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Litigation Attorneys in Macedonia

Litigation Attorneys in Macedonia

Labor disputes, between companies involving certain contractual conditions or payments, and family disputes are some of the issues that come to the attention of our litigation lawyers in Macedonia. Those facing commercial litigations can call on our team of Macedonian lawyers for legal advice. In addition, foreigners who are interested in starting a business in Macedonia can be helped by our experts because they can handle all the formalities, including the one for immigration to Macedonia.

Types of courts in Macedonia

The Macedonia Constitutional Court it’s ruled by nine judges elected by the Assembly of the Court and a President elected by the Constitutional Court for a term of three years without the right to reelection. The Macedonia Supreme Court is the highest judicial instance in Macedonia and its decisions cannot be contested by other Courts. The Courts of first appeal are located in Bitola, Gostivar, Skopje and Stip. In Macedonia, there are 26 courts of first instance responsible for hearing various minor cases.

What are the responsibilities of the courts in Macedonia?

The Constitutional Court has the main role of protecting the Constitution and verifies the constitutionality of the laws and decrees. It’s considered an independent body and it is not obeying other authorities.

The Supreme Court of Macedonia is the second instance against the decisions of its panels, third and final instance on appeals against the decisions of appellate courts and second instance of the Administrative Court, in cases where there is an evidence of the violation of the right of trial within a period of time at the request of the parties and other participants.

The Appellate Courts make decisions in cases related to cases already heard at the basic courts of their vicinity; make decisions in cases related to the jurisdiction between courts of first instance and other cases stipulated by the law.

The first instance courts hear minor cases such as criminal cases where the punishment does not imply a penalty of imprisonment above 5 years. There are other situations that enter the attention of these courts, like:

  • Disputes between individuals and legal entities.
  • Inheritance disputes.
  • Varied types of misdemeanors.
  • Cases related to divorce and annulling of a marriage.
  • Determination and disclaiming of maternity or paternity.
  • In cases involving provided alimony and parenting.
  • Situations of hindering possession and real estate.
  • Labor relations.
  • Procedures for enforcement and other cases stipulated by the Law on The Courts.

The cases involving administrative issues are heard by the Macedonian Administrative Court as a second instance and the administrative courts as first instance courts. More about these topics can be discussed with our litigation attorneys in Macedonia.

On the other hand, our immigration lawyers in Macedonia can explain the relocation procedure of companies and entrepreneurs. We can offer guidance for immigration to Macedonia.

What are the responsibilities of the Arbitrary Court in Macedonia?

The Economic Chamber of Macedonia has attached to it the Permanent Court of Arbitration which may decide on disputes between the partners who signed an agreement related to the procedure which is considered much a faster procedure. Its decisions are binding and final. 

How long does litigation in Macedonia take?

A process in Macedonia can take up to several years if it is presented in front of a superior court after a decision was taken in the first instance. If not, a process can be ended in several months.

Macedonia is part of multilateral treaties

The legal system in Macedonia is based on both local law and international rules. In this regard, we recall that Macedonia is a party to several international conventions such as:

  • European convention of human rights 1950.
  • Hague Convention 1954.
  • European Convention on International Commercial Arbitration 1961.
  • Convention on the Recognition and Enforcement of Foreign Arbitral Awards or the New York Convention 1958.

These are the most important international conventions that also include Macedonia. Disputes of any kind can be carefully checked by our specialists, so do not hesitate to talk to our lawyers in Macedonia.

Facts to consider before starting litigation in Macedonia

The parties of a dispute must be represented by a lawyer. He must check the issues in detail and gather evidence in order to be able to present the case in court if the amicable procedure is not possible. Here we discuss all the details of the conflict, the causes that developed the problems, and the evidence for each statement, either in writing or with the help of images.

With this information gathered, the request for summons is drawn up, a document that must include the names of the parties involved in the conflict. Moreover, the party who gathered the relevant evidence must also submit a request for a proposal to offer it.

It is then up to the court to schedule a hearing to present the respective evidence, which led to the conflict between the two or more entities. Also in this meeting, you can call on the expertise of specialists in the field, if necessary. We invite you to speak with our litigation attorneys in Macedonia to find out more about this topic.

 Content of a lawsuit

The rules of the process are quite clear, and if they are not followed from the beginning, the dispute cannot be settled. The name of the court handling the case, the name and residence of the complainant, but also of the legal representatives, the subject of the dispute, and the signature of the complainant are information that must be found in the request for summons.

According to the Law on Civil Procedure with the amendments made in 2016, commercial entities that come into conflict on financial issues with damages of less than MKD 1 million are advised to find amicable solutions. Mediation may be the right option in exchange for resolving such disputes in court.

Setting up a company in Macedonia, a good investment idea in this country

Macedonia is a country that offers many business opportunities to foreigners. Low labor costs, much simplified company registration procedures, a stable economy, and a skilled and experienced workforce are some of Macedonia’s strengths for foreign investors. And to give you an idea about the economic direction of the country, we present below some data and statistical information:

  • The total FDI for Macedonia in 2020 will be around USD 7.3 billion.
  • According to the 2020 Doing Business report, Macedonia ranked 17th out of 190 economies in the world in terms of optimal business climate and conditions.
  • In 2020, the authorities have successfully implemented a number of conditions that simplify the direction of strategic investments.
  • The UK, Austria, the Netherlands, Greece, and Slovenia are among Macedonia’s largest foreign investors.

Choosing our litigation attorneys in Macedonia

Disputes of any kind arising between economic entities or individuals can be successfully resolved by our litigation lawyers in Macedonia. The experience and professionalism with which we treat each case help us to find and offer the best solutions for our clients. We know that a litigious case consumes time and money, that’s why we come to meet your problems in order to extinguish any kind of conflict.

Persons interested in the legal services of our litigation attorneys in Macedonia can contact us right away. We are here to provide the best possible solutions for the cases brought to our attention. Plus, our immigration lawyers in Macedonia can offer assistance for business relocation, if interested.