Competition law nowadays is becoming an increasingly important branch of law in the global society. The development of the global market, new technologies, and innovation requires a quick and effective response from the competition authorities in order to maintain effective competition on the market; thus to protect the consumers.
Competition law in the European Union has been a core competency since its foundation. The European Commission plays a central role in the development of competition policy and the enforcement of EU competition law. In order to protect effective competition in the single market, the Commission has faced the challenges of the dynamic market; thus responding quickly and effectively to the new conditions created by the development of industries, new technologies and global society.
In Macedonia, the development of competition is strongly influenced by the EU competition law. The entire competition law system is based on EU rules and standards.
This paper provides an analysis of national competition law vis-à-vis EU competition law, with a focus on merger control as one of the mechanisms for effective competition protection. Since there is a lack of academic discussion on the topic in Macedonia and in order to see where we stand and in which direction our national competition law goes, this paper will elaborate on competition policy and competition law in relation to merger control in particular.
In addition to the theoretical approach, the paper provides an analysis of merger control by the competition authorities in Macedonia and the European Union as well. This analysis provides an opportunity to draw conclusions and recommendations regarding the approach, policy and dedication to market mergers and acquisitions.
The European comparative perspective, both in terms of legislation and in its enforcement of competition law, provides relevant data on how much legislation is in place and in what direction merger control in Macedonia is going, in relation to EU merger control trends.
Finally, this paper makes a modest contribution to understanding the concept of protection from harmful concentrations, the level of development of competition law and competition policy in Macedonia.
The idea of the paper is to determine how the free legal aid system is an effective mechanism for ensuring equal access to justice for all citizens in the Republic of Macedonia. The paper includes an analysis of the existing system and an overview of the use and availability of free legal aid to those who need it. The right to access to justice is one of the fundamental human rights. The state is the one that has the main role in the realization of the obligation for respecting, protecting and exercising human rights, which involves the establishment of an efficient system of free legal aid. Such a system aims to ensure equal access of citizens to the institutions of the system. The right to free legal aid is provided by persons who, due to their material status, could not exercise the rights guaranteed by the Constitution and the law, without compromising their own maintenance and support of the members of their family living in a common household. Access to legal aid is part of the right to a fair trial, arising from Article 6 of the ECHR. Article 6 paragraph 3c on minimum rights in criminal cases ensures provision of free legal aid when the interests of justice so required. Hence, in addition to domestic legislation, the paper also analysies the international conventions that guarantee the right to access to justice and presents different approaches and practices for providing free legal aid. At the same time, it deals with defining the system's shortcomings in providing efficient and effective access to justice for all citizens.
Идејата на трудот е да утврди колку системот на бесплатна правна помош е ефикасен механизам за обезбедување на еднаков пристап до правда на сите граѓани во Република Македонија. Трудот опфаќа анализа на постоечкиот систем и преглед на користењето и достапноста до бесплатна правна помош на оние на кои им е потребна.Правото на пристап до правдата е едно од основните човекови права. Државата е таа која ја има главната улога во реализација на обврската за почитување, заштита и остварување на човековите права, кое вклучува воспоставување ефикасен систем на бесплатна правна помош. Ваквиот систем има за цел да обезбеди еднаков пристап на граѓаните до институциите на системот.Право на бесплатна правна помош имаат лицата кои, со оглед на својата материјална положба, не би можеле да ги остварат со Устав и закон загарантираните права, без да го загрозат сопственото издржување и издржувањето на членовите на своето семејство со кои живеат во заедничко домаќинство.Пристапот до правна помош е дел од правото на правична судска постапка, што произлегува од членот 6 од ЕКЧП. Членот 6 став 3в за минималните права во кривичните случаи пропишува обезбедување на бесплатна правна помош кога тоа го наложуваат интересите на правдата.Оттука, покрај домашното законодавство, трудот ги проучува и меѓународните конвенции кои го гарантираат правото на пристап до правда и презентира различни ставови и практики за обезбедување на бесплатна правна помош. Истовремено се занимава и со утврдување на недостатоците на системот во обезбедување на ефикасен и ефективен пристап до правда за сите граѓани.
A new cost-effective, simple, and reproducible chemical method for the visualization of latent fingerprints on unfired cartridge cases and also on flat metal surfaces (made of zinc-plated steel. stainless steel, lead. copper. and aluminum) has been designed. This chemical method is based on a deposition of potassium birnessite on the uncontaminated metal surface in the valleys between the fingerprint ridges. The chemical deposition is performed by successive immersion (dip coating) of the cartridge cases into aqueous solutions of manganese (II) chloride and potassium permanganate. The deposited material is examined with x-ray powder diffraction analysis, and the visualization of the fingerprints is characterized on the first, second, and third level with high-resolution photography. This research was carried out on samples of 30 unfired cartridge cases of different calibers and different origins and on 5 different metal surfaces, resulting in the visualization of the latent fingerprints with very good contrast. The designed method is applicable for forensic investigations.
This study expresses the criticism of recently enacted Law in determining the type and in measuring the severity of sentence. There is flagrant restriction of the free judicial belief due to the necessity in overcoming identified inconsistency in sentencing policy. The judicial system is not resistant to both internal and external pressures and influences. However, those problems cannot be overcome by massive fragmentation of the Criminal Code of the Republic of Macedonia, wide ranges of the sanctions, and by administrative proceedings in the determination of the sanction. New Macedonian law has created mandatory guidelines for every criminal offence by emphasizing previous conviction as the most important circumstances. This is contrary to several Council of Europe recommendations. The authors emphasise that the binding character of the sentencing guidelines should be avoided. According to them, only free judicial belief within the statutory penal framework can ensure the rule of the law and equity.
Despite the positive trends achieved in the last few years, high unemployment is still one of the worst indicators of the success of the applied macroeconomic and social policy of the state from independence until today. The indicators for the degree of unemployment among young people up to 29 years old (the age immediately after formal education) are particularly unfavorable. Unemployment in these years is one of the main reasons for young people leaving abroad. The motive is clear - employment is sought. The employment of young people in the homeland will reduce the trend of emigration, but it will also positively affect several segments of the socioeconomic life in the country.
To encourage the employment of young people from 15 to 29 years old, the state applies several measures and policies, and one of them is the subsidized employment of unemployed young people up to 29 years old through the regime of exemption from social contributions.
Encouraged by the initial results of this measure, the new Action Plan for the employment of young people for the period 2016-2020 foresees its extension. For now, this has not been translated into a specific legislative framework. The new Action Plan for the employment of young people for the period 2016-2020 (pages 26 and 33) provides for the extension of the measure after 2016 with the following parameters: planned employment of 3,000 people aged 15 to 29 and a budget in the amount of 2,040 .000 euros. The effects of the planned measures and policy for the employment of young people up to 29 years of age will depend on the successful implementation of the overall planned measures for the socioeconomic development of the country.
The subject of our interest is the measure for the subsidized employment of unemployed young people up to 29 years old through the form of exemption from paying contributions, by the defined legal provisions.
The subject analysis of costs and benefits aims to evaluate the costs and benefits of the implementation of the measure “Subsidized employment of unemployed young people up to 29 years old” through exemption from contributions.
The measure is part of the state's policy to reduce unemployment and is governed by provisions of the Law on Employment and Unemployment Insurance (Articles 98-b and 98-c), which have limited application from March 2014 to March 2016.
The analysis is structured in an introduction and eight main sections:
1. Trends
2. Legal framework
3. Terms and conditions for using the measure
4. Facts about the measure
5. Cost-benefit analysis
6. Qualitative analysis
7. Conclusion
8. Recommendations