REOPENING OF CIVIL PROCEEDINGS FOLLOWINGA JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS IN REPUBLIC OF NORTH MACEDONIA

Stoileva, Zorica and Gorgieva, Dijana (2021) REOPENING OF CIVIL PROCEEDINGS FOLLOWINGA JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS IN REPUBLIC OF NORTH MACEDONIA. International Journal of Legal Sciences, 9 (15-16). pp. 108-114. ISSN 2545-4927

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Abstract

The reopening of civil proceedings is an extraordinary legal remedy, which is made after the national court decision has become final on grounds specifically provided in the Law on civil proceedings. The Republic of North Macedonia successful implementation of the Recommendation No. R (2000) 2 of the Committee of Ministers to member states on the reexamination or reopening of certain cases at domestic level following judgments of the European Court of Human Right in the new Law on civil proceedings adopted in 2005, in article 400, provided the opportunity to reopen civil proceedings following a final judgment of the European Court of Human Right when the European Court of Human Rights confirmed a violation of certain human right or of fundamental freedoms guaranteed in the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols, ratified by the Republic of North Macedonia. The objective of this paper is to analyze the reopening of civil proceedings following a judgment of the European Court of Human Rights in Republic of North Macedonia, according to the Law on civil proceedings, as a means of ensuring restitution in integrum, to clarify the scope of the obligation to adopt such a measure, its implementation in the practice of the courts and its limitations.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculty of Law, Arts and Social Sciences > School of Law
Depositing User: Unnamed user with email zshi@unite.edu.mk
Date Deposited: 22 Sep 2021 07:48
Last Modified: 22 Sep 2021 07:48
URI: http://eprints.unite.edu.mk/id/eprint/746

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