Communicated on 20 December 2017

FIRST SECTION

Application no. 55427/14 Zoran MAKSIMOVSKI against the former Yugoslav Republic of Macedonia lodged on 28 July 2014

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s dismissal from the office of public prosecutor for a serious violation of disciplinary rules. As specified in the Public Prosecution Act ( Закон за јавното обвинителство ) and the Act on State Board of Prosecutors ( Закон за Советот на јавни обвинители ) , 1) the proceedings were set in motion by the State public prosecutor; 2) a five-member disciplinary commission set up by the State public prosecutor determined all questions of fact and law and made a ruling at first instance after holding a hearing in the applicant ’ s presence, and assessing the evidence; 3) on 3 February 2012 the State Board of Prosecutors, in which the State public prosecutor participated as an ex officio member , considered the applicant ’ s appeal and decided the case at second instance; and 4) these decisions were subject to judicial review and confirmed by two levels of administrative courts, without holding of a hearing.

QUESTIONS tO THE PARTIES

1. Did the applicant have a fair hearing in the determination of his civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular,

(a) Was the absence of an oral hearing before the administrative courts in the proceedings regarding the applicant ’ s dismissal from the office of public prosecutor in breach of Article 6 § 1 of the Convention? Can the disciplinary commission be regarded as a “tribunal”, within the meaning of Article 6 § 1 of the Convention?

(b) Can the State Board of Prosecutors, which included the State public prosecutor as ex officio member, be regarded as an “independent and impartial tribunal ” within the meaning of Article 6 § 1 of the Convention in view of the participation of the State public prosecutor in the proceedin gs concerning the decision of 3 February 2012 (see, mutatis mutandis , Jakšovski and Trifunovski v. the former Yugoslav Republic of Macedonia , nos. 56381/09 and 58738/09 , 7 January 2016 and Poposki and Duma v. the former Yugoslav Republic of Macedonia , nos. 69916/10 and 36531/11 , 7 January 2016)?

2. Was there a violation of the applicant ’ s right of property under Article 1 of Protocol No. 1 to the Convention?