SOME LEGAL ASPECTS OF THE JUDICIAL PROCEDURE FOR PROTECTION AGAINST DISCRIMINATION

Abstract

We can still not talk about a case law in Northern 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 proceedings for judicial protection of discrimination to decide both the institution and the subject that will be done in their scope in order to express that has the prevention and protection from discrimination in both the
public and private sectors.
It remains and must be clearly defined and the damaged figure that can be caused by the discriminatory action, for those who can be sued for damages.
The creation of the case prima facie, the use of a comparison, the justification and the legitimate purpose, the use of statistical indicators are characteristic of a civil litigation for protection against discrimination.