Strasbourg, 28 February 2003	CDL (2003) 19 Eng. only
Opinion N° 236/2002

 

                                                             

 

EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW

(VENICE COMMISSION)

 

 

 

 

DRAFT LAW ON THE PUBLIC ATTORNEY

(OMBUDSMAN)

OF THE FORMER YUGOSLAV

REPUBLIC OF MACEDONIA

 

 

 

 

 

 

 

 

REPUBLIC OF MACEDONIA

MINISTRY OF JUSTICE

 

 

Skopje, February 2003

 

 

PROPOSAL FOR THE ADOPTION OF

THE LAW ON THE PUBLIC ATTORNEY

 

 

I. BASIC PROVISIONS

Article 1

 

This Law regulates the conditions for the election and discharge, competence and mode of work of the Public Attorney.

Article 2

 

The Public Attorney is a body of the Republic of Macedonia that protects the constitutional and legal freedoms and rights of citizens when they have been violated with acts, actions and failures by bodies of state administration and by other bodies and organisations having public mandates, and who undertakes actions and measures for the protection of the principle of indiscrimination and appropriate and just representation of the members of the communities in bodies of state government, bodies of the units of local self-government and public institutions and services.

Article 3

 

The Public Attorney shall be independent and autonomous in the performance of his office.

 

The Public Attorney shall carry out the tasks within his competence on the basis, and within the framework of the Constitution, law and international agreements ratified in accordance with the Constitution.

 

In the procedure the Public Attorney may also call upon the principle of equity.

Article 4

 

The main seat of the Public Attorney shall be in the City of Skopje.

 

The Public Attorney shall have a seal containing the title and main seat, the coat-of-arms and the name Republic of Macedonia.

 

The title and main seat, the coat-of-arms and the flag of the Republic of Macedonia is displayed on front wall of the building housing the Public Attorney.

 

II. CONDITIONS FOR ELECTION AND DISCHARGE OF THE PUBLIC ATTORNEY

Article 5

 

The Assembly of the Republic of Macedonia shall elect and discharge the Public Attorney with a majority vote of the total number of representatives belonging to the communities that do not constitute the majority in the Republic of Macedonia. The Public Attorney is elected for a term of eight years, with the right to a second term in office.

 

There are one or several Deputies to the Public Attorney. The number of Deputies to the Public Attorney shall be determined by the Assembly of the Republic of Macedonia, on a proposal of the Public Attorney.

 

The Deputies to the Public Attorney, on a proposal of the Public Attorney, shall be elected and discharged by the Assembly of the Republic of Macedonia with a majority vote of the total number of representatives, whereby there shall be a majority vote of the total number of representatives belonging to the communities that are not the majority in the Republic of Macedonia. Deputies to the Public Attorney are elected for a term of eight years, with the right to a second term in office.

 

The procedure for the election of the Public Attorney and his/her Deputies shall begin three months prior to the expiration of their term of office.

 

In case of absence or inability, the Public Attorney is substituted by his Deputy, according to a defined schedule by the Public Attorney.

Article 6

 

A person who meets the general requirements determined by the act on employment in state bodies, who is a law graduate with over nine years' work experience in legal matters and with a proof of positive performance in the field of the protection of the rights of citizen, may be elected Public Attorney.

 

A person who meets the general requirements determined by the act on employment in state bodies, who is a law graduate with over seven years' work experience in legal matters and with a proof of positive performance in the field of the protection of the rights of citizen, may be elected Deputy to the Public Attorney.

Article 7

 

Prior to coming to office, the Public Attorney shall take an oath before the Assembly of the Republic of Macedonia, which reads as follows:

 

"I swear that I shall carry out the office of Public Attorney conscientiously, impartially and responsibly, protect the rights of citizens and abide by the Constitution, laws and international treaties ratified in accordance with the Constitution of the Republic of Macedonia."

 

Article 8

 

The function of Public Attorney is incompatible with the performance of another public function and profession or with being a member to a political party.

Article 9

 

The Public Attorney is discharged:

1)      if he/she so requests;

2)      if he/she is sentenced for a criminal offence to an unconditional prison term of at least six months;

3)      if he/she permanently loses the psychophysical capability of carrying out the office of Public Attorney, which is determined on the basis of documented findings and the opinion of a competent medical institution;

4)      if he/she fulfils the conditions for retirement.

Article 10

 

The Public Attorney shall be discharged owing to unprofessional, partial and unconscientious performance of his/her office with a two-thirds majority vote of the total number of representatives, whereby there shall be a majority vote from the total number of representatives belonging to the communities that do not constitute the majority in the Republic of Macedonia.

Article 11

 

The provisions under Articles 7, 8, 9 and 10 of this Law shall also apply to the Deputies to the Public Attorney.

 

 

III. COMPETENCE AND MODE OF WORK

Article 12

 

In the carrying out of his/her office, the Public Attorney undertakes activities for which he/she is authorized with the present Law, with a view to protecting the constitutional and legal rights of citizens when they have been violated by bodies of state administration and by other entities and organizations having public mandates, and undertakes activities and measures for the protection of the principle of indiscrimination and appropriate and just representation of the members of the communities in state administration bodies, local self-government bodies and public institutions and services.

Article 13

 

The Public Attorney undertakes actions and measures to protect from unjust delay of court procedures or from the work of the court services, as well as actions and measures to protect from tardy performance of other administrative tasks and jobs defined by law.

The Public Attorney does not handle cases for which a proceeding is in process, except for the cases under paragraph 1 of this Article.

Article 14

 

Any person may submit a petition to the Public Attorney when he/she judges that his/her constitutional and legal freedoms and rights have been violated or when there has been a breach of the principle of indiscrimination and appropriate and just representation of the members of the communities in the bodies under Article 2 of the present Law.

 

The Public Attorney begins a procedure on his own initiative as well.

Article 15

 

The Macedonian language and its Cyrillic alphabet is the official language in the procedure before the Public Attorney.

 

A language that is spoken by at least 20% of the citizens and its alphabet is also an official language in the procedure being conducted before the Public Attorney.

 

Article 16

 

Each citizen may use one of the official languages and its alphabet in the communication with the Public Attorney, and the Public Attorney answers in Macedonian and its Cyrillic alphabet, as well as in the official language and alphabet being used by the citizen.

 

The petitioner speaking a language other than Macedonian, which is also an official language, may submit the petition in that language and alphabet. The Public Attorney translates the petitions into Macedonian and deals with them.

Article 17

 

The petition addressed to the Public Attorney shall be signed and contain personal data about the petitioner and contain the circumstances, facts and evidence on which the petition is founded.

 

The petition shall contain the body, organization, institution or person to which the petition refers; it shall also be noted whether the petitioner has already submitted legal remedies and which legal remedies have been submitted.

 

The petition to initiate a procedure is submitted in writing or orally in minutes.

 

There is no prescribed form for the petition initiating a procedure.

 

The petitioner is exempt from paying fees for the procedure before the Public Attorney.

Article 18

 

The Public Attorney shall handle the petition conscientiously, impartially, efficiently and responsibly.

 

When dealing with the petition, the Public Attorney shall obtain all facts and evidence from the parties concerned which are vital to decide on the petition.

Article 19

 

The Public Attorney shall, in the course of the procedure upon the petition, respect the privacy and secrecy of the data relating to the petitioners under Article 17 of the present Law.

Article 20

 

The Public Attorney, dealing with the petition, may:

 

-         not initiate a procedure

-         initiate a procedure and

-         stop or suspend the procedure.

Article 21

 

The Public Attorney shall not initiate a procedure based on a petition:

-         if the petition is anonymous;

-         if the petition was submitted by an unauthorised person;

-         if the petition offends the body or misuses the right to submit a petition;

-         if the petition is incomplete and if the petitioner, following the pointing out on the part of the Public Attorney, has not completed the petition;

-         if, on the basis of the petition, it can be concluded that a minor case is concerned which even after the conclusion of the examination could not yield corresponding results;

-         if, based on the petition itself, the circumstances and facts and evidence enclosed, it derives that it does not refer to a violation of the constitutional and legal freedoms and rights against the petitioner by the bodies of state administration and by other bodies and organizations having public mandates, i.e. a violation of the principle of indiscrimination and appropriate and just representation of the members of the communities in the bodies of state administration, bodies of the units of local self-government and public institutions and services of public interest;

-         if he/she is not competent to act;

-         if more than a year has passed since the action or last decision taken by the body, organization or institution, unless he/she judges that the petitioner has missed the time limit due to justified reasons; and

-         if there is a procedure in progress concerning the subject of the petition, except for the matters under Article 13 paragraph 1 of this Law.

 

When the Public Attorney does not initiate a procedure based on the petition, he/she shall inform the petitioner, within 15 days, and explain the reasons owing to which he/she rejects the petition, and, if possible, clarify the mode in which the petitioner will be able to realise his/her right.

Article 22

 

The Public Attorney shall initiate a procedure following a submitted petition or on his/her own initiative if, based on the statements, evidence and facts enclosed or the knowledge obtained in some other way, it is well-founded that the bodies under Article 2 of this Law have violated the constitutional and legal rights of citizens or the principle of indiscrimination and appropriate and just representation of the members of the communities.

 

If the Public Attorney initiates a procedure on his/her own initiative or if another person on behalf of the damaged party submits a petition, in order to initiate a procedure it is necessary to obtain the agreement of the damaged party that has had his/her constitutional and legal rights violated or has had the principle of indiscrimination and appropriate and just representation of the members of the communities violated.

 

When the Public Attorney institutes a proceeding on his/her own initiative for violation of the freedoms and rights of a greater number of citizens, minors, helpless and persons with deprived working capacity, it is not necessary to obtain the agreement under paragraph 2 of this Article.

Article 23

 

When the Public Attorney decides to institute a proceeding, he/she informs the petitioner thereof.

Article 24

 

The Public Attorney shall stop or suspend the procedure upon a petition:

-         if, following the completion of the proceeding upon the petition, it is concluded that it does not concern violation of the constitutional and legal freedoms and rights of the petitioner by the bodies of state administration and by other bodies and organizations having public mandates, i.e. violation of the principle of indiscrimination and appropriate and just representation of the members of the communities in the bodies of state power, bodies of the units of local self-government and public institutions and services of public interest;

-         if, in the course of the procedure on the petition, the petitioner initiates a court procedure;

-         if the petitioner does not show interest in further conduct of the procedure;

-         if the petitioner withdraws the petition in the course of the procedure;

-         if the petitioner passes away in the course of the procedure, unless the heirs request to proceed with the initiated procedure; and

-         if the right of the petitioner has been realised in the meantime.

 

When the Public Attorney stops the procedure on the petition, he/she shall inform the petitioner in as short time period as possible and explain the reasons thereof and, if possible, clarify the mode in which he can realise his right.

Article 25

 

With a view to considering the petition, and within the framework of his/her competence, the Public Attorney may undertake the following actions against the bodies under Article 2 of the present Law:

 

-         request necessary explanations and information about the statements in the petition;

-         enter the official rooms and have a direct insight into the cases and matters in their competence;

-         summon for an interview a civil servant, an official and any other person that can provide certain data in the procedure;

-         ask for an opinion from scholarly and professional institutions; and

-         undertake other actions defined by law.

 

The bodies under Article 2 of the present Law are obliged to furnish the requested explanations and information of paragraph 1 item 1 of this Article to the Public Attorney immediately, or within eight days at the latest. If, owing to objective reasons, they are prevented from providing them, they are obliged to inform the Public Attorney without delay as to the reasons due to which they are unable to act.

 

The rejection and disregard of the requests from the Public Attorney to undertake the actions under paragraph 2 of this Article is considered to be obstruction of the work of the Public Attorney.

Article 26

 

The Public Attorney may, with a special report, inform about the obstruction of the work under Article 24 paragraph 3 the immediately higher body, the civil servant managing the body under Article 2 of the present Law, or the Government of the Republic of Macedonia, and, in case they do not undertake the necessary measures, the Assembly of the Republic of Macedonia.

 

The Assembly of the Republic of Macedonia debates about the special report at a session of the Assembly that shall be also attended by the civil servant managing the body under Article 2 of this Law.

 

In case when a violation of freedoms and rights has been determined, the Public Attorney may announce the case in the mass media at the expense of the body under Article 2 of this Law, to which the case refers.

Article 27

 

Persons under Article 25 item 3 of this Law are required to answer the summons of the Public Attorney and to provide the necessary explanations in relation to the petition submitted.

 

On request of the Public Attorney, the President of the Republic of Macedonia, the Speaker of the Assembly of the Republic of Macedonia, the President of the Government of the Republic of Macedonia and other civil servants managing the bodies under Article 2 of this Law, are required to see him/her in person without delay.

Article 28

 

Bodies under Article 2 of this Law are required to co-operate with the Public Attorney and upon his/her request to provide him/her with all the evidence, data and information, irrelevant of the level of confidentiality and to enable him/her to conduct the procedure.

 

The Public Attorney shall keep top and official secrets in a manner and under conditions defined by law and by other regulation.

Article 29

 

The Public Attorney may give his/her opinion to the bodies under Article 2 of this Law, in respect of the protection of human freedoms and rights and the protection of the principle of indiscrimination and appropriate and just representation of the members of the communities concerning the case that is in procedure, regardless of the type and instance of the procedure that is in progress before the bodies under Article 2 of this Law.

 

Concerning the conditions about ensuring respect and protection of human freedoms and rights and the principle of indiscrimination and appropriate and just representation of the members of the communities, the Public Attorney may, within the framework of his/her competence, on his/her own initiative, address recommendations, opinions and criticisms to the bodies under Article 2 of this Law.

Article 30

 

The Public Attorney, within he framework of his/her competence, also follows the conditions in terms of ensuring respect and protection of citizens' freedoms and rights and respect of the principle of indiscrimination and appropriate and just representation of the members of the communities by paying visits and having insights into the bodies of Article 2 of this Law.

 

The Public Attorney may pay visits and have insights under paragraph 1 of this Article even without prior announcement and approval.

Article 31

 

The Public Attorney may provide initiatives to the authorized makers of proposals for amending and supplementing laws and other bylaws and their harmonization with the international treaties ratified in accordance with the Constitution of the Republic of Macedonia.

 

The Public Attorney may submit a proposal to the Constitutional Court of the Republic of Macedonia to appraise the constitutionality of the laws and constitutionality and legality of other regulations.

 

Article 32

 

The Public Attorney follows the conditions concerning the respect and protection of freedoms and rights of the persons in bodies, organizations and institutions where the freedom of movement is limited.

 

The Public Attorney especially follows the conditions concerning the respect and protection of freedoms and rights of retained persons, detained persons and persons serving a prison term or correctional measure in the penitentiaries and houses of corrections.

 

The Public Attorney may pay visits and have insights under paragraphs 1 and 2 of this Article at any time without previous announcement and approval, and talk to the persons in these bodies, organizations or institutions without the presence of officials.

 

A person deprived of liberty has a right to submit a petition to the Public Attorney in a sealed envelope without it being checked by the officials of the body, organization or institution in which they are staying.

Article 33

 

When the Public Attorney establishes that the constitutional and legal freedoms and rights of the petitioner have been violated by the bodies of state administration and by other bodies and organizations having public mandates, or that there has been a violation of the principle of indiscrimination and an appropriate and just representation of the members of the communities in the bodies of state administration, bodies of the local self-government units and public institutions and services, or that other irregularities have been made, he/she may:

 

-         give recommendations, proposals and opinions as to the manner of eliminating the violations established;

-         propose to conduct again certain procedure pursuant to the law;

-         institute a disciplinary procedure against an official, i.e. responsible person;

-         submit a petition to the competent public prosecutor to initiate a proceeding with a view to establishing a minor offence or criminal liability; and

-         give proposals to the bodies under Article 2 of this Law aimed at improving the work and conduct with parties.

Article 34

 

When the Public Attorney finds that the constitutional and legal freedoms and rights of the petitioner have been violated by the bodies of state administration and by other bodies and organizations having public mandates or that there has been a breach of the principle of indiscrimination and an appropriate and just representation of the members of the communities in the bodies of state administration, bodies of the local self-government units and public institutions and services, or that other irregularities have been made, if he judges that the execution of the administrative act will result in irreparable damage to the right of the person concerned, he/she shall request:

 

-         temporary delay to execute the administrative act until a decision is reached by the second instance body

-         temporary delay to execute the administrative act until a decision is taken by the competent court.

 

The bodies under Article 2 of this Law are required to immediately make and communicate the decision temporarily delaying the execution of the administrative act to the Public Attorney and within three days at the latest.

 

The competent bodies are required to furnish the decision to the Public Attorney, following the completion of the procedure.

Article 35

 

The bodies under Article 2 of this Law are obliged to inform the Public Attorney about the undertaken measures for the purpose of enforcing his/her requests, proposals, opinions or recommendations, within a time limit determined by him/her, and within 30 days at the latest.

 

If a body fails to inform the Public Attorney pursuant to paragraph 1 of this Article or accepts his/her conclusions, requests, proposals, opinions or recommendations only partially, the Public Attorney, with a special report, informs thereof the immediately superior body, civil servant managing the body under Article 2 of this Law or the Government of the Republic of Macedonia, and if they do not undertake the necessary measures, the Assembly of the Republic of Macedonia.

 

The Assembly of the Republic of Macedonia debates about the special report at a session of the Assembly that is compulsory attended by the civil servant managing the body under Article 2 of this Law.

 

When a violation to the freedoms and rights has been established, the Public Attorney may announce the case in the mass media, at the expense of the body under Article 2 of this Law, to which the case refers.

Article 36

 

If the bodies under Article 2 of this Law deal with the requests, recommendations, opinions and proposals of Article 35 of this Law within the time limit, the Public Attorney will conclude that the procedure has been completed and shall inform the petitioner and the body concerned thereof.

 

IV. PUBLICITY IN THE WORK

 

Article 37

 

The Public Attorney informs the Assembly of the Republic of Macedonia with an annual report about the level of ensuring respect and protection of freedoms and rights of citizens and about the respect of the principle of indiscrimination and appropriate and just representation of the members of the communities by the bodies under Article 2 of this Law.

 

The Assembly of the Republic of Macedonia considers the report of paragraph 1 of this Article at its session that is compulsory attended by members of the Government of the Republic of Macedonia, i.e. its representatives.

 

The report of the Public Attorney is announced in the mass media.

Article 38

 

The Public Attorney may communicate a special report about the tasks within his/her competence in the field to the bodies of the local self-government units in which there is an office, as an organisational unit of the Public Attorney.

 

The Public Attorney may announce the annual report, special reports, announcements and other undertaken measures in the mass media.

 

Special funds are provided for the announcement of the reports, announcements and other undertaken measures in the part of the budget earmarked for the Public Attorney.

 

 

V. LEGAL POSITION OF THE PUBLIC ATTORNEY

Article 39

 

The Public Attorney and the Deputies to the Public Attorney shall be granted immunity.

 

The Public Attorney and the Deputies to the Public Attorney may not be called accountable for a stated opinion and undertaken actions, measures and activities in respect of the petition.

 

The Public Attorney and Deputies to the Public Attorney may not be detained without the approval of the Assembly of the Republic of Macedonia, unless caught in the act of committing a criminal offence for which a prison term of at least five years is prescribed.

Article 40

 

The Public Attorney, Deputies to the Public Attorney, Secretary General and the employees in the Expert Service of the Public Attorney shall have an official identification card.

 

The Public Attorney, with a common enactment, shall prescribe the form, contents, procedure and way of issuance, use and taking away of the official identification card.

Article 41

 

The Public Attorney and Deputies to the Public Attorney, who have been employed until their election, shall have the right to return to the job they have done before or to another job that corresponds with the type and level of their professional education, within three months since their mandate terminated.

Article 42

 

The Public Attorney and Deputies to the Public Attorney whose mandate expired and due to objective reasons cannot proceed with carrying out their previous job or be assigned to another corresponding job, and have not met the requirements for retirement, pursuant to the common enactments are entitled to a compensation of the salary which they would earn if performing the office, until they become employed, i.e. until they meet the retirement requirements pursuant to the general regulations, but one year at most since their term of office expired.

 

The right to a compensation of paragraph 1 may be extended until the retirement requirements are met pursuant to the general regulations, but one year at the most.

Article 43

 

The Public Attorney, Deputies to the Public Attorney and the employees in the expert service of the Public Attorney shall be entitled to, and required to attend continuous professional training.

 

Special funds shall be provided in the part of the Budget allocated for the Public Attorney for the needs for professional training.

Article 44

 

The Public Attorney and Deputies to the Public Attorney who do not have their own apartment in the main seat of the Public Attorney shall have the right to use an appropriate government apartment.

Article 45

 

The following rights are considered to be special rights of the Public Attorney, Deputies to the Public Attorney and persons authorized by the Public Attorney while performing their office:

 

-         the right to enter and have free passage at stations, airports and ports simply by presenting official identification documents;

-         the right to free use of the public transport, transport by land or by water on the territory of the Republic of Macedonia; and

-         the right to special protection of his/her personality, his/her family and property, upon his/her request to the police in the place of residence, whenever there are serious threats to his/her security.

 

The Public Attorney shall adopt a common enactment to regulate more specifically the mode of realising the special rights under paragraph 1 of this Article.

 

 

VI. EXPERT SERVICE

Article 46

 

The Public Attorney adopts common enactments for the organization of the work and the job-systematisation determining the profile and number of officials and employees and their working tasks.

Article 47

 

With a view to performing the tasks within the competence of the Public Attorney, the following offices are organized as local organizational units of the Public Attorney:

 

1)      Office of the Public Attorney in Tetovo;

2)      Office of the Public Attorney in Kicevo;

3)      Office of the Public Attorney in Struga;

4)      Office of the Public Attorney in Kumanovo;

5)      Office of the Public Attorney in Stip;

6)      Office of the Public Attorney in Bitola;

7)      Office of the Public Attorney in Strumica.

 

The Public Attorney shall, with a common enactment, regulate the mode of work and the number of employees at the offices of the Public Attorney who perform the tasks within the competence of the Public Attorney.

Article 48

 

Aiming at more efficient and more successful protection of freedoms and rights of citizens in certain areas the Public Attorney may set up and organise divisions.

 

The Public Attorney shall, with a common enactment, regulate the mode of work and the number of employees at the divisions who will perform the tasks within the competence of the Public Attorney.

 

Alternative to Article 48:

 

With a view to having more efficient and more successful protection of freedoms and rights of citizens in certain areas the Public Attorney shall set up and organise the following divisions:

 

-         Division for the protection of the rights of the members of the communities;

-         Division for the protection of the rights of children;

-         Division for the protection of the rights of persons with limited freedom of movement;

-         Division for the protection of the rights of women.

 

The Public Attorney may also organise other divisions, depending on the needs for the protection of fundamental freedoms and rights of the citizens of the Republic of Macedonia.

 

The Public Attorney shall define the organization, manner of work and competences of the divisions with a Book of Procedures for work.

Article 49

 

The Public Attorney himself/herself appoints Secretary General from among the ranks of the managing state officials.

 

The term of office of the Secretary General to the Public Attorney of the Republic of Macedonia is equal to the mandate of the Public Attorney.

 

The Secretary General to the Public Attorney of the Republic of Macedonia manages the expert service.

Article 50

 

The Public Attorney adopts a Book of Procedures for his/her work.

 

The Book of Procedures specifies the manner of work and the procedure before the Public Attorney.

 

VII. FUNDING

Article 51

 

The funding of the Public Attorney is provided from the part of the Budget of the Republic of Macedonia earmarked for the Public Attorney.

 

The Public Attorney manages autonomously the utilisation, distribution and purpose of the funds provided in the part of the Budget of the Republic of Macedonia allocated for the Public Attorney.

 

The competent body that proposes the part of the Budget of the Republic of Macedonia earmarked for the Public Attorney is required to submit the proposal to the Public Attorney for his/her opinion prior to adopting and passing it in the Assembly of the Republic of Macedonia.

 

The opinion under paragraph 3 of this Article must be submitted to the Assembly of the Republic of Macedonia along with the proposal of the part of the Budget of the Republic of Macedonia allotted for the Public Attorney.

 

The Assembly of the Republic of Macedonia votes separately about the part of the Budget of the Republic of Macedonia earmarked for the Public Attorney.

 

Oversight and insight into the execution of the part of the Budget of the Republic of Macedonia allocated for the Public Attorney may be carried out only by the State Oversight Bureau, upon request of the Assembly of the Republic of Macedonia.

 

Article 52

 

The Public Attorney has a right to a wage and bonuses as defined for the President of the Constitutional Court of the Republic of Macedonia.

 

Deputies to the Public Attorney have a right to a wage and other bonuses as defined for a judge at the Constitutional Court of the Republic of Macedonia.

 

Wage levels and bonuses of the Expert Service are determined with a common enactment of the Public Attorney in accordance with a law and collective agreement.

 

 

VIII. TRANSITIONAL AND FINAL PROVISIONS

 

Article 53

 

The Book of Procedures for the work of the Public Attorney and the enactments for the organisation of the work and job-systematization and the Act on Salaries and Other Bonuses of the Expert Service of the Public Attorney shall be harmonized with the provisions of this Law within 45 days from the day this Law comes into effect.

 

The act about the manner in which the special rights of the Public Attorney, Deputies to the Public Attorney and persons authorised by the Public Attorney shall be realised and the act about the manner of work and the number of employees in the organisational units of the Public Attorney under Article 47 of this Law, shall be adopted within 45 days from the day this law enters into force.

 

The decision about the number of Deputies to the Public Attorney, under Article 5 paragraph 2 of this Law, shall be taken by the Assembly of the Republic of Macedonia, within 30 days from the day this Law enters into force.

Article 54

 

The organizational units shall begin work within 6 months at the latest following the day when this Law becomes effective.

 

Article 55

 

The day when this Law shall come into force, the Law on the Public Attorney (“Official Gazette of RM”, No. 7/97) shall become void.

Article 56

 

This Law comes into force on the eighth day after its publication in the “Official Gazette of the Republic of Macedonia”.