By Vojo Manevski
Justice is slow, but it is attainable. The “truth turns, turns, but it always surfaces”. These sayings that are the product of human experience are well-known. The essence is in the notion of “time”, which sometimes can last as one productive human life. Patience is the biggest strategist, but it costs many human destinies and a large amount of nerves and sleepless nights. (PDF link to the court decision)
The case of FokusNet is a catalyst where these sayings are confirmed, but also is the situation in the judicial system in which the citizens of Macedonia have been living for more than three decades. From obvious outside influence on the judicial process to illogical and unlawful parts of court decisions, up to judgements that show that nevertheless the application of the law does not come down to the interpretation of the judges, but to the legal obligation within which framework judgements must be made.
It must be said here that the public is also indispensable as an aid in exercising the legal rights of FokusNet. In the article from June 2023, Sonja Taneska described in detail the movement of the case through the administrative and judicial corridors that lasted over 20 years.
CIVIL Media also published a text about the latest developments related to the passing of the final judgement in the Skopje Court of Appeal.
As a confirmation to the sayings from the beginning of the text is also the information from late last week when the FokusNet party was finally notified that the judgement of the Court of Appeal has been legally processed by the Basic Court Skopje and will be officially delivered to the parties once the judicial vacations are over.
The case bears the number ТС-1136/23 and we will not comment on the content, but the very fact that after two decades the Court of Appeal at least partially corrects the injustice towards FokusNet is proof that other similar cases that have a long period of time moving through the labyrinths of the system, might actually finalize. How satisfied the parties will be with the verdict is their business and they can request a procedure before the Supreme Court, but the fact that there is a verdict that seems to confirm the verdict of the Higher Administrative Court for violation of the law by Telecom, is already a legal fact that cannot be bypassed. All else is a matter of calculations and expertise that do not annul the decision of the Court – that everything has to be within the law. Whether this case will be remembered as the beginning of restoring trust in the courts as important and credible institutions depends only from the judges in all instances, including the Supreme Court. For starters, a light has appeared at the end of the tunnel.
Translated by: N. Cvetkovska