RESEARCH AND POLICY

MYLA started producing documents shortly after it started providing legal aid and legal education. However, through legal aid and education, we have acquired relevant data and statistics that support our advocacy efforts and the interests and goals represented by the association. By drafting legal opinions, research and analysis, MYLA has become relevant in affecting public opinion on topics such as free legal aid, discrimination, asylum and migration, etc. We are part of working groups for complimentary amendments and adoption of new legal provisions, working bodies or national committees that manage programs and affairs such as human trafficking, protection of the rights of stateless persons, etc.

Legal Analyses

МYLA conducts legal analyses and research using various methodologies.

Legal analysis and research

Legal research is a process that lawyers use in their work, irrespective of whether they prepare their defense for a particular case in court, draft their legal opinion/argument or agreement, or advocate a particular position for amendment of a specific public policy. Areas in which the association conducts legal analysis and research are the following:

– Access to Justice / Judiciary

– Asylum and migration

– Statelessness

– Anti-discrimination

– The right to a healthy environment

– Children’s rights

– Legal professions

– Human trafficking

– Other

Research methods

In order to produce quality legal analyses, various sources and methods are used- primary (laws and bylaws, international documents, interviews, etc.) and secondary sources (already prepared analysis, research, legal literature, etc.) such as:

Descriptive method: Descriptive research indicates the current status of cases. However, this method does not dwell on cause discovery for the occurrence of the phenomenon or the situation being researched. The specific research will describe the institutional set-up and competencies of different levels of authority, as prescribed by law. Descriptive research uses a variety of methods, including comparative and correlational methods.

Comparative method: The comparative method is based on a comparison of previously identified and explained systems on the researched topic, in the countries of interest, which should serve as good practices. A combined approach is most commonly used by linking the functional and structural methods into the legal comparative research. The functional method as a way of conducting comparative analysis looks at “the current social problem and the way in which it is similarly or differently resolved in various jurisdictions, thus rendering similar or different outcomes.” On the other hand, the structural method provides an overview of how individual norms and legislation are integrated into the more general system.

Legislation and Public Policies

MYLA works to advance legislation and policies and as a professional association of lawyers that provide legal aid to vulnerable categories of citizens, MYLA has direct insight into the issues that result from certain regulations or policies. In that regard, MYLA continouosly monitors the application of laws in the areas of interest and contributes through representation based on analysis and evidence.

Activities in this area include legal research and analysis, monitoring the implementation of regulations, networking with other organizations, drafting proposals for amendments to laws, commenting on draft regulations and participating in working groups.

Monitoring the implementation of legislation

MYLA is committed to monitoring primary and secondary legislation which is of interest to the persons whose rights it represents, including as follows:

– Law on Free Legal Aid

– Law on Prevention of and Protection against Discrimination

– Law on International and Temporary Protection

– Law on Foreigners

– Law on Registration Records

– Law on Citizenship

– Law on Social Protection

– Law on Child Protection

– Law on Juvenile Justice

To some extent, MYLA continuously monitors changes in the most important legislation governing various types of proceedings, including the Law on Civil Procedure, Law on Criminal Procedure, Law on General Administrative Procedure, Law on Administrative Disputes and the Criminal Code.

Advocacy for the improvement of legislation and public policies

MYLA’s long-term work in free legal aid, anti-discrimination and protection of vulnerable categories of persons resulted in the recognition of MYLA’s expertiseby the community and relevant institutions.

Activities include MYLA’s participation in working groups for preparation and amendment of primary and secondary legislation, assistance in drafting regulations, and networking with other organizations in order to advocate for the improvement of certain public policies.

Aditionally, MYLA regularly monitors changes in legislation through digital tools offered by the state (such as ENER) and submits comments and recommendations to improve the proposed legal solutions. So far MYLA has submitted comments and recommendations for more than 10 laws and other processes, in which it has not participated as a result of any of the following activities.

Laws and processes in which MYLA has sent a document with accompanying comments and recommendations are as follows: 1) Law on Primary Education, 2) Law on Secondary Education, 3) Law on Persons without Regulated Civil Status, 4) Law on Foreigners, 5) Law on labor relations, 6) Law on Social Protection, 7) Law on Child Protection, 8) Law on Protection and Prevention of Domestic Violence, 9) Criminal Code, 10) Law on Internship, 11) Law on Food Safety, 12) Law on Amnesty, 13) Report on the implementation of the Convention on the Rights of the Child, 14) Law on Expertise, 15) Rulebook on orthopedic and other medical devices, 16) Action plan for implementation of the Istanbul Convention, etc.

A) Participation in working groups

To date, MYLA has participated in the preparation and amendment of several laws affecting the beneficiaries to whom the Association provides legal aid and offers advice, as follows:

– Law on Free Legal Aid

– Law on Prevention and Protection against Discrimination

– Law on Prevention and Protection from Violence against Women and Domestic Violence

– Law on Juvenile Justice

– Law on Litigation Procedure

– Attorney’s Law

– Bar Exam Act

– Vetting process in the Ministry of Interior

– Bylaw for reporting violence, abuse, and neglect in primary schools

B) Assistance in drafting regulations

Through its work, MYLA has established itself as a relevant participant in civil society, in processes such as improving national legislation and promoting fundamental values such as the protection of human rights and the rule of law.

MYLA helped in the preparation of:

– secondary legislation associated with the Law on Free Legal Aid,

– regulations important for the Ministry of Labor and Social Policy in relation to the operation of the Reception Center for Asylum Seekers,

– rulebooks about the operation of the Administration for Execution of Sanctions,

– Rulebook about the prohibition of harassment at the workplace in the Army of the RNM and etc.

In addition to institutions, MYLA provides assistance to civil society organizations who participate in various processes to improve legislation that is of interest to them.

C) Networking

Through networking with the BLUPRINT Group, the Network for Protection against Discrimination and civil society organizations that provide free legal aid, including the Foundation Open Society Macedonia, MYLA participated in vital processes for preparation and amendment of particular legal solutions in order to ensure compliance with international law. The association contributed to drafting and recommendations for the following legislation:

– Law on Free Legal Aid and secondary legislation associated with this Law

– Law on the Public Prosecution Office

– Law on Support and Financial Compensation to Victims of Crime

– Law on Primary Education