The 2024 Prize of the European Expert and Appraisal Institute (EEEI) is awarded this year to two outstanding works in two separate categories: scientific article and collective work.
Scientific article category
Prof. Tatjana Zoroska Kamilovska Ph.D., Faculty of Law “Iustinianus Primus”,
Ss. Cyril and Methodius University in Skopje,
Republic of North Macedonia
&
Mr. sc. Tea Micevska, Assistant, Faculty of Law “Iustinianus Primus”, Ss. Cyril and Methodius University in Skopje, Republic of North Macedonia
Title: Same Expert Evidence in Multiple Court Proceedings
Institution : Faculty of Law “Iustinianus Primus”, University Ss. Cyril and Methodius University of Skopje
The article “Do we need a ‘deus ex machina’ to overcome the challenges of conducting efficient judicial proceedings while preserving the principle of immediacy in the Macedonian judicial system?” by Professor Tatjana Zoroska Kamilovska, Ph.D., and Ms sc. Tea Micevska, deals with the use of expertise in legal proceedings and the problems it poses in the courts of Northern Macedonia.
The main methodology used is legal analysis, covering both the Macedonian Code of Civil Procedure and case law. The article concludes that judicial practice varies in terms of the acceptance of the same expert opinions in different proceedings. It compares Macedonian legislation with that of Germany and Poland, where the court has the option of assessing whether specific evidence is applicable to the proceedings in question, based on the similarity of the facts.
The conclusion highlights the need for explicit legislation to resolve the dilemma of using the same expert opinion in several proceedings. The main argument in favour of introducing this regime is the reduction in costs and time required to prepare new expert reports for the same or similar facts. The advantages of applying this system seem to outweigh the disadvantages. The article proposes the adoption of a legal provision allowing the same expert report to be used in several proceedings, provided that the parties are given the opportunity to challenge the expert report.
The approach is innovative in that it presents a contextual framework for the problems addressed. It is also interesting for the reader. The article makes clear its intended contribution to the field of contemporary judicial administration, showing how this particular reform is necessary to improve the quality of service provided by the courts in Northern Macedonia.
Collective work category
Director: Prof. Christel Cournil (Sciences Po Toulouse)
Title: Expertise and legal arguments – A contribution to the study of climate trials
Publisher: DICE, December 2024
This collective work of over 600 pages, edited by Professor Christel Cournil, is part of a deeply committed approach: understanding and documenting the role of experts in climate litigation. Through an analysis of emblematic cases (Grande-Synthe, Affaire du siècle, Royal Dutch Shell, KlimaSeniorinnen, etc.), the book sheds light on the way in which technical and legal experts participate in the construction of law in the face of the climate emergency.
Presentation of the work: EEEI 2024 Award – Legal expertise and arguments
We strongly encourage you to read the two prize-winning contributions, which offer complementary and committed perspectives on the role of expertise in contemporary justice: one through the prism of the climate emergency, the other through an innovative reflection on procedural efficiency. Two approaches, two contexts, but the same demand for rigour, usefulness and openness.
Français