ask for a wider support in the Parliament in order to form specialized commercial courts. They will be rapid, independent and with greater expertise.
[Source: Program of SDSM for the snap general elections in 2016 “Plan for Life in Macedonia”, page 31 and 258]
In the program for the snap general elections in 2016, SDSM promised to improve the business climate by, among other, forming specialized commercial courts. But, notwithstanding the promise that these commercial courts will become reality in two years after taking office, so far (5 February 2019) this promise is far from being fulfilled.
The need of special commercial courts in charge of disputes arising from business operations emanated from the time-consuming dispute resolution on the part of the courts, to which businesspersons complain.
Though it’s been more than a year and a half since the Government was elected, there is no information whatsoever that a certain piece of legislation is being drafted or planned to be amended so commercial courts could be formed. There’s no announcement that text of a new law is being drawn up while the Strategy on Judicial Reforms 2017-2022 doesn’t incorporate courts of the said type.
Formation of such court doesn’t form part of the Plan 18, with which the key judicial reforms mentioned in Priebe’s report as well as the court system reforms, which are supposed to be implemented before the country has started the EU accession talks, are already postponed.
The Macedonian Chambers of Commerce told Truthmeter that they have no information about an initiative for creating legislation on forming commercial courts.
SDSM’s Government has less than four months to fulfill this promise, which is not enough time for even initiating the procedure to pass the adequate law. In addition, elections will take place in the upcoming period, hence some of Government’s activities will be put on hold. Given that the judicial reform process offers no information as to whether the commercial courts issue has been tackled, this promise made by SDSM remains unfulfilled.
- Program of SDSM for the snap general elections in 2016 „План за живот во Македонија“, page 258 [Accessed on 5 February 2019]
- Government of the RM : План 18 [Accessed on 5 February 2019]
- Ministry of Justice Стратегии Нацрт стратегија за реформа на правосудниот систем 2017-2022 година [Accessed on 5 February 2019]
- Akademik (2 May 2018): Interview with professors Koevski and Spasevski: Трговските судови како решение за брзо и ефикасно решавање на трговските спорови [Accessed on 5 February 2019]
Assessed by: Rada Isovska-Manevska