Research Article

JUDICIAL CORRUPTION AND VETTING PROCESS – COMPARATIVE ANALYSIS FROM WESTERN BALKAN COUNTRIES

ABSTRACT

Corruption, especially in the judicial system, is a phenomenon that violates the most crucial principle that is equality before the law and deprives people from their basic rights, including the right to a fair trial regulated under Article 6 of the European Convention on Human Rights. When a judicial system is corrupted, the influence that is made through material values, such as money, may decide which cases are prioritized or which can be dismissed, so the real perpetrators remained unpunished whereas the victims are left without any answer and consequently without justice. In order to fight this widen phenomenon, a large number of public institutions such as the World Bank and independent organizations including TI, ICJ, Judicial Integrity Group (JIG), and International Bar Association are engaged in developing strategies for advancing judicial integrity but another important mechanism that is crucial for increasing judicial integrity is through the Vetting process, which according to U.N is a formal process for the identification and removal of officials responsible for abuses, especially from several areas including the judiciary. There are a considerable number of countries that implemented the Vetting process including the Republic of Albania, the Republic of Bosnia and Herzegovina and the Republic of Serbia, whereas in the Republic of North Macedonia, the Vetting process isn’t functional but with the amendment of the the Law on Courts and the Law on the Judicial Council of the Republic of North Macedonia on May 2nd, 2018 based on the 2017-2022 Judicial Reform Strategy and Action Plan, the aim of making a deep change in the system of evaluation and dismissal of judges was reached. It is important however to know that more initiatives need to be taken in order to upgrade the justice system and increase the public trust in the countries of the Western Balkan.

Keywords

Corruption Judicial System Vetting Public Trust Justice