North Macedonia, as a candidate country for accession to the European Union, is progressively aligning its legal framework with EU law through the ongoing accession process, which began in 2005. The fundamental rights are an integral part of the general principles of EU law, as guaranteed by art. 6, para. 3 of the Treaty on European Union. This is especially relevant given that judicial independence and the right to a fair trial are core pillars of fundamental rights, the non-negotiable values in the EU accession process and key components of the “Copenhagen Criteria” concerning the rule of law and human rights. The European Commission's annual reports from the past three years (2022–2024) highlight the significant challenges North Macedonia faces in effectively implementing and monitoring fundamental rights, underlining that judicial independence is not merely a legal principle, but a practical and structural issue. This paper provides a detailed analysis of the gap between formal standards and actual practice, emphasizing that good legislation alone is insufficient without effective monitoring tools. To gain a more complete picture in the context of fundamental rights, the paper examines how European law is applied by national courts by focusing on the case Mitrinovski v. North Macedonia. This case illustrates that the lack of effective judicial safeguards and independent oversight mechanisms continues to undermine the enforcement of fundamental rights, despite formal legal alignment with EU standards. The outcome reflects the ongoing challenges and underscores the need for strengthened institutional capacity and the development of transparent, rights-based monitoring systems as essential foundations for credible alignment with the EU Charter of Fundamental Rights and core EU values.
Elena Trajkovska Elena Trajkovska (Thu,) studied this question.