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REQUEST FOR INITIATION OF PROCEDURE TO DETERMINE THE RESPONSIBILITY OF A JUDGE!
On 09 February 2024, the President of The Federation of Trade Unions of Macedonia Slobodan Trendafilov accompanied by the Presidents of the affiliated trade unions held a press conference in front of the Judicial Council of The Republic of North Macedonia. The main reason for this press conference was to announce to the public that The Federation of Trade Unions of Macedonia, following the judgment of The Supreme Court of The Republic of North Macedonia decided to initiate a procedure to determine the responsibility of the judges who were part of the judicial council and who voted in favor of the confiscation of the property owned by the Federation.
“By passing this shameful verdict for the confiscation of the Workers’ Home, the three judges Naqe, Shpend and Isamedin who voted in favor, do not deserve to be called judges. It’s obvious that they deliberately and in unjustifiable way made a major professional mistake that has serious and severe consequences, and that is why they are not worthy of further exercise of the judicial function” emphasized Trendafilov.
For these reasons, the Petitioner or The Federation of Trade Unions of Macedonia on behalf of the legal state, as The Republic of North Macedonia declares itself to be, is submitting an official requests to the State Judicial Council that these judges be dismissed from exercising the judicial function immediately, in a procedure conducted in accordance with the law.
According to Trendafilov, when deciding on the disputed property, the judges mentioned above firstly used the position of The Supreme Court in the judicial hierarchy, as the last instance court.
“As we all know within the framework of the regular national judiciary against the decisions of the Supreme Court there is no effective legal remedy and they as judges of the last instance court knew that on national level there is nothing the Federation can do, but it will be obligated to search for justice outside the country, through international bodies and international legal procedures, that may or may not be approved and usually last very long” said Trendafilov.
“We firmly believe that this judgment of The Supreme Court is totally against the highest legal act in our country - The Constitution, is against the national Laws and last but not least is against the Protocol no. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms which is ratified by the Assembly of The Republic of North Macedonia and the sole purpose of this decision is not to simply take it away, but to illegally grab the right of ownership of The Federation of Trade Unions of Macedonia or the Petitioner of this request over the Worker’s Home which represents our headquarters and is located in the center of Skopje”, noted the President.
As finish to the press conference, Trendafilov stated that The Federation of Trade Unions of Macedonia with all necessary documentation and evidences requested that the Judicial Council as soon as possible issue a Decision for the Dismissal of the three Supreme Court Judges, due to the unprofessional and negligent performance of their judicial function and their obvious misconduct committed in this process by allowing this judgment to enter our legal system. With that they will never be allowed again to disgrace our national judiciary and most importantly so it is prevented something like this to ever happen to someone else in the future.
