Do diplomats exceed their powers in the country?
The questions of whether and to what extent diplomats overstep their powers in Macedonia have been updated again in the domestic public since. These dilemmas have arisen these days after Prime Minister Hristijan Mickoski, following the clear message of the EU and US ambassadors in North Macedonia, David Geer and Angela Ageler, that the dissolution of the judicial and prosecutorial council will represent a direct interference in the independence of the judiciary and will cause serious concern. assessed that "it has become a practice for ambassadors to interfere in the internal affairs of the state".
Such a message by Mickoski, according to the domestic expert public, represents the use of inappropriate terminology by the prime minister in relations with foreign diplomats.
In a sublimated conclusion, the expert public consulted Free Press is of the opinion that in certain cases in the past diplomats overstepped the border and the powers that their status in the country carries, so it often happened that there were reactions from the Ministry of Foreign Affairs. According to the experts, considering that we are a NATO member country and an aspirant of the EU, we must have an understanding and an ear for what we are told from the outside regarding reforms when it comes to our European integration.
Prof. Dr. Goran Rafailovski, former Macedonian ambassador to Germany and current professor at the University of Applied Sciences in Berlin for Free Press says that the terminology used by domestic politicians that foreign ambassadors with their advice on reforms at home interfere in the internal affairs of the country is a bit harsh.
– There is no question of overstepping the border and the powers that their status in the country brings. On the contrary, the topic is very complex and we cannot simply offer a solution or some political position that will apply from now on to this issue. Prime Minister Mickoski is trying to balance between diplomats and the executive function he performs. But to say that diplomats interfere in the internal affairs of a country is a very rough terminology. We, as a young democracy that is maturing on its way to the EU and European values, must and should be inclined to external benevolent criticism. In that sense, and in that process of maturing towards the EU, it is more than clear that we will have obstacles that we will have to solve in the name of democracy, freedom, etc. - explains the long-time diplomat Rafailovski.
He adds that we as a country have objective and subjective difficulties. And we can change that "interference" with recommendations or advice from diplomats. According to Rafailovski, the ambassadors' messages are meant to strengthen our democracy and society on the way to the EU and to reach European values as soon as possible.
- That interference is better to say that it is a recommendation in the sense of friendly advice and support to better go that way. Of course, we have national dignity and pride and that's all good. But at the same time, we should show a certain amount of tolerance and listen and wait for what we are told so that it is accepted to some extent - concluded the former ambassador Rafailovski.
The former ambassador to NATO has a similar view. Nano Ruzin. He says that when foreign ambassadors speak to the domestic public, they do not speak in their own name, but convey the position of their country. In the case of American Ambassador Ageler and her advice on the judiciary, as Ruzhin clarifies, these are the messages of the US State Department, not Ageler.
Ruzhin adds that in our political evolution so far, the country has had a large number of criticisms from our partners such as the USA and the EU, starting with the establishment of preventive diplomacy in the 90s, through the intervention of foreign institutions in the resolution of the conflict since 2001, the Przhin agreement, the recommendations of Priebe and etc.
- As a country that has ambitions to become a member of the EU, in those processes it is more than clear that the state is losing part of its sovereignty by deviating and adjusting the laws with Brussels, that is, with the Union. With the Strategic Cooperation Agreement with the USA and the accession to the EU, it is more than logical that certain weaknesses in the domestic system will be pointed out from the outside. Foreign ambassadors in the country very rarely come out to criticize, on the contrary, they only repeat the views that are already known for a certain area in the country - says Ruzhin.
He explains that the foreign ambassadors in Skopje in their mandate They behave mainly according to what is prescribed to them in The Vienna Convention on Diplomatic Relations, but there are those who openly point out domestic problems, but, according to Ruzhin, such remarks should not be seen as interference in the internal affairs of North Macedonia.
The domestic expert public has come to the conclusion that the representatives of the domestic political establishment are to some extent to blame for such situations, which over the years allowed this action of the ambassadors to become everyday and for them to play a decisive role in the country's politics, instead of being transmitters of the views of their home countries.
From the Ministry of Justice with moderate notes
In the meantime, the Minister of Justice Igor Filkov welcomes the statements of the European Ambassador David Geer and the Ambassador of the USA, Angela Ageler, made regarding the status and functioning of the Judicial Council and the Council of Public Prosecutors, and expects the cooperation to intensify in the coming period.
As informed by the relevant ministry, the draft version of the law on judicial council, which the expert group has been preparing for several months, is already being finalized. The text will be attached to ENER so that anyone interested can make observations and comments. After this, the minister plans to open a broad and public debate in which the opinions of the expert public will be heard in order to reach the best mutually acceptable solution. The text of the law will be submitted to the opinion of the European Commission and the Venice Commission, Pravda informed.
By the way, European Ambassador Gir stated that the dissolution of the Judicial and Prosecutorial Council is an interference in the independence of the judicial system and it will cause serious concern. He also expressed disagreement with the government's idea of dividing the Academy for judges and public prosecutors. It advises the authorities to look for material for reforms in the reports of the European Commission, the EU Evaluation Mission and the screening process. US Ambassador Ageler also ordered the Judicial Council to follow the recommendations of the Evaluation Mission and to resist political pressures.