Publications

This comparative study complements the efforts of the OSCE Mission to Skopje to support the transition in practicing the new adversarial model of criminal procedure in the country, largely based upon similar legislative transitions in countries across Europe. It is comprised of inputs from seven different researches on the implementation of the in dubio pro reo principle and the standard beyond reasonable doubt in various judicial systems both historically and in present day.

The publication gives an overview of both domestic and European legislation on the admissibility and use of actio popularis mechanism, the practice of the European Court of Human Rights and the Court of Justice of the European Union as well as the practice of the region. This publication also provides insight on the specific methodology for use of actio popularis, in order to provide proper guidance for citizen associations in terms of the cases and ways they should use this mechanism.

This publication includes case law of the European Court of Human Rights (ECtHR) in relation to hate crimes and hate speech cases. This collection analyzes cases when it comes to speech that incited hatred with particular reference to the case-law of some of the extreme forms of speech that were problematized before the ECtHR. The purpose of this collection is through brief comments on the most interesting judgments and decisions on hate speech and hate crimes, to clarify the standards that the Court has set before the States Parties to the Convention. Not available in English.

The advancement of technology requires law enforcement agencies and public prosecutors offices in particular to be well-prepared to meet the challenges it presents. The process of obtaining cyber data to be used as evidence in a criminal procedure is not as straightforward as one might think. However, there are worldwide initiatives to establish common standards and facilitate the exchange of information through improved protocols among the law enforcement sector worldwide. This short guide, which is the result of a joint initiative between the Mission and the Public Prosecutors’ Association, aims to contribute to that direction. The publication is not available in English.

The Methodology for monitoring of Ukrainian courts’ judgements on their application of the European Convention on Human Rights (ECHR) and the case-law of the European Court of Human Rights (ECtHR) was developed by the OSCE Project Co-ordinator in Ukraine (PCU) within its “Safeguarding Human Rights through Courts” project. The project’s two-fold objective was to strengthen civil society’s capacity to monitor the application of human rights protection legal instruments in court judgements and to establish a baseline and evaluate the progress in application of the ECHR and the case-law of the ECtHR by PCU-trained judges. PCU’s Implementing Partner – “Institute of Applied Humanitarian Research” – used the developed methodology to pilot the monitoring of judgements during 2015-2016. The analysis of monitoring findings will be made available in a separate report in November 2017.

The publication “Evidence & Objections” provides domestic and international best practices to familiarize experienced lawyers trained in the civil law system with the fundamental principles of the law on evidence and evidentiary objections. Available in English and Macedonian, it is supported by an on-line video course which can be accessed on an e-learning platform of the regional bar associations at www.brrln.org. This publication is printed and distributed by the OSCE Mission to Skopje in its continuous efforts to promote the rule of law in the country and to facilitate the concept of continuous learning for the parties involved in the criminal procedure.

The publication is comprised of domestic, comparative and international standards. It is further substantiated by an on-line course based on real life scenarios targeting specific ethical dilemmas from attorney’s perspective, which can be accessed on the e-learning platform of the regional bar associations: www.brrln.org. It is available in English and Macedonian.

First report prepared by the OSCE Presence in Albania assessing the legal framework and work of the Albanian administrative justice system

The publication “Anti-discrimination Law” represents a tool aimed at law students and members of the professional community whose goal is to serve as a guide in identifying the key elements and characteristics of the anti-discrimination law within the frameworks of the international and national legal system, as well as to provide an overview of the institutional infrastructure for its protection. Helping future legal practitioners to acquire knowledge and skills in the area of equality law and the principle on non-discrimination are also within the focus of this book. This publication is not available in English.

The Justice Monitor is a publication of the observations of OSCE monitors in the first instance courts in Kosovo. The Justice Monitor aims to provide policymakers and justice sector actors with indicators not otherwise available to assist in the identification of compliance gaps in the administration of justice and the tracking of progress achieved in closing those gaps.