REPUBLIC OF MACEDONIA

 

 

 

 

 

 

 

 

0 R G A N I C A C T

OF THE MACEDONIAN JUDGES' ASSOCIATION

 

 

 

 

 

 

 

 

Skopje, 1993


Based on article 20 of the Constitution of the Republic of Macedonia, and articles 2, 10, and 12 of the Law on Social organizations and Citizens' Associations (published in Official Gazette of the Republic of Macedonia no. 13/90), the Macedonian Judges' Association, at its constituting meeting, held on December 15, 1994 in Skopje adopted the following:

 

 

 

 

0 R G A N I C A C T

 

OF THE MACEDONIAN JUDGES' ASSOCIATION

 

 

 

 

I.              GENERAL PROVISIONS

 

 

Article 1

 

The Macedonian Judges I Association (hereinafter referred to as MJA) is a non-political, non-party affiliated, and professional organization which may be joined by sitting and retired judges of regular courts in the Republic of Macedonia on a voluntary basis.

 

 

Article 2

 

MJA shall operate within the entire territory of the Republic of Macedonia.

 

The head office of MJA shall be located in Skopje.

 

Article 3

MJA shall have all attributes of a legal (corporate) entity.

 

II.            OBJECTIVES AND TASKS

Article 4

MJA shall be aimed at the following objectives and tasks:

- enhancing and improving the stature of the judiciary in the

Republic of Macedonia;

 


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- supporting proper implementation and observance of the constitutionality and legality in the Republic of Macedonia, as well as the rule of law;

 

- strengthening the independence of judges, and independence of the judiciary as a whole;

 

- improving the reputation and stature of judges in the society, and taking care for judges' social and substantive interests;

 

- adoption of a Code of Judicial Conduct and Ethics of judges;

 

encouraging substantial judicial reforms, and adequate participation of judges in the process of drafting legislation related to the judiciary;

 

- facilitating appropriate authorities in defining judicial personnel policy;

 

- continuing legal education for judges;

 

- supporting cooperation and interaction between members of the MJA;

 

- establishing and promoting cooperation between the MJA and other similar domestic and foreign associations and unions;

 

- proposing amendments to variety of laws and regulations, and providing opinion during the legislative drafting procedure, thereon.

 

 

Article 5

 

In order to accomplish the aforementioned objectives, the MJA shall:

 

- prepare relevant opinions of which appropriate authorities shall be inform in writing, and the public shall be inform through the media, as well;

 

- organize seminars, workshops and symposiums on topics of judicial interest;

 

- publish periodical, professional journal in conjunction with other institutions, authorities and associations;

 


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- participate trough its representatives in the work of different committees and working groups whenever judicial issues are being considered.

 

 

Article 6

 

MJA may become a collective member of the Jurists' Association of the Republic of Macedonia or of any other similar domestic or foreign organization if so will be decided by its supreme authority.

 

 

 

III.              MEMBERSHIP

 

 

Article 7

 

A sitting or retired judge of regular courts in the Republic of Macedonia may join i.e., become member of the MJA.

 

 

Article 8

 

A candidate wishing to become member of the MJA shall submit an application form signed by him/herself.

 

Admission decisions shall be made by an appropriate authority of the MJA.

 

Article 9

Member of the MJA shall have the following rights:

- to elect, and to be elected in all authorities and bodies of the MJA;

- to be properly inform about the work and activities of the MJA;

- to participate in the work of MJA.

 

Article 10

Member of the MJA shall have the following responsibilities:

to carry out tasks assigned to him/her by decisions and conclusions adopted by respective authorities and bodies of the MJA;

 


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- to observe decisions and conclusions adopted by respective authorities of the MA;

 

-        to observe the Code of Judicial Ethics;

-        to duly pay the membership fee.

 

Article 11

Membership of the MJA shall cease in cases of:

-        death of a member;

-        termination of the judicial office, except in cases of .retirement;

-        voluntary resignment from the Association;

-        exclusion.

 

 

Article 12

 

A member of the MJA may be excluded if his/her behavior is destructive to the reputation of the Association or of the court in which he/she is on the bench, and if he/she violates the code of Judicial Ethics.

 

Reason for an exclusion from the MJA is not-paying membership fee for more than a year, as well.

 

 

Article 13

 

An exclusion decision shall be brought by the Board of Directors of MJA, upon its own initiative, upon initiative of a section of the MJA, or upon initiative of a working group formed for that particular purpose.

 

The member has a right to appeal the decision brought pursuant to Paragraph 1 of this Article before the Assembly of MJA within 30 days following the day of its receipt.

 

 

 

IV.           STRUCTURE OF THE MJA

Article 14

Basic activity of MJA shall be conducted trough its sections.


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Sections shall be formed in every judicial district.

 

Judges of the Supreme Court and Commercial Court of the Republic of Macedonia shall form a special section, of which retired judges of these courts may become members, as well.

 

More than one section may be formed in one judicial district if so will be decided by an appropriate authority of the MJA.

 

 

 

V.            AUTHORITIES OF THE MJA

 

 

Article 15

 

MJA shall have the following authorities:

 

- Assembly,

-        Board of Directors, and

-        Supervisory Board.

 

 

Article 16

 

The Supreme authority of MJA is its Assembly.  The Assembly shall be composed of representatives of all sections.

 

Each section has a right to be represented in the Assembly by one representative for every 10 of its members.

 

Representatives of a section shall be elected by the Assembly of that particular section.

 

 

Article 17

 

The Assembly of MJA may hold regular and extraordinary meetings.

 

Regular meetings of the Assembly shall be held once a year, and shall be convened by the President upon decision of the Board of Directors of MJA.  An extraordinary meeting of the Assembly shall be convened when needed by the Board of Directors on its own initiative, upon request of 1/3 of all members of the MJA, or upon request of the Assembly of one section.

 

In the request for holding an extraordinary meeting of the Assembly, reason therefor shall be notified.

 


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An Election Assembly shall be held in every 4 years.

 

 

Article 18

 

The Assembly shall be convened within 8 days, at least prior to its meeting.

 

At least, one half of representatives of all sections is required to be present for legitimate work of the Assembly.

 

The Assembly shall adopt its decisions by public ballot, but it may determine decisions on certain issues to be passed by a secret ballot.

 

As of the validity of decisions, a majority of present representatives of the sections is required.

 

The Assembly may determine decisions on certain issues of special concern for the MJA to be passed by majority votes of the total number of representatives of the sections.

 

 

Article 19

 

The Assembly of MJA shall:

 

-        adopt an Organic Act, and decide upon amendments, thereto;

-        adopt procedural rules for its work;

 

-        'elect and remove members of the Board of Directors and Supervisory Board of MJA:

 

-        adopt a Code of Judicial Ethnics;

-        create and adopt a Strategy Program of MJA;

-        decide upon appeals against decisions brought by the Board of Directors;

-        decide on proclaiming honorary and meritorious members;

 

-        elect a President of the MJA.

 

Article 20

The Board of Directors of MJA shall be composed of 15 members.

Each section shall have, at least, one representative in the Board of Directors.

 

The Board of Directors, on its first session shall elect two vice-presidents, a secretary and billing clerk from the rank of its members.

 


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President of the Assembly by virtue of his office is President of the Board of Directors.

 

 

Article 21

 

The Board of Directors shall work on session held whenever needed.

 

 

Article 22

 

The Board of Directors shall carry out the following activities:

 

-        enforce decisions adopted by the Assembly of MJA;

-        propose changes and amendments to the Organic Act of MJA;

-        adopt procedural rules for its work;

-        adopt general enactments;

-        decide on the amount of membership fee, and on the percentage which shall be assigned to the sections;

-        organize lectures, seminars, workshops, etc;

-        decide on admission of new members;

-        decide upon formation of more than one section in one judicial district;

-        decide on cooperation of MJA with, and admission in other similar judicial organizations;

-        perform other activities of interest to MJA which are not within the scope of Assembly's authorization.

 

 

Article 23

 

The Board of Directors may work if more than half of its members are present on its session.

 

Decision shall be passed by majority votes of the present members..

 

 

Article 24

 

Members of the Board of Directors shall serve for a four-years term having a right to be re-elected once more.

 

Article 25

The Supervisory Board of MJA shall be composed of 5 members.


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The Supervisory Board shall elect a President for a four-years term from among the rank of its members.

 

Members of the Supervisory Board shall serve for a four-years term of office.

 

 

Article 26

 

The Supervisory Board is obliged to review financial and other transactions of the MJA, at least once a year.

 

It shall submit reports on its f indings and overall activities to the Assembly of MJA.

 

 

Article 27

 

President of the MJA shall:

 

- represent the MJA;

- sign all acts of MJA;

- carry out other activities pursuant to the authorization given by the Board of Directors.

 

The President shall be elected for a four-years term having a right to be re-elected once more.

 

Authorities of the section shall be:

 

- Assembly,

- Board of Directors.

 

 

Article 28

 

Assembly of the Section shall be composed of all of its members.

 

The Assembly shall meet once a year, at least.  It shall be convened by the Board of Directors of the Section.

 

An extraordinary meeting of the Assembly may be held when needed, upon a proposal from the Board of Directors or upon proposal from 1/4 of all members of the section.

 

Draft agenda for an extraordinary meeting of the Assembly shall be enclosed to the aforementioned proposal.

 


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Article 29

Assembly of the Section shall:

-        elect a President of the Section;

-        adopt procedural rules for its work;

-        create and adopt a Strategy Program;

-        adopt regulations for the work of the Section;

-        consider current issues of relevance to the Section;

-        initiate questions of interest of the MJA;

-        decide on the number of members of the Board of Directors of that Section;

-        elect representatives in the Assembly of MJA;

-        carry out other activities.

 

 

Article 30

 

Board of Directors of the Section shall be composed of 7 up to 11 members.

 

Decision on the number of members of the Board of Directors of each section shall be made by its Assembly.

 

The Board of Director, on its first session, shall elect a vice-president, secretary and billing clerk.

 

President of the Section's Assembly by virtue of his office is President of the Section's Board of Directors.

 

 

Article 31

 

The Board of Directors shall work on sessions held whenever needed.

 

Article 32

The Board of Directors, on its sessions shall:

-        consider the implementation of Section's Program and other strategic tasks of the MJA, and undertake concrete measures in this regard.

-        adopt procedural rules for its work;

-        rise initiatives before authorities of the MJA on certain issues;

-        initiate an exclusion from the MJA from the rank of its members;

 


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- carry out other activities determined by this organic Act and by regulations of the Section.

 

 

Article 33

 

Sections shall be assigned a percentage of the membership f ee in order to be able to perform their activities successfully.

 

The above-referenced percentage shall be determined by the Board of Directors of MJA.

 

 

 

VI.  FINANCING

 

 

Article 34

 

MJA shall be financed trough:

 

- membership fees;

- publication incomes;

- additional incomes and donations.

 

 

 

VII.  EMBLEM, SEAL AND OFFICIAL STAMP OF MJA

 

 

Article 35

 

MJA has its own emblem.

 

The emblem has a round form with four concentric circles.

 

External circle is made of a tiny line.  Second circle is made of a thick line.  Third and fourth circle are made of tiny lines, as well.  The following text is inserted between the third and fourth circle:- "Macedonian Judges' Association".  Between the beginning and end of the aforementioned text, two branches are inserted in the lower part of the emblem.

 

In the midst of the emblem, Goddess of Justice with a scale in her right hand, and a sworn in her left hand faced down is placed.

 

 

Article 36

 

MJA has its own seal and official stamp.

 


The seal has a round form with the following text being included: "Macedonian Judges I Association - Skopje." Emblem of the Association is placed in the midst of the seal,

 

The official stamp has a rectangular form wherein the following text is inserted: "Macedonian Judges' Association Skopjell.

 

 

 

VIII.         FINAL PROVISIONS

 

 

Article 37

 

MJA shall cease to function upon decision brought by the Assembly of MJA.

 

In case of termination of the MJA its property shall be transferred to the Jurists' Association of the Republic of Macedonia.

 

 

Article 38

 

This Organic Act shall become effective following the day of its adoption at the constituting meeting of MJA.

 

 

 

 

 

 

 

PRESIDENT OF THE

MACEDONIAN JUDGES' ASSOCIATION

 

 


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