2 a written conclusion is made only in events where

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(2) A written conclusion is made only in events where the conclusion may be appealed. (3) The conclusion from paragraph (2) of this article is not made only if the subject of supervision waives his right of appeal to the report. (4) If during the inspection supervision no faults are determined or the faults determined are removed during the inspection supervision, i.e. until the drafting of the conclusion from paragraph (2) of this article, the inspector is obliged to make a conclusion to cease procedure. (5) The dissatisfied party has a right to appeal the conclusion from paragraph (4) of this article or request other means of legal protection in accordance with the law. DECISION Article 42 (1) During the inspection supervision, should the inspector determine that a law or other rule has been broken, he states the irregularities in a report and prescribes the time period in which the irregularity should be removed. (2) If a Law provides that an inspection measure may be prescribed for the ascertained irregularity, the inspector is obliged to determine that measure via decision. (3) The inspector shall make the decision, based on facts determined by inspection, from paragraphs (1) and (2) from this article without delay and no later than eight days from the completion of supervision, if no shorter term has been determined by law. (4) As an exception from paragraph (1) of this article, the inspector may determine inspection measures with an oral decision in the report, when he/she assesses that it is necessary to remove an immediate life-endangering or health-endangering circumstance, a substantial property value or when another type of public interest needs to be protected. (5) In the event of the situation from paragraph (4) arising, the inspector is obliged to make a written decision within three days from the day of making the oral decision. LEGAL REMEDY Article 43 (1) An appeal may be lodged against the inspector’s decision within eight days from the day of
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receiving the decision, if no shorter term has been determined by law. (2) An appeal against the inspector’s decisions in an inspectorate is resolved by a State commission for making decisions in an administrative procedure and a labor relation procedure of the second degree. (3) An appeal against the inspector’s decisions in an organizational unit organized as a inspection service in the state administration’s bodies and the local self-government units and the City of Skopje is resolved by a State commission for making decisions in an administrative procedure and a labor relation procedure of the second degree. (4) The commissions from paragraphs (2) and (3) of this article shall make the decision for the appeal within 30 days after receiving said appeal. PUBLICATION OF INSPECTION ACTS Article 44 The inspection services publish the inspection acts on their web location within three days of the day of passing the acts from article 40 of this Law, in accordance with regulations for protection of personal information.
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  • Fall '19
  • Council of the European Union, Inspector Clouseau, The Quarter at Tropicana, Republic of Macedonia, The Inspection Council

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