The cooperation of the countries of the Western Balkans in the fight against crime and corruption is necessary and there must be bilateral agreements to facilitate the exchange of information, it was said at the regional conference on the rule of law in the Western Balkans, organized by the Center for Civic Education (CGO) and the German Friedrich Foundation. Ebert (FES).
The liaison prosecutor for North Macedonia in EUROJUST, Lenche Ristoska, said at the panel "The fight against corruption and organized crime: from the point of view of the judiciary", that at the moment the judiciary in that country is experiencing a huge crisis of integrity and identity.
She stated that the question is who does the judiciary serve - the elite or the citizens.
"Citizens' skepticism has eroded confidence in the justice system. Low trust in the judiciary indicates a deep crisis, and this did not happen by chance, but is the result of pervasive corruption. There is only the illusion of citizens that the system is there to protect their rights," said Ristoska.
She said that the foundations of the judiciary have been shaken, and thus the expectation that justice can be expected.
"Things have gotten worse, and the tendency is that they will get worse, because there is a strong perception that there is a high degree of political influence on the work of the judiciary," Ristoska added.
She reminded that controversial statements were recently published in North Macedonia that indicate the existence of political influence in the work of the judiciary. Also, she stated that the burden represents the statute of limitations that has occurred in many cases.
"A culture of impunity is fostered, and the elite sends a message that it's okay," said Ristoska.
She said that for further progress it is necessary to improve investigative capacities, and stated that this has already been initiated.
Noting that the legal framework in North Macedonia is largely harmonized with the EU acquis, Ristoska assessed that there remains a need for judicial reform.
"We have to improve the independence of judicial bodies, reforms are needed in the part of amendments to the Criminal Code and the Law on Criminal Procedure", explained Ristoska.
She said to find mechanisms to strengthen the integrity of the judiciary.
"It is necessary to strengthen independence in the work of the judiciary. "Our judiciary depends on the executive power and that must change," said Ristoska.
She said that her vision is a judiciary that guarantees the fight against organized crime.
"In order to achieve this, we must continue with reforms, and for that we need better regional cooperation," said Ristoska.
The prosecutor of the Higher Prosecutor's Office in Belgrade, Bojana Savović, speaking about the media chase she went through because of her work and the prosecution of those involved in corruption, noted that the international community is delaying and does not provide support to people who suffer such attacks.
"They support you declaratively, and when the tabloids tell you that you are foreign mercenaries, they don't stand by you. Fighting tabloids is something that needs institutional support. I don't think people seriously understand the tabloids and how much it ruins our lives, me and my family. It's all part of a package that I'm not sure people can endure, prosecutors are taught to fight crime, but they're not taught to drag it across the tabloids," explained Savović.
She also said that those who have integrity suffer consequences within the system itself and that everything they do is looked at through magnifying glasses, assessing that some do not want to suffer that kind of pressure.
Savović also pointed to the narrative of identification of the government with the state, given that critics are often accused of destroying the state.
The prosecutor of the Special State Prosecutor's Office from Kosovo, Shenaj Berisha, believes that the fight against crime represents the biggest challenge in the Western Balkans, but that at the same time, this fight is a prerequisite for building a democratic society.
"Corruption is also present in Kosovo, starting from the lowest official positions all the way to the highest state positions, this is nothing new," said Berisha.
She stated that the legal system of Kosovo is substantially harmonized with the European one.
"However, we do not have the same way of thinking as in the EU, because they are trying to influence the judiciary and the prosecution. The fight against corruption is a big challenge and the judicial system has a key role, bearing both the obligation and the responsibility to prosecute and punish those who abuse the system," said Berisha.
She also questioned the fact that sometimes information from investigations reaches the media, judging that this negatively affects the course of the investigation.
Berisha pointed out that the consequences of criminal activity can negatively affect public order and peace and society.
"The cooperation of the countries of the Western Balkans is necessary and there must be bilateral agreements that would facilitate the exchange of information. "Crime knows no borders and the fight against it is very difficult, the situation is the same all over the world," concluded Berisha.
A lawyer from Bosnia and Herzegovina, Vlado Adamović, believes that it is time for things to change.
"We need to start talking about the distinction between society and the state. The state is losing its importance, state sovereignty no longer exists, there is a gray hand, and this is becoming increasingly visible in society. We are reaching a situation where we are feeding societies that are collapsing," said Adamović, indicating that the situation is different in more organized societies where the institutional framework functions.
The former German finance minister of the state of North Rhine-Westphalia, Norbert Walter Borjans, believes that the discussion showed how small the differences are in the problems between the states of the region.
At the same time, he pointed out that Western democracy is in crisis.
"The elite has taken over politics, it's not just here, the growth of this trend is also evident in Germany," said Valter Borjans.
According to him, in Germany, analyzes show that citizens have less and less influence on politics, which is also a signal for the strengthening of the civil sector, especially in the context of the growth of right-wing extremism.
He pointed out that corruption is a structural problem that should be constantly pointed out.
"In all countries, where there is a rule of law, the laws are completely good, but the problem is in their application", Valter Borjans believes.
He also referred to his professional experience, especially in the area of combating tax evasion.
"And that requires data exchange between institutions. When I was a minister, I improved cooperation between authorities, someone else is now a minister, but that practice has been maintained. This makes me happy, because we have a common democratic core, and this also contributes to the sustainability of the system," Valter Borjans concluded.
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