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9 Iustinianus Primus L. Rev. 1 (2018)

handle is hein.journals/iusplr9 and id is 1 raw text is: 




Ana  Pavlovska Daneva*
Ivana Shumanovska   Spasovska
Elena Davitkovska*

    THE   LEGAL STATUS OF THE REGULATORY BODIES/AGENCIES
                      IN  THE   REPUBLIC OF MACEDONIA

I. INTRODUCTION

       It is evident that the number of regulatory bodies in the Republic of Macedonia since the
1990s  has been  continuously increasing. These authorities gain increasing importance and
influence on the  market economy   and deregulation of a part of the  state administrations'
activities. The main features of the regulatory bodies include specialisation, professionalism,
political neutrality, independence and organisation as central authorities. In a historic sense, they
appear primarily due to the fact that the state administration should be scaled down. The scaling
down   means  that the state administration should not perform those activities that can be
conducted  in a more proper, qualitative and effective way by other authorities, that is, bodies
with public authorities. This way, the privatization and liberalization of the public sector is
initiated. All this is due to the emergence of new public management whose basic principles are
economy,  efficiency, effectiveness, specialisation.
       As of December   31, 2016, the Register of Public Sector Employees in the Republic of
Macedonia   records  13 independent  authorities and 10  regulatory authorities. Regulatory
authorities in the Republic of Macedonia are: the Agency  for Supervision of Fully Funded
Pension Insurance - ASFFPI   (MAPAS)   from  2002, the Insurance Supervision Agency - ISA
(ASO)  from 2002, the Macedonian  Securities and Exchange Commission  from  2005, the Civil
Aviation Agency  from  2006, the Agency for Electronic Communications  - AEC  (AEK)  from
2008, the Regulatory Commission   for Housing from 2009, the Postal Agency  from 2010, the
Energy  Regulatory Commission  from  2011, the Agency for Regulation of the Railway Sector
from 2012 and the Agency for Audio and Audiovisual Media Services from 2013.
       The authors analyze several important issues regarding the regulatory bodies, such as: 1.
the position of these authorities in the system of separation of powers in the Republic of
Macedonia,  2. the relation between these authorities and other authorities (state administration,
judiciary and assembly), 3. basic activities executed by these authorities and 4. in what manner
their independence or autonomy from other authorities is ensured. Thus, the authors aim to open
the dilemmas  and  problems that we  face when  defining these bodies, their delineation and
differentiation from other independent authorities, agencies, the problem with the inequality of
the legal regulation regarding the election of members in these authorities, the way decision are
made, the manner of control and the discharge of responsibility of these bodies. For instance, the


* Ana Pavlovska Daneva, PhD., Full Professor, Ss. Cyril and Methodius University in Skopje, Faculty of Law
Iustinianus Primus, Republic of Macedonia
** Ivana Shumanovska Spasovska, PhD., Associate Professor, Ss. Cyril and Methodius University in Skopje, Faculty
of Law Iustinianus Primus, Republic of Macedonia
***Elena Davitkovska, Associate professor at the Institute of Economics at the Ss. Cyril and Methodius University
in Skopje
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