1. Republic of Macedonia Reduction of backlog and enforcement cases Sarajevo, 13-14 November 2012

2. Judiciary in the Republic of Macedonia(1991-2012) Development of judiciary system in Macedonia: - Until 1996 (first phase) - Until 2006 (second phase) - 2006-2010 (third phase) - 2010 until now - Implementing the judicial reform laws adopted in 2010

3. Legal background Judicial reform 2010 - reform laws were adopted incorporating the best European practices, solutions and standards: Law on Academy of judges and public prosecutors Law amending the Law on the Courts Law amending the Law on the Judicial Council of the Republic of Macedonia Law amending the Law on the judicial budget Law amending the Law on judicial service Law amending the Law on administrative disputes Law amending the Law on civil procedure (Law on Litigation) Law on criminal procedure Law on Expert Evidence Law on Assessment The Law on Management of Court Cases - Automated Court Cases Management Information System (ACCMIS)

4. Court system at the Republic of Macedonia (The Law on Courts) Supreme court of the Republic of Macedonia Higher administrative court (2011) Administrative court 4 appellate courts 27 basic courts (first instance courts)

5. Court system at the Republic of Macedonia (The Law on Courts) 25 First instance courts of general jurisdiction 3 specialized Courts: - Administrative court; - criminal court for the territory of Skopje (Basic Court Skopje 1); - civil court for the territory of Skopje (Basic Court Skopje 2). New High Administrative Court * Number of courts at all - 34 Courts (geographic locations, 1st instance courts of general jurisdiction, first instance specialized courts, all second instance courts and courts of appeal and all supreme courts)

6. Aims of judiciary reform 2010 Improving of the legislative framework in order to further strengthen the independence of the judiciary and increase its efficiency Taking out of the courts misdemeanors with typical administrative character and transferring administrative disputes from Supreme Court to Administrative and Higher administrative Court All enforcement cases from the courts are obligatory transferred to the enforcement agents (from 1 July 2011 until 31 December 2011). Also, with the reform of judiciary from 1 July 2011 payment orders that are not disputable were transferred to the notaries.

7. Aims of judiciary reform 2010 legal procedure with objective and measurable criteria for monitoring and evaluation of the work of judges use of automated computer system to manage court cases; respect for legal deadlines for procedural action, as well as for the adoption, producing and publishing the court decisions; establishing of Taskforce to manage the case flow through the court, which proposes measures to prevent and reduce the backlog of cases, regulates the modalities of publication of court decisions on the web-site of the court. The role of court – quality procedure for disputable cases and need for relief from the courts uncontested cases

8. Enforcement of court decisions Execution of decisions in civil matters - enforcement agents (bailiffs) Execution of decisions in criminal matters - Judge (for execution of sanctions) - Directorate for Public Revenues - responsible for execution of fines in criminal and misdemeanor cases (With the amendments on the Law on tax procedure from 2010)

9. Enforcement agents From 2006 in Macedonia was introduced system of enforcement by the enforcement agents practicing as private professionals under the authority (control) of public authorities persons who perform public authorizations determined by law, out of the Courts, appointed according to the provisions of the Law, who decide directly on the actions to be taken, within their authorizations, in order to carry out the enforcement decision and take up the enforcement actions. Profession of enforcement agents is organized by a national body (The Chamber of enforcement Agents) Ministry of justice and The Chamber of enforcement Agents are responsible for supervising and monitoring enforcement agents - The Ministry of Justice performs regular supervision and extraordinary supervision of the work of enforcement agents and the Chamber of enforcement Agents Party or participant in the execution made by enforcement agents has right to submit objection for irregularities in execution to the president of the competent court and to submit appeal against decision of the president of the court.

10. Enforcement agents The Ministry of Justice forms the quality standards through the Law on enforcement and secondary legislation envisaged by the Law. During the enforcement, the enforcement agents are obliged to act immediately, to deal with the cases in the order in which they were received, efficiently and lawfully. In January 2011 the Chamber of Enforcement Agents adopted a new Tariff List for Fees and Compensation of other Costs related to the Work of Enforcement Agents reducing them by 32,1 % compared to the previous tariff According to the analyses on enforcement of final decisions, the rate of enforced decisions in continuously growing; the rate of enforced cases for 2007 was 40%, for 2008 it was 47%, in 2009 it was 50%, while in 2010 the rate of enforced decisions was 54%.

11. Backlog in courts Criminal cases Civil cases Administrative cases Enforcement cases

12. Civil cases Law on civil procedure (9.09.2011) - strengthens the legal certainty and contributes towards more efficient and more economical operation of courts, reducing the duration of procedures and creating more business-friendly climate. Most important developments in the law are the mandatory preparatory hearing, specified deadlines for procedural actions, increased quality of writs, introduced alternative dispute resolution modalities – mediation; improved system of service of writs and electronic service; introduced audio recording of hearings, by which the audio recording becomes an integral part of the court case.

13. Enforcement cases Old enforcement cases (passive cases) Transfer of enforcement cases from the courts to the notaries and enforcement agents started at July 1, 2011. -Total number of enforcement cases before courts in Republic of Macedonia was 402.272 cases. - Until December 31, 2011 the creditors which started the procedure for enforcement before the courts until 26 May 2006, if they want to continue the procedure of forced enforcement, they are obliged to access the court within six months, where they shall deliberate on the continuation of the started procedures for enforcement.

14. Notaries private professionals under the authority (control) of public authorities notaries have duties to certify the authenticity of legal deeds and certificates payment orders and legacy procedure Notary Chamber and ministry of justice supervising and monitoring notaries Main reform in the field of notary is that they have competence to deal with payment orders and legacy procedure that are non – disputable

15. EFFECTIVENESS OF THE JUDICIARY – STATISTICAL INDICATORS 2006-2010 (I) 2010-2012 (II)

16. The inflow of new cases at the end of the first half of 2010, compared to the same period in 2006, is decreased for 103766 cases or 21% The inflow of new cases in the first half of 2010 is overcame, 392491 are received, 561120 are solved, i.e. 168629 more cases are solved, i.e. 43% The number of unsolved cases at the end of the first half of 2010 compared to the same period in 2006 is decreased for 429146 cases, i.e. 46 % EFFECTIVENESS OF THE JUDICIARY – STATISTICAL INDICATORS I

17. The number of unsolved cases at the end of the first half of 2009 and 2010 is decreased for 171543 cases, i.e. 25% while the number of solved cases is increased and over 255858 cases are solved, i.e. 84% With regard to the work of the courts, it is evident from the data for 2010 that they are diligent and effective due to the constant decrease of the inflow of new cases which is at 21%, the higher number of cases that are solved, i.e. 43%, and the number of unsolved cases that is decreased for 46% in comparison to 2006.

18. STATISTICAL INDICATORS II – case flow through courts Starting from the recommendations of the European Commission and the Council of Europe, the non-disputed cases such as inheritance cases, payment orders issued on the basis of a valid document (non paid bills for electricity, bills form communal services, etc.), enforcement cases which are in the courts and the forced payment of fines in criminal and misdemeanor cases, are omitted from court competence and are transferred to the competence of the notaries, the enforcement agents, i.e. the Directorate for Public Revenues.

19. STATISTICAL INDICATORS II – case flow through courts As a reuslt of the implemented reform activities, it is evident that there is an increase in the efficiency of the court. The concrete statistical indicators show that the total number of the disputed cases in procedure in the Basic courts in the Republic of Macedonia on July 1, 2011 was 123.204 cases, which is a decrease for 491.805 cases or about 5 times less than the previous period, of which payment orders are 36.824, enforcement cases are 402.272, enforcement criminal fines 8.697, executive misdemeanor 34.013 and inheritance 9.999 cases. In accordance to the legal provisions, the listed cases are no longer in court competence and the biggest number of the mentioned cases (payment orders and enforcement cases) are transffered to the notaries, i.e. the enforcement agents in the period July 1, 2011 to December 31, 2011.

20. In the area of efficiency of the judiciary, a successful part of the reform is the transfer of forced payment of fines for criminal acts and misdimeanors in the courts to the Directorat for Public Revenues. On the basis of this ground, as of November 1, 2010 the Directorate for Public Revenues has received these types of cases on which the Directorate for Public Revenues acts. At the same time, the inheritance cases are transffered to the competence of notaries

21. STATISTICAL INDICATORS II – case flow through courts With the implementation of the mentioned activities, in the courts of the Republic of Macedonia, only 123.204 disputed civil, criminal, commercial, bankruptcy and other kinds of cases. At the end of the first six months in 2011, the number of cases in procedure in the courts of the Republic of Macedonia is 146.933 cases of which: -basic courts – 123204 cases - appellate courts - 7800 cases - Administrative Court – 12932 cases - Supreme Court of the Republic of Macedonia – 2997 cases

22. STATISTICAL INDICATORS II – case flow through courts For the period from 01.01.2010 to 01.12.2010, the total number of inheritance cases assigned by the court to act on notaries is 13409. The total number of inheritance cases completed with effective Decisions is 9450 or 66% were solved. Considering the situation analysis of the actions of notaries in inheritance cases as trustees of the court in the Republic of Macedonia can be concluded that its implementation is positive, with an indication of greater involvement of notaries for successful completion of probate cases assigned.

23. Reduce of number of court cases (2010-2011) (all courts in Republic of Macedonia) The number of solved cases in 2011 compared with 2010 is increased for 6,3%. The inflow of new cases in 2011 compared to the 2010, is decreased for 119061 cases or 17.4% As a result of transfer of cases to notaries, enforcement agents and Directorat for Public Revenues, number of unsolved cases in 2011 compared to 2010, is degreased for 463841 cases or 68,4%.

24. Comparison of court cases (first half 2011- first half 2012) The inflow of new cases in this period in 2012 compared to the period in 2011, is decreased for 112540 cases or 36.8% At basic courts – unsolved cases are reduced for 447847 or 72.8 % (as a result of transfer of enforcement cases to enforcement agents and payment orders to notaries)

25. Number of enforcement requests to enforcement agents The total number of enforcement requests, which were submitted to enforcement agents in the course of 2007, 2008, 2009, 2010 and 2011 intil 10.06.2011, is 222.272 enforcement requests, of which a total of 110.685 cases are enforced, hence, the total number of active case for enforcement on which the enforcement agents were currently acting was 111.587. In 2011 enforcement agents received 78.232 enforcement requests and realized 31.979 or 41%. In 2011, the number is 30000 cases less than 2010.

26. Transfer of old court cases (2012) In 2012, the transfer of around 120.000 old cases from courts to enforcement agents and notaries will be made successively In courts, submission of 329.106 requires for transfer not submitted requests for 89.250 court cases From 329.106 requests: - 177.118 court cases will be transferred to enforcement agents - 112.515 court case will be transferred to notaries - 39.473 – in next phase will be known their transfer (notary or enforcement agents) At the period from 1 of July 2011 to 31 December 2011 8825 court cases are transferred from courts to enforcement agents

27. Methodology For the implementation of the European Commission recommendation for establishing unified court statistics, a Methodology for the keeping of a unified statistics was prepared, on the basis of the (Gojust) guidelines in the framework of the European Commission for efficiency of justice (CEPEI). The Methodology contains a framework for gathering, analysis and processing of statistical data in the cases in the courts. It contains a methodological intrumentarium for gathering, analysis and processions of statistical data for the number of received and resolved cases in the courts, the duration of the procedure for all types of cases, the duration od the procedure in all kinds of cases, the duration of the procedure in all the phases of all kinds of cases, sanctions pronounced for the perpetrators of criminal acts on grounds, pronounced confiscation measures, pronounced santions for legal entities, data for the backlog of cases in the courts, structure of the perpetrators of criminal acts, etc

28. Thank you for your attention Slavica Zherajikj Advisor for courts Ministry of justice of the Republic of Macedonia Address: Str. “Dimitrie Cuposki” 9 1000 Skopje, Republic of Macedonia phone: + 389 2 3106- 518 mobile: + 389 71 221- 052 e-mail: szerajik@mjustice.gov.mk slavica.zerajik@yahoo.com web site: www.justice.gov.mkszerajik@mjustice.gov.mkslavica.zerajik@yahoo.com