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Evrodijalog No.5

Evrodijalog No.5

Contents

Tatjana PETRUSEVSKA

WHAT KIND OF CONSTITUTION EUROPE NEEDS?


Borce DAVITKOVSKI

NEW LEGAL BASE FOR THE PUBLIC SECTOR REFORM


Iskra ACIMOVSKA - MALETIC

THE FRAMEWORK AGREEMENT - A BASE FOR THE NEW OMBUDSMAN LEGISLATION


Aleksandra MAKSIMOVSKA - VELJANOVSKI

THE EUROPEAN VALUE ADDED TAX IN THE REPUBLIC OF MACEDONIA


Ace MINOSKI

PROCEDURES FOR ADJUSTMENT OF THE BUDGET OF THE EUROPEAN UNION


Mile MILENKOVSKI

AN EFFECTIVE CONTROL OF THE MACEDONIAN BORDERS: PRECONDITION OF EU INTEGRATION


Dejan MICKOVIK

PARENTAL RIGHTS AFTER THE DIVORCE IN THE EU COUNTRIES


Neda MILEVSKA

THE CHALLENGES FOR THE PUBLIC HEALTH IN EUROPE


Cvetko MOMCILOVSKI

EUROPE SEARCHING FOR ITS OWN IDENTITY


Biljana MICEVSKA - JOSIFOVSKA

APPLICANT COUNTRIES INSTITUTIONS IN SUPPORT OF EU INTEGRATION


Summary

WHAT KIND OF CONSTITUTION EUROPE NEEDS?

[Tatjana PETRUSEVSKA]

Five decades of economic, political and military unification of Europe made it a global power par exellance. Debates on the models on how to improve its functioning in the future culminated in the recent months with the question – Does Europe needs a constitution? For the author of this article, the answer is by no other means positive. Besides this, the author offers an answers for the several other questions: what kind of constitution Europe needs in order to satisfy the coming challenges, does the Convent as a new method of work overpasses the weaknesses of the traditional intergovernmental model (insisting on the selfish national interests, being preoccupied with the parts instead with the whole), will this act help in facing the challenges of the first and than the second circle of EU enlargement, etc.?

(full text - Macedonian only)


NEW LEGAL BASE FOR THE PUBLIC SECTOR REFORM

[Borce DAVITKOVSKI]

In the light of the forthcoming reform, the author of this article refers to the need of detailed research of the number of employees in the public administration, their effectiveness, the number of the necessary positions within the public sector departments etc. According to the author, the necessary analysis has not been done, so it is not clear to which extent the number of employees especially in the health care, education, state administration should increase or decrease. The article states that there is an over employment in the public sector, that the wages of the public administration are below the minimum of what is necessary to provide sufficient living standard, that the public administration is ineffective etc. However, it also points out that until now, within the country there has been no survey or analysis that will offer appropriate solution for the problem.

Therefore, the author makes a plea towards a comprehensive analysis of the public sector’s present condition, so to be able to begin with conceptualization of the reform of the Macedonian public administration.

(full text - Macedonian only)


THE FRAMEWORK AGREEMENT - A BASE FOR THE NEW OMBUDSMAN LEGISLATION

[Iskra ACIMOVSKA-MALETIC]

The democratization of our society as well as the signing of Stabilization and Association Agreement with the European Union are the positive impulses that are emphasizing the issues such as human rights protection, as one of the basic values of the democratic society. In that sense, the position of the Ombudsman has been actualized, as a kind of mediator between the citizens and the state administration, in terms of protection of the constitutional and legal rights of the citizens. At the same time, it can be also seen as a mechanism of control of the functioning of the state administration.

In strengthening the Ombudsman’s position, the Framework Agreement signed in 2001 has been of great significance. As it is expected under the Agreement’s provisions particular changes in Macedonian legislation to happen, the author of this article analyses the implications of the up-to-date function of the Ombudsman in the national political and legal system, as well as the means and the mechanism of its improvement.

(full text - Macedonian only)


THE EUROPEAN VALUE ADDED TAX IN THE REPUBLIC OF MACEDONIA

[Aleksandra MAKSIMOVSKA - VELJANOVSKI]

This essay analyses the Value Added Tax from several aspects. First, the reasons for its implementation in EU and the historical development and problems of VAT harmonization; second, the reasons for Macedonian decision for VAT implementation; third, differences between the EU and Macedonian VAT through analysis of the most specific characteristics. At the end, the author underlines the recent changes of the tax rate and gives argument against that decision. After descriptive explanation of the differences, there is a conclusion that the Macedonian VAT (due to the tax rates) - has “better EU look” than some VAT systems of the EU members.

(full text - Macedonian only)


PROCEDURES FOR ADJUSTMENT OF THE BUDGET OF THE EUROPEAN UNION

[Ace MINOSKI]

This article should create a vision about the responsibility in creation of an institution such as the Budget of the European Union. Its building takes almost a year, while the focus must be put on every point. The budgetary procedures are analyzing every point, as it is very important for the Europeans how their money are spent and where every euro goes. In its creation the Budget needs the support of the Council of the European Union and the European Parliament - the institutions saying yes or no at the end of the budgetary procedures.

The procedure does not end here, since the budget has to be controlled during the entire year. Certainly, at the end of this period the report has to be made on how and for which purposes the money have been spent.

It might be of great importance, the author suggest, these procedures to be referred in the process of creation of the Budget of Republic of Macedonia, including its execution and control.

(full text - Macedonian only)


AN EFFECTIVE CONTROL OF THE MACEDONIAN BORDERS: PRECONDITION OF EU INTEGRATION

[Mile MILENKOVSKI]

Apart from the changes of the fundamental legislation and basic laws, in terms of their adjustment to the need for quick integration into European processes, the author of this article emphasizes another task the Republic of Macedonia has to fulfill – consequential harmonization of the national legislation with those of EU in the sector of border control and security, known as Schengen Acquis.

The control of the borders is in the national jurisdiction regulated by the national law. However, it has to refer to the common EU rules, taking into account the interests of all Schengen states. In that sense, the author states that it is not possible to face the challenges of the future, without having professional and well organized security systems along the whole national border.

(full text - Macedonian only)


PARENTAL RIGHTS AFTER THE DIVORCE IN THE EU COUNTRIES

[Dejan MICKOVIK]

In this article the author makes an analysis of the new legislation in the EU countries in regard to the parental rights after the divorce. Historically, the children were given in custody to the parent not being responsible for the divorce. Later on, with the liberalization of the divorce, the courts were giving the custody to the parent being able to provide better standard of living, as well as better personal care.

With the most recent legal reforms, the contemporary European legislation prefer the system which provides both parents with responsibility and right to take care of the children after the divorce. According to the author of this article, bearing in mind the number of divorce cases in Europe, this system offers the best solutions for the rights and interests of the children after the divorce.

(full text - Macedonian only)


THE CHALLENGES FOR THE PUBLIC HEALTH IN EUROPE

[Neda MILEVSKA]

Although it represents one region in the World Health Organization (WHO), the European Region of WHO includes some of the world’s richest countries, while others are extremely poor. The economic development is a very important indicator of health, since there have been some pieces of evidence about the relation between health of the nation and the socio-economic status, social conditions and political trends. In Central and Eastern Europe, the transformation of the health sector took different pathway in each country, but three distinguished patterns are recognizable. In Western Europe, the two major types of health care systems are undergoing health reforms that require taking into consideration not only the national, but also the supra-national structures of the European Union, as well as the necessity for unification of the existing health systems in the EU countries. One of the major challenges of the European health sector is the forthcoming enlargement of the EU, which would mean not only facing the existing, but also the health, financial and organizational problems of the health sectors in the new member states.

(full text - Macedonian only)


EUROPE SEARCHING FOR ITS OWN IDENTITY

[Cvetko MOMCILOVSKI]

While the countries in Europe were dividing themselves through ideology of communism versus capitalism, after the year 1989 and the fall of the Berlin wall, that ideology has been replaced by a new one placed in differences in civilizations. Now the political struggle inside the countries is happening between democrats and totalitarians, but the main political agenda in Europe is that the walls that were separating the same nations, same or very close religions have vanished and will be replaced by the new invisible ones dividing the nations that belong in the different cultures, opposite religions and identities. The Republic of Macedonia is on the move to show the new approach of multiethnicity and multiculturalism really happening according to the Ohrid Framework Agreement.

(full text - Macedonian only)


APPLICANT COUNTRIES INSTITUTIONS IN SUPPORT OF EU INTEGRATION

[Biljana MICEVSKA-JOSIFOVSKA]

The process of Macedonia’s accession towards European Union puts on table the issue of creation of new ministry or agency to deal with it. Intensified debates about EU integration have one of their focuses on the institutional framework of such a body that will provide the best possible response to the number of tasks which are coming.

This article offers a review of the various organizational and structural models created by the administrations of the Central and Eastern European countries - applicants which applied or have been invited to join the European Union. Those institutions or organizations created to facilitate the process of integration have begun upon the implementation of the European Agreement. Eleven candidate countries and their institutions have been reviewed, as well as the countries that are going to become EU members by 2004.

(full text - Macedonian only)


Editorial Board

List of involved authors