What type of study is this?

September 10, 2025

The Role of the Procedural Principles During the Enforcement Actions in the Republic of North Macedonia

Key Points

Procedural principles drive enforcement actions, emphasizing speed, legality, and debtor protection, which is crucial for balancing interests.
Improvements in procedural speed have been noted in North Macedonia, particularly since 2005, with some periods showing exceptions.
The rising number of cases lasting over a year highlights challenges in the enforcement system, needing urgent reforms for efficiency.
Procedural expenses pose obstacles, calling for legislative changes to improve bailiff compensation and support debtor rights.

Abstract

There are specific procedural principles imposed by the state legal system. Due to the legal regulation and ranking of the principles, it is possible to determine which elements in the enforcement process are most prioritized. Bailiffs and other procedural subjects are guided by procedural principles. In RNM, with the entry into force of the laws that transformed the enforcement system, various implications were reflected in terms of procedural principles. The legislator's intent was focused on procedural speed, efficiency, and formal procedural legality, with special emphasis on the protection of the violated right to the extent that it did not affect the debtor's economic existence. There is a consensus among all of the authors that procedural principles are the inspiration for the contents of procedural actions, and any reform or change must be approached and analyzed seriously. There have been positive developments in RNM in terms of procedural speed since 2005 up until 2023, with some small exceptions during the time period 2019-2020. There are a majority of cases lasting more than a year (39293 cases), followed by cases lasting three months, which are also considered successful. The debtor's preparation period for fulfilling the debt is longer in comparison to neighboring enforcement systems. We can also say that from 2018 onwards, we have a pretty big drop in the overall percentage of enforcement cases in RMV, which reflects the stagnation that is being suffered from the impossibility of fulfillment and from other factors, which are evident in our country. As far as the protection of the parties in the procedure is concerned, we can say that there are enough progressive situations for both the debtor and their families. There are obvious obstacles in relation to procedural expenses, which in this year's report of the Bailiffs Chamber, it was declared that it will be a priority to apply legal changes that will revise the Tariff for reward and compensation for the bailiffs’ work.

اسأل الذكاء الاصطناعي

Bookmark