The recognition of a foreign court decision is governed by the Law on Private International Law. This law establishes that a foreign court decision is treated as a decision of a foreign country’s court, a court settlement, or a decision of another authority in the country where it was issued if it addresses matters covered by the aforementioned decisions.

According to this law, a foreign court decision is considered equivalent to a decision of a court in the Republic of North Macedonia and holds legal weight within the country only after it has been recognized through a procedure outlined in the Law on Private International Law.

What Are the Criteria for Accepting or Rejecting a Motion for Recognition of a Foreign Court Decision?

1. A) Validity and Enforceability of the Recognized Decision

The Law mandates that the petitioner seeking recognition of a foreign court decision must include the original or a certified copy of the foreign court decision, along with a certificate from the relevant foreign court or authority confirming the decision’s validity under the laws of the country where it was rendered.

If the recognition request also pertains to the enforceability of the foreign court decision, the applicant must provide evidence of its enforceability in accordance with the laws of the country in which it was issued. This can sometimes pose a challenge because foreign court decisions may not explicitly indicate their validity or enforceability, and such differences can exist between the legal systems of the Republic of North Macedonia and the originating state.

It’s important to note that if the original foreign court decision or its certified copy is not in the official language of the court handling the recognition procedure, the party seeking recognition must also provide a certified translation of the foreign court decision in the official language of that court.

1. B) Exclusive Jurisdiction of the Court in the Republic of North Macedonia

A foreign court decision will not be recognized if the subject matter falls under the exclusive jurisdiction of a court or another authority in the Republic of North Macedonia. However, an exception exists if this law allows parties to initiate proceedings in a foreign court for a specific dispute within the exclusive jurisdiction of a court in the Republic of North Macedonia.

In simpler terms, if the issue addressed by the decision undergoing recognition is within the competence of a civil, criminal, or administrative court in the Republic of North Macedonia or another state authority, the receiving court should decline recognition unless this law permits parties to engage a foreign court for such disputes.

Additionally, the law specifies that a foreign court decision will not be recognized if the foreign court based its jurisdiction on grounds not provided for by the Law on Private International Law or other applicable laws in the Republic of North Macedonia, governing jurisdiction for resolving matters with an international aspect of the same nature.

1. C) Final Decision in the Same Case Between the Same Parties

According to the law, a foreign court decision will not be recognized if a final decision has already been rendered in the same case by a court or another body in the Republic of North Macedonia. Similarly, if another foreign court decision concerning the same case and parties has been recognized in the Republic of North Macedonia, the new foreign court decision will not be recognized.

Furthermore, if a lawsuit concerning the same matter and involving the same parties has been previously initiated in a court in the Republic of North Macedonia, the court must suspend the recognition process of the foreign court decision until the ongoing lawsuit in the Republic of North Macedonia concludes.

1. D) Violation of Public Order

A foreign court decision will not be recognized if its recognition would clearly contradict the public order of the Republic of North Macedonia.

1. D) Assumptions Considered by the Court Following Objections from the Parties

The court in the Republic of North Macedonia will refuse to recognize a foreign court decision if one of the parties can demonstrate any of the following:

Inability to present their defense due to procedural irregularities.

Failure to personally receive the summons, lawsuit, or decision initiating the procedure, or a complete lack of attempted personal delivery, unless the party had already engaged in discussions regarding the primary case during the initial proceedings.

Inadequate time to prepare a defense from the moment of receiving the lawsuit until the scheduling of the hearing.

Procedure for Recognition of Foreign Court Decisions

The procedure for recognizing a foreign court decision begins with a written proposal submitted to the competent primary civil court.

During the procedure for recognizing a foreign court decision, an individual judge from the primary court presides. If the court finds no impediments to recognition, it will issue a decision affirming the recognition of the foreign court decision.

The court will serve notice of the decision on the recognition of the foreign court decision to the opposing party and other participants in the procedure related to the foreign court decision. They will be informed of their right to file an objection against the recognition decision within 30 days of receiving the notice.

However, the court will not serve the decision regarding the recognition of a foreign court decision solely concerning divorce if the party requesting recognition is a citizen of the Republic of North Macedonia, and the opposing party is not a citizen of the Republic of North Macedonia and does not reside or habitually reside within the Republic of North Macedonia.

After an objection against the decision on the recognition of a foreign court decision is filed, a panel of three judges from the court that issued the recognition decision will decide the matter. The court will make a ruling on the objection after holding a hearing.

Against a decision that rejects the proposal for recognition and against a decision following an objection, an appeal to the competent appellate court can be filed within 15 days from the date of receiving the decision.

The execution of a foreign court decision issued by the court in the Republic of North Macedonia will follow the laws governing execution in the Republic of North Macedonia.

Learn more about the convention for recognition of foreign decisions on this link

Note: The above does not constitute legal advice and in no way can be accepted or understood as an instruction to act in a specific case. Each legal situation has its own characteristics that should be reviewed at separately, and for that reason we recommend that you contact a professional – a lawyer – for legal advice.