Programme:

Constitutional and Administrative Law (2022/2023)

Study Cycle:	Second Cycle (Postgraduate)
Faculty:	Law

Programme Code:	N-LAWCAL120C
Academic year:	2023 / 2024
Title:	Master of Legal Sciences / Field: Constitutional and administrative Law
ECTS:	120 (2 years) Accrediation
Decision:	Decision for starting of the program

The purpose of the study program of Constitutional and Administrative Law is to provide such modules which will include the basis of constitutional-administrative knowledges for approximation to legal professions that are related to the area of constitutional and administrative law and to be provided solid, special and systematic knowledge of the institutions and the basis of the constitutional and administrative system of the RNM as well as comparative knowledge of the region and of the European Union in the respective field.

The diploma of the study program will enable the students of Master's degree to be capable to apply general and special theoretical and practical professional and constitutional-administrative knowledge and skills in practice; To provide analytical answers both from the point of view of the implementation of normative legal acts and from the point of view of changing the legal regulation; To observe and explore the constitutional-administrative phenomena and problems and provide creative proposals for their resolution; Critically and arguably to analyze and evaluate the legal solutions and the functioning of the constitutional-administrative institutions in practice; To continue with the further perfecting of doctoral studies in the field of legal and constitutional-administrative sciences; To pursue the development of legislation and legal practice and engage in the implementation of scientific research results in legislative and legal practice.

Knowledge and understanding

Shows knowledge and understanding of constitutional law and administrative law by applying the adequate methodology for solving complex constitutional and administrative problems, both systematically and creatively, providing a basis or opportunity for originality in development and/or implementation of autonomous ideas in the context of constitutional and administrative research;
Ability to use extensive and deep constitutional-administrative knowledge;
Shows high level of competence in constitutional-administrative law;
Possesses knowledge from one or more subject areas, which, in the scientific fields, rely on the most renowned international research in the constitutional-administrative field.

Applying knowledge and understanding

Ability to critically, independently and creatively solve problems with originality in new or unknown environments and in a multidisciplinary context related to contemporary trends of constitutional and administrative law.

Making judgement

Ability to synthesize and integrate knowledge;
Ability to deal with complex issues, systematically and creatively, for solid assessment even in the case of incomplete and limited information, but which include personal, social and ethical responsibilities in the application of acquired constitutional and administrative knowledge;
Ability to evaluate and select the scientific theories, methodologies, tools and general skills in the subject areas, and to set up new analysis and solutions on a scientific basis.

Communication skills

Ability to exchange conclusions and suggestions with argumentation and rationally support them, both with professional and non-professional persons, clearly and unambiguously;
Taking a significant responsibility for the common results; managing and initiating activities.

Learning skills

Ability to recognize the personal need for further knowledge and ability for independent action in acquiring new knowledge and skills in national, regional and European as well as world context;
Ability to take responsibility for further professional development and improvement.

Semester 1

[MCAL-0101] [6 ECTS] Applied Constitutional Law
Course aims: Acquiring knowledge on the concepts, phenomena and institutes of constitutional law and state institutions in North Macedonia, including their theoretical positions on them. Acquire concrete knowledge of constitutional law as a science and legal branch, including comparative analysis of the situation and its prospects in the regional and European domain. Through this module, students will gain basic theoretical and practical knowledge regarding the organization of state bodies and of human and citizen's rights and freedoms; Encouraging critical thinking of students on the fundamental issues of constitutional regulation of the Republic of North Macedonia and within the EU, whereby an account of the European jurist's profile will be taken into account, which in the future as an expert should interpret and enforce the constitutional right in the national and European level; The curriculum will treat the constitutional subject in the comparative and national aspect because in the conditions of globalization, the constitutional right cannot be understood if it is considered only nationally; The curriculum will also cover: The new Rules of Procedure of the Assembly, which have a key role in the development of parliamentary democracy in North Macedonia, new laws regulating constitutional matters, such as laws dealing with the judiciary, local government, electoral system, civil society, defense, foreign policy, etc.; In addition to the normative components, the curriculum will elaborate and practice the central state power bodies in RNM, respectively: Assembly, Government, Constitutional Court, Supreme Court, which has a strong influence on constitutional law as a science; The 2001 constitutional amendments will also be included since they have a major impact on the major democracy in the Republic of North Macedonia as well as on the fundamental constitutional values of the constitutional order of the Republic of North Macedonia as well as the constitutional amendments of 2005 on judicial reform in the Republic of North Macedonia; At the end of the course, students will be able to make fundamental and substantive differences between constitutional institutions, their interconnection and their practical functioning; To make the necessary theoretical and practical differences on the concepts, phenomena and institutes of constitutional law; To describe and analyze the various processes within the system and the constitutional order of the Republic of North Macedonia in all aspects of the constitutional life of the country, it means to man, citizen, state and ethnic communities.
[MCAL-0102] [6 ECTS] Applied Administrative Law
Course aims: Define and understand the concepts of administration and administrative functions; - Recognize and analyze the legislation regulating the organization and functioning of public administration in Macedonia; - Recognize the main activities of the administrative function; - To distinguish between types of administrative acts and to possess the first steps of creating such acts; - Know the types of administrative oversight; - Know the mechanisms of control over the administration and its responsibility to other state organs, but also to clients-users of its services; - For future employment in the organs of the administration of the RNM, NGOs, in institutions and institutions dealing with the solving of cases of legal administrative nature.
[EMCA0030] [6 ECTS] Federalism Theory and Practice
This course provides students with knowledge on the organization of federal states, their organs, powers, types of federal states, some world-class federations, as well as the theoretical and practical central issues associated with federal states, as they are: the Constitution of the State Federation, the federation structure, the division of competences between the federation and its subjects, the participation of federation subjects in the exercise of federal power, the right of self-organization of the subjects of the federation, the issue of sovereignty in the federal state, the prospects of federalism in the world, as well as the issue of the position of federal units in international relations. The student gains knowledge of the fundamental notions and legalities of federalism that will enable him to reflect on the historical, comparative and critical reasoning of the current federation and processes.
[MCAL-0203] [6 ECTS] Parliamentary Law
The purpose of this course consists in the acquisition of legal-theoretical and practical knowledge applied to the Parliament as a representative, legislative and sovereign body within the state power of the given state, including its organization, structure and competencies in the RNM, coupled with legal-comparative aspects.
[6 ECTS] Elective Course
- [EM530] Constitutionalism and Human Rights
  The purpose of this course program is to elaborate the theoretical and practical aspects of human rights. The subject program is designed to analyze the ideas of human rights, human rights theories, the classification of human rights and the legal framework for each specific human right in the Republic of North Macedonia. Special emphasis is given to: the right to life, the right to freedom, the integrity of the human personality, the right to defense, the right to a fair trial, the right to legal security, the right to privacy, the right to appeal, freedom of thought and conviction, freedom of association, freedom of public assembly, voting right, right to property, freedom of work and the right to work, right to education, etc. The academic analysis of the mechanisms for protection of human rights will also be provided to the Constitutional Court, the regular courts in the RNM, as well as to the European Court of Human Rights in Strasbourg. The purpose of this course program is to enable students to gain in-depth knowledge in the field of human rights and to apply this knowledge in practice, as well as to develop their own analytical and critical skills while at the same time explaining the theoretical aspects of human rights and their application in practice, and in particular: - to understand the concept of human rights; - to understand the classification of human rights: civil liberties and rights, political freedoms and rights, as well as cultural, economic and social rights; - to gain knowledge of the content of specific human rights; - to apply acquired knowledge to specific situations of enjoyment or violation of human rights, and -to make a critical analysis of the situation with human rights in the Republic of North Macedonia, and comparatively in the EU, the European Council, as well as with other countries.
- [EMCAL-05] The Clerks System
  Course aims: The purpose of the course is to enable students to work in the public administration by familiarizing themselves with the theoretical principles in support of which the system of employees in the Republic of North Macedonia has been established and above all through the practical attitude of students to relevant state bodies (for public employees). In addition, the recognition of the rights, obligations and responsibilities of the Chief of Staff in the Republic of North Macedonia (for civil servants, lawyers, judges of the Administrative Court).
- [EMCAL-04] Administrative Contracts
  The purpose of the course consists in gaining knowledge about the presentation, development and forms of administrative contracts as specific public contracts in the theoretical, practical and comparative level.
- [EM531] Ecological Law
  Through this course, the students of the Faculty of Law, will gain knowledge for the problems of the environment, the rules that refer to the environment, the structures that deal with the problems of the environment, the endangered goods and the efficiency of the legal system for environmental protection.
- [EM532] The Law of Special Administrative Procedures
  The main purpose of the course is for students to gain not only basic knowledge, but also a broader and advanced theoretical and practical knowledge about the importance, content and specifics of some special administrative procedures in the law of the Republic of North Macedonia and thus be able to work in certain administrative and non-administrative areas of social life to which these procedures apply.
- [EM476] Legal Clinic - Constitutional and Administrative Law
  This curriculum aims for second cycle students - graduates to acquire the professional ability to independently apply the regulations in practice and practice in legal matters and help students to more successfully and easily pass the Bar Exam. Through this course, students will acquire the theoretical and practical knowledge of the Judicial Exam Program, organized by the Ministry of Justice. Special attention will be paid to the proper implementation of the practical training system. In the practical part, which represents a more complex part of the exam, students will be able to solve cases of civil and criminal law with translators, especially from the ranks of judges, public prosecutors, enforcement agents, attorneys, notaries, mediators etc. One form of cooperation between the students and the actors of the practical part for exchange of knowledge and experiences is expected, as well as their further support in the preparation of the Judicial Exam.
- [EM533] Judicial Law
  Judicial law as an applicable scientific legal discipline focuses on the institutional aspect of justice, more precisely of the judiciary, which aims to provide law students with theoretical and practical scientific-professional legal knowledge in relation to: - legal norms for the organization, functions and competencies of the court and other public bodies and institutions that participate in the court procedure of law enforcement; - judicial protection of freedoms and human rights and the realization of justice as a fundamental and universal legal values; - legal norms for court proceedings; and - legal-material norms applied by the court in the court procedure.
- [EM534] Public and State Administration
  The aim of the course is for students to gain comprehensive knowledge of administration in the RNM as well as to learn about administration in other European countries. Through this course students will learn the administration systems and the administration in them. They will also look at the types and characteristics of state and public administration. The course aims for students to understand the position, role, responsibility and importance of administration in the RNM. The course also aims to learn about the current and future structure of the administration in public and state administration, its privatization and the possibility of using it for an effective and efficient state administration.
- [EM535] Introduction to American Law
  The main goal of this course is to give a general overview of the American legal system. Students should be able to understand the legal principles and rules on which American law is based, to recognize how the American legal order is structured, how American lawyers resonate, and how law is taught at American universities. The course aims to stimulate a critical awareness of the content and values upon which the American legal order is based.

Semester 2

[MCAL-0201] [6 ECTS] Administrative Procedure Law
The purpose of the course is enabling students to: - define and understand the notions of administration and administrative function; - to recognize and analyze the legal regulation that regulate organization and functioning of the public administration in the RNM; - to examine the basic activities of administrative function; - to make classification between the types of acts of the administration and to master the first steps in the creation of such acts; - to learn the types of administrative supervision; - to recognize control mechanisms over the work of the administration and its responsibility before other state bodies, but also in front of customers - their clients of its services; - for future employment in the administration of RNM, non-governmental organizations, as well as all the institutions that decided issues of administrative-legal nature.
[CM165] [6 ECTS] Administrative Dispute and Administrative Justice
Course aims: - Regular application (reading and interpretation) of legal norms regulating initiation, flow and completion of administrative-judicial proceedings before the administrative court and the Supreme Court; - Preparation of lawsuits for the initiation of judicial-administrative proceedings (for all lawyers' profiles); - Undertaking of procedural actions during the administrative-judicial procedure (for a lawyer, state servants who decide on administrative matters, lawyers employed in working bodies and state bodies, judges of the Administrative Court, as well as for professional services at the Administrative Court); - Processing of decisions (judgments and judgments) taken in the administrative procedure of the first instance and second instance (for a judge of the Administrative Court); - Processing of complaints and lawsuits for renewal of the proceedings (for a lawyer, civil servant who decides administrative cases).
[CPA129] [6 ECTS] Political Parties and Electoral Systems
The course aims to provide students with knowledge about political parties and electoral models as well as their functioning in real political life in the Republic of North Macedonia and in the EU and in the world. Also, there will be a special review of the RNM electoral system, conditions and perspectives, ie the construction of the necessary electoral model that suits the circumstances of the RNM.
[CM166] [6 ECTS] Anti-Corruption Law
Objectives of the course: Gaining knowledge about the definition of corruption, its manifestations and forms of corruption, criminological characteristics and criminal legal aspects of this crime regarding the characteristics of the offenders and the amount of illegal proceeds acquired. Also, students acquire knowledge for international instruments and Convections to fight against corruption and preventing this type of crime.
[6 ECTS] Elective Course
- [EM530] Constitutionalism and Human Rights
  The purpose of this course program is to elaborate the theoretical and practical aspects of human rights. The subject program is designed to analyze the ideas of human rights, human rights theories, the classification of human rights and the legal framework for each specific human right in the Republic of North Macedonia. Special emphasis is given to: the right to life, the right to freedom, the integrity of the human personality, the right to defense, the right to a fair trial, the right to legal security, the right to privacy, the right to appeal, freedom of thought and conviction, freedom of association, freedom of public assembly, voting right, right to property, freedom of work and the right to work, right to education, etc. The academic analysis of the mechanisms for protection of human rights will also be provided to the Constitutional Court, the regular courts in the RNM, as well as to the European Court of Human Rights in Strasbourg. The purpose of this course program is to enable students to gain in-depth knowledge in the field of human rights and to apply this knowledge in practice, as well as to develop their own analytical and critical skills while at the same time explaining the theoretical aspects of human rights and their application in practice, and in particular: - to understand the concept of human rights; - to understand the classification of human rights: civil liberties and rights, political freedoms and rights, as well as cultural, economic and social rights; - to gain knowledge of the content of specific human rights; - to apply acquired knowledge to specific situations of enjoyment or violation of human rights, and -to make a critical analysis of the situation with human rights in the Republic of North Macedonia, and comparatively in the EU, the European Council, as well as with other countries.
- [EMCAL-05] The Clerks System
  Course aims: The purpose of the course is to enable students to work in the public administration by familiarizing themselves with the theoretical principles in support of which the system of employees in the Republic of North Macedonia has been established and above all through the practical attitude of students to relevant state bodies (for public employees). In addition, the recognition of the rights, obligations and responsibilities of the Chief of Staff in the Republic of North Macedonia (for civil servants, lawyers, judges of the Administrative Court).
- [EMCAL-04] Administrative Contracts
  The purpose of the course consists in gaining knowledge about the presentation, development and forms of administrative contracts as specific public contracts in the theoretical, practical and comparative level.
- [EM531] Ecological Law
  Through this course, the students of the Faculty of Law, will gain knowledge for the problems of the environment, the rules that refer to the environment, the structures that deal with the problems of the environment, the endangered goods and the efficiency of the legal system for environmental protection.
- [EM532] The Law of Special Administrative Procedures
  The main purpose of the course is for students to gain not only basic knowledge, but also a broader and advanced theoretical and practical knowledge about the importance, content and specifics of some special administrative procedures in the law of the Republic of North Macedonia and thus be able to work in certain administrative and non-administrative areas of social life to which these procedures apply.
- [EM476] Legal Clinic - Constitutional and Administrative Law
  This curriculum aims for second cycle students - graduates to acquire the professional ability to independently apply the regulations in practice and practice in legal matters and help students to more successfully and easily pass the Bar Exam. Through this course, students will acquire the theoretical and practical knowledge of the Judicial Exam Program, organized by the Ministry of Justice. Special attention will be paid to the proper implementation of the practical training system. In the practical part, which represents a more complex part of the exam, students will be able to solve cases of civil and criminal law with translators, especially from the ranks of judges, public prosecutors, enforcement agents, attorneys, notaries, mediators etc. One form of cooperation between the students and the actors of the practical part for exchange of knowledge and experiences is expected, as well as their further support in the preparation of the Judicial Exam.
- [EM533] Judicial Law
  Judicial law as an applicable scientific legal discipline focuses on the institutional aspect of justice, more precisely of the judiciary, which aims to provide law students with theoretical and practical scientific-professional legal knowledge in relation to: - legal norms for the organization, functions and competencies of the court and other public bodies and institutions that participate in the court procedure of law enforcement; - judicial protection of freedoms and human rights and the realization of justice as a fundamental and universal legal values; - legal norms for court proceedings; and - legal-material norms applied by the court in the court procedure.
- [EM534] Public and State Administration
  The aim of the course is for students to gain comprehensive knowledge of administration in the RNM as well as to learn about administration in other European countries. Through this course students will learn the administration systems and the administration in them. They will also look at the types and characteristics of state and public administration. The course aims for students to understand the position, role, responsibility and importance of administration in the RNM. The course also aims to learn about the current and future structure of the administration in public and state administration, its privatization and the possibility of using it for an effective and efficient state administration.
- [EM535] Introduction to American Law
  The main goal of this course is to give a general overview of the American legal system. Students should be able to understand the legal principles and rules on which American law is based, to recognize how the American legal order is structured, how American lawyers resonate, and how law is taught at American universities. The course aims to stimulate a critical awareness of the content and values upon which the American legal order is based.

Semester 3

[MCCR1120] [6 ECTS] Research Methodology
Students will be able to: - To apply the main methods of legal and other research. - To collect research material in a critical way that is relevant, and which is cited by the authors in their responses. - To understand the scope of the research and access to various methods of research, being able even to their critical review. - To study the relationship between legal theory and research practice through an advanced approach. - To apply skills and knowledge learned in their theses.
[EMCA0020] [6 ECTS] Comparative Constitutional Law
The Constitutional Comparative Law studies the comparative aspects of the constitutional systems of the EU and beyond, in order to provide in-depth knowledge of the principles and the functioning of the key institutions of state power in the comparative aspect.
[CM167] [6 ECTS] Comparative Administrative Law
This course studies the comparative-legal aspects of the administrative systems of the EU and beyond, in order to provide in-depth knowledge of the principles and the functioning of the key institutions of public administration in the comparative-legal aspect.
[MCAL-0302] [6 ECTS] Constitutional Justice
The purpose of the course consists in obtaining knowledge about the appearance, development and forms of constitutional and constitutional judicial control of constitutionality and legality for the constitutional judiciary, with emphasis on the Constitutional Court of the RNM and its practice.
[EMCAL-01] [6 ECTS] Local Self-Government Law
The course provides information and new knowledge on the realization of management in local self-government. Through this course the students: - Acquire specific knowledge of the organizational and functional concepts of local self-government; - Acquire knowledge about the functioning of local self-government, the division of power and the relations between local self-government and central government; - Acquire the knowledge and skills needed for good management using the modern management theory models and approaches; - Will be able to better understand the issues related to the functioning of the local self-government and they will be able to solve these problems and effectively implement the decisions taken; - Students will develop organizational and management skills to work in the local administration;

Semester 4

[MCCR4010] [30 ECTS] Master Thesis
This module enables students to transfer their skills and knowledge to research and make more complex task of Master-Thesis. The module is designed to be fully practical and students to acquire the necessary knowledge and skills to approach the writing of thesis. The module has unique return result- to enable students to write the master thesis with minimal difficulties, and with maximum efficiency. The course aims to improve research techniques and style of writing papers, taking account to stop illegal means, such as plagiarism and infringement of copyright, which are prohibited by the Statute of SEEU.