THE PLACE OF THE JUDICIAL AUTHORITY IN THE SYSTEM OF DIVISION OF POWER  IN THE REPUBLIC OF NORTH MACEDONIA AND RESPONSIBILITY OF JUDGES

DOI: https://doi.org/10.46763/SCGW24114d

Keywords: judicial power, independence, immunity, bases of responsibility, sanctions.

The judicial power in the system of division of powers is the one that holds the balance between the

legislative and executive power. Because of the power of the last two governments, the judiciary in the

European - continental system, and hence also in the Macedonian law, constantly leads a „constitutional

struggle“ for its independence. Because of this, the judge, from an individual aspect, and the judiciary, from

an institutional aspect, should on the one hand fight for their independence, and on the other hand, behave

responsibly in the administration of justice.

Judges, as bearers of justice, have a key role in the legal system and ensuring legal certainty. Their

independence is a basic pillar in the structure that should achieve the rule of law within national frameworks.

However, this independence should not be limitless because all actors in society are responsible for their

actions in the execution of their competences. From here, the independence of judges is a relative category,

because in the system of justice its limit is precisely their responsibilities that can be determined within the

framework of executing the judicial function, and which are the basis of professional and conscientious

work.

The subject of analysis of this paper is the place of judicial authority in the system of division of power in

the Republic of North Macedonia and the types of responsibility of its holders. The emphasis on

responsibilities results from the need to protect judicial independence and freedom from undue pressure.

Namely, the balance between the independence of judges and their responsibility is a key element for the

integrity of the justice system.

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