From: sachz@coombs.anu.edu.au (Sacha
Shopov)
Subject: Constitution of the REPUBLIC OF
MACEDONIA
Message-ID:
<1nq00nINNiar@manuel.anu.edu.au>
Date: 12 Mar 1993 12:34:31 GMT
Organization: Australian National
University
Lines: 1654
C O N S T I T U T I O
N O F T H E
R E P U B L I C
O F M A C E D O N I A
Taking as the points of departure the
historical, cultural,
spiritual and statehood heritage of the
Macedonian people and their
struggle over centuries for national and
social freedom as well as
the creation of their own state, and
particularly the traditions of
statehood and legality of the Krushevo
Republic and the historic
decisions of the Anti-Fascist Assembly of
the People's Liberation of
Macedonia, together with the
constitutional and legal continuity of
the Macedonian state as a sovereign
republic within Federal
Yugoslavia and freely manifested will of
the citizens of the
Republic of Macedonia in the referendum of
September 8th, 1991, as
well as the historical fact that Macedonia
is established as a
national state of the Macedonian people,
in which full equality as
citizens and permanent co-existence with
the Macedonian people is
provided for Albanians, Turks, Vlachs,
Romanics and other
nationalities living in the Republic of
Macedonia, and intent on:
- the establishment of the Republic of Macedonia as a sovereign
and independent state, as well as a civil and democratic one;
- the establishment and consolidation of the rule of law as a
fundamental system of government;
- the guaranteeing of human rights, citizens' freedoms and
ethnic equality;
- the provision of peace and a common home for the Macedonian
people with the nationalities living in
the Republic of
Macedonia; and on
- the provision of social justice, economic wellbeing and
prosperity in the life of the individual and the community,
the Assembly of the Republic of Macedonia adopts
THE CONSTITUTION OF THE REPUBLIC OF MACEDONIA
I. BASIC PROVISIONS
Article 1
The Republic of Macedonia is a sovereign, independent,
democratic and social state.
The sovereignty of the Republic of Macedonia is indivisible,
inalienable and nontransferable.
Article 2
Sovereignty in the Republic of Macedonia derives from the
citizens and belongs to the citizens.
The citizens of the Republic of Macedonia exercise their
authority through democratically elected Representatives through
referendum and through other forms of direct expression.
Article 3
The territory of the Republic of Macedonia is indivisible and
inviolable.
The existing borders of the Republic of Macedonia are inviolable.
The borders of the Republic of Macedonia may be changed only in
accordance with the constitution.
Article 4
Citizens of the Republic of Macedonia have citizenship of the
Republic of Macedonia.
A subject of the Republic of Macedonia may either be deprived of
citizenship, nor expelled or extradited to another state.
Citizenship of the Republic of Macedonia is regulated by law.
Article 5
The state symbols of the Republic of Macedonia are the coat of
arms, the flag and the national anthem.
The coat of arms, the flag and the national anthem of the
Republic of Macedonia are adopted by law by a two-thirds majority
vote of the total number of Assembly Representatives.
Article 6
The Capital of the Republic of Macedonia is Skopje.
Article 7
The Macedonian language, written using its Cyrillic alphabet, is
the official language in the Republic of Macedonia.
In the units of local self-government where the majority of the
inhabitants belong to a nationality, in addition to the
Macedonian language and Cyrillic alphabet, their language and
alphabet are also in official use, in a manner determined by law.
In the units of local self-government where there is a
considerable number of inhabitants belonging to a nationality,
their language and alphabet are also in official use, in addition
to the Macedonian language and Cyrillic alphabet, under
conditions and in a manner determined by law.
Article 8
The fundamental values of the constitutional order of the
Republic of Macedonia are:
- the basic freedoms and rights of the individual and citizen,
recognised in international law and set down in the
Constitution;
- the free expression of national identity;
- the rule of law;
- the division of state powers into legislative, executive and
judicial;
- the legal protection of property;
- the freedom of the market and entrepreneurship;
- humanism, social justice and solidarity;
- local self-government;
- proper urban and rural planning to promote a congenial human
environment, as well as ecological protection and development;
and
- respect for the generally accepted norms of international law.
Anything that is not prohibited by the Constitution or by law is
permitted in the Republic of Macedonia.
II. BASIC FREEDOMS AND RIGHTS OF THE
INDIVIDUAL AND CITIZEN
1. Civil and political freedoms and rights
Article 9
Citizens of the Republic of Macedonia are equal in their freedoms
and rights, regardless of sex, race, colour of skin, national and
social origin, political and religious beliefs, property and
social status.
All citizens are equal before the Constitution and law.
Article 10
The human right to life is irrevocable.
The death penalty shall not be imposed on any grounds whatsoever
in the Republic of Macedonia.
Article 11
The human right to physical and moral dignity is irrevocable.
Any form of torture, or inhuman or humiliating conduct or
punishment, is prohibited.
Forced labour is prohibited.
Article 12
The human right to freedom is irrevocable.
No person's freedom can be restricted except by court decision or
in cases and procedures determined by law.
Persons summoned, apprehended or detained shall immediately be
informed of the reasons for the summons, apprehension or
detention and on their rights. They shall not be forced to make a
statement. A person has a right to an attorney in police and
court procedure.
Persons detained shall be brought before a court as soon as
possible, within a maximum period of 24 hours from the moment of
detention, and the legality of their detention shall there be
decided upon without delay.
Detention may last, by court decision, for a maximum of 90 days
from the day of detention.
Persons detained may, under the conditions determined by law, be
released from custody to conduct their defence.
Article 13
A person indicted for an offence shall be considered innocent
until his/her guilt is established by a legally valid court verdict.
A person unlawfully detained, apprehended or convicted has a right
to legal redress and other rights determined
by law.
Article 14
No person may be punished for an offence which has not been
declared an offence punishable by law, or by other acts, prior to
its being committed, and for which no punishment has been prescribed.
No person may be tried in a court of law for an offence of which
he/she has already been tried and for which a legally valid court
verdict has already been brought.
Article 15
The right to appeal against individual legal acts issued in a
first instance proceedings by a court, administrative body,
organisation or other institution carrying out public mandates is
guaranteed.
Article 16
The freedom of personal conviction, conscience, thought and
public expression of thought is guaranteed.
The freedom of speech, public address, public information and the
establishment of institutions for public information is
guaranteed.
Free access to information and the freedom of reception and
transmission of information are guaranteed.
The right of reply via the mass media is guaranteed.
The right to a correction in the mass media is guaranteed.
The right to protect a source of information in the mass media is
guaranteed.
Censorship is prohibited.
Article 17
The freedom and confidentiality of correspondence and other forms
of communication is guaranteed.
Only a court decision may authorise non-application of the
principle of the inviolability of the confidentiality of
correspondence and other forms of communication, in cases where
it is indispensable to a criminal investigation or required in
the interests of the defence of the Republic.
Article 18
The security and confidentiality of personal information are
guaranteed.
Citizens are guaranteed protection from any violation of their
personal integrity deriving from the registration of personal
information through data processing.
Article 19
The freedom of religious confession is guaranteed.
The right to express one's faith freely and publicly,
individually or with others is guaranteed.
The Macedonian Orthodox Church and other religious communities
and groups are free to establish schools and other social and
charitable institutions, by ways of a procedure regulated by law.
Article 20
Citizens are guaranteed freedom of association to exercise and
protect their political, economic, social, cultural and other
rights and convictions.
Citizens may freely establish associations of citizens and
political parties, join them or resign from them.
The programmes and activities of political parties and other
associations of citizens may not be directed at the violent
destruction of the constitutional order of the Republic, or at
encouragement or incitement to military aggression or ethnic,
racial or religious hatred or intolerance.
Military or paramilitary associations which do not belong to the
Armed Forces of the Republic of Macedonia are
prohibited.
Article 21
Citizens have the right to assemble peacefully and to express
public protest without prior announcement or a special licence.
The exercise of this right may be restricted only during a state
of emergency or war.
Article 22
Every citizen on reaching 18 years of age acquires the right to vote.
The right to vote is equal, universal and direct, and is exercised
at free elections by secret ballot.
Persons deprived of the right to practise their profession by a
court verdict do not have the right to vote.
Article 23
Every citizen has the right to take part in the performance of
public office.
Article 24
Every citizen has a right to petition state and other public
bodies, as well as to receive an answer.
A citizen cannot be called to account or suffer adverse
consequences for attitudes expressed in petitions, unless they
entail the committing of a criminal offence.
Article 25
Each citizen is guaranteed the respect and protection of the
privacy of his/her personal and family life and his/her dignity
and repute.
Article 26
The inviolability of the home is guaranteed.
The right to the inviolability of the home may be restricted only
by a court decision in cases of the detection or prevention of
criminal offences or the protection of people's health.
Article 27
Every citizen of the Republic of Macedonia has the right of free
movement on the territory of the Republic and freely to choose
his/her place of residence.
Every citizen has the right to leave the territory of the
Republic and to return to the Republic.
The exercise of these rights may be restricted by law only in
cases where it is necessary for the protection of the security of
the Republic, criminal investigation or protection of people's
health.
Article 28
The defence of the Republic of Macedonia is the right and duty of
every citizen.
The exercise of this right and duty of citizens is regulated by law.
Article 29
Foreign subjects enjoy freedoms and rights guaranteed by the
Constitution in the Republic of Macedonia, under conditions
regulated by law and international agreements.
The Republic guarantees the right of asylum to foreign subjects
and stateless persons expelled because of democratic political
convictions and activities.
Extradition of a foreign subject can be carried out only on a
basis of a ratified international agreement and on the principle
of reciprocity. A foreign subject cannot be extradited for
political criminal offences. Acts of terrorism are not regarded
as political criminal offences.
2. Economic, social and cultural rights.
Article 30
The right to ownership of property and the right of inheritance
are guaranteed.
Ownership of property creates rights and duties and should serve
the wellbeing of both the individual and the community.
No person may be deprived of his/her property or of the rights
deriving from it, except in cases concerning the public interest
determined by law.
If property is expropriated or restricted, rightful compensation
not lower than its market value is guaranteed.
Article 31
Foreign subjects in the Republic of Macedonia may acquire the
right of ownership of property under conditions determined by
law.
Article 32
Everyone has the right to work, to free choice of employment,
protection at work and material assistance during temporary
unemployment.
Every job is open to all under equal conditions.
Every employee has a right to appropriate remuneration.
Every employee has the right to paid daily, weekly and annual
leave. Employees cannot waive this right.
The exercise of the rights of employees and their positions are
regulated by law and collective agreements.
Article 33
Everyone is obliged to pay tax and other public contributions, as
well as to share in the discharge of public expenditure in a
manner determined by law.
Article 34
Citizens have a right to social security and social insurance,
determined by law and collective agreement.
Article 35
The Republic provides for the social protection and social
security of citizens in accordance with the principle of social
justice.
The Republic guarantees the right of assistance to citizens who
are infirm or unfit for work.
The Republic provides particular protection for invalid persons,
as well as conditions for their involvement in the life of the
society.
Article 36
The Republic guarantees particular social security rights to
veterans of the Anti-Fascist War and of all Macedonian national
liberation wars, to war invalids to, to those expelled and
imprisoned for the ideas of the separate identity of the
Macedonian people and of Macedonian statehood, as well as to
members of their families without means of material and social
subsistence.
The particular rights are regulated by law.
Article 37
In order to exercise their economic and social rights, citizens
have the right to establish trade unions. Trade unions can
constitute confederations and become members of international
trade union organisations.
The law may restrict the conditions for the exercise of the right
to trade union organisation in the armed forces, the police and
administrative bodies.
Article 38
The right to strike is guaranteed.
The law may restrict the conditions for the exercise of the right
to strike in the armed forces, the police and administrative
bodies.
Article 39
Every citizen is guaranteed the right to health care.
Citizens have the right and duty to protect and promote their own
health and the health of others.
Article 40
The Republic provides particular care and protection for the family.
The legal relations in marriage, the family and cohabitation are
regulated by law.
Parents have the right and duty to provide for the nurturing and
education of their children. Children are responsible for the
care of their old and inform parents.
The Republic provides particular protection for parentless
children and children without parental care.
Article 41
It is a human right freely to decide on the procreation of
children.
The Republic conducts a humane population policy in order to
provide balanced economic and social development.
Article 42
The Republic particularly protects mothers, children and minors.
A person under 15 years of age cannot be employed.
Minors and mothers have the right to particular protection at work.
Minors
may not be employed in work which is detrimental to their
health or morality.
Article 43
Everyone has the right to a healthy environment to live in.
Everyone is obliged to promote and protect the environment.
The Republic provides conditions for the exercise of the right of
citizens to a healthy environment.
Article 44
Everyone has a right to education.
Education is accessible to everyone under equal conditions.
Primary education is compulsory and free.
Article 45
Citizens have a right to establish private schools at all levels of
education, with the exception of primary education, under conditions
determined by law.
Article 46
The autonomy of universities is guaranteed.
The conditions of establishment, performance and termination of the
activities of a university are regulated by law.
Article 47
The freedom of scholarly, artistic and other forms of creative work
is guaranteed.
Rights deriving from scholarly, artistic or other intellectual
creative work are guaranteed.
The Republic stimulates, assists and protects the development of
scholarship, the arts and culture.
The Republic stimulates and assists scientific and technological
development.
The Republic stimulates and assists technical education and sport.
Article 48
Members of nationalities have a right freely to express, foster and
develop their identity and national attributes.
The Republic guarantees the protection of the ethnic, cultural,
linguistic and religious identity of the nationalities.
Members of the nationalities have the right to establish institutions
for culture and art, as well as scholarly and other associations for
the expression, fostering and development of their identity.
Members
of the nationalities have the right to instruction in their
language in primary and secondary education, as determined by law. In
schools where education is carried out in the language of a
nationality, the Macedonian language is also studied.
Article 49
The Republic cares for the status and rights of those persons
belonging to the Macedonian people in neighbouring countries, as well
as Macedonian ex-patriates, assists their cultural development and
promotes links with them.
The Republic cares for the cultural, economic and social rights of
the citizens of the Republic abroad.
3. Guarantees of basic freedoms and rights
Article 50
Every citizen may invoke the protection of freedoms and rights
determined by the Constitution before the regular courts, as well as
before the Constitutional Court of Macedonia, through a procedure
based upon the principles of priority and urgency.
Judicial protection of the legality of individual acts of state
administration, as well as of other institutions carrying out public
mandates, is guaranteed.
A citizen has the right to be informed on human rights and basic
freedoms as well as actively to contribute, individually of jointly
with others, to their promotion and protection.
Article 51
In the Republic of Macedonia laws shall be in accordance with the
Constitution and all other regulations in accordance with the
Constitution and law.
Everyone is obliged to respect the Constitution and the laws.
Article 52
Laws and other regulations are published before they come into force.
Laws and other regulations are published in 'The Official Gazette of
the Republic of Macedonia' at most seven days after the day of their
adoption.
Laws come into force on the eighth day after the day of their
republication at the earliest, or on the day of publication in
exceptional cases determined by the Assembly.
Laws and other regulations may not have a retroactive effect, except
in cases when this is more favourable for the citizens.
Article 53
Attorneyship is an autonomous and independent public service,
providing a legal assistance and carrying out public mandates in
accordance with the law.
Article 54
The freedoms and rights of the individual and citizen can be
restricted only in cases determined by the Constitution.
The freedoms and rights of the individual and citizen can be
restricted during states of war or emergency, in accordance with the
provisions of the Constitution.
The restriction of freedoms and rights cannot discriminate on grounds
of sex, race, colour of skin, language, religion, national or social
origin, property or social status.
The restriction of freedoms and rights cannot be applied to the
right to life, the interdiction of torture, inhuman and humiliating
conduct and punishment, the legal determination of punishable
offences and sentences, as well as to the freedom of personal
conviction, conscience, thought and religious confession.
4. Foundations for economic relations
Article 55
The freedom of the market and entrepreneurship is guaranteed.
The Republic ensures an equal legal position to all parties in the
market. The Republic takes measures against monopolistic positions
and monopolistic conduct on the market.
The freedom of the market and entrepreneurship can be restricted by
law only for reasons of the defence of the Republic, protection of
the natural and living environment or public health.
Article 56
All the natural resources of the Republic of Macedonia, the flora and
fauna, amenities in common use, as well as the objects and buildings
of particular cultural and historical value determined by law, are
amenities of common interest for the Republic and enjoy particular
protection.
The Republic guarantees the protection, promotion and enhancement of
the historical and artistic heritage of the Macedonian people and of
the nationalities and the treasures of which it is composed,
regardless of their legal status. The law regulates the mode and
conditions under which specific items of general interest for the
Republic can be ceded for use.
Article 57
The Republic of Macedonia stimulates economic progress and provides
for a more balanced spatial and regional development, as well as for
the more rapid development of economically underdeveloped regions.
Article 58
Ownership and labour form the basis for management and sharing in
decision-making.
Participation in management and decision-making in public
institutions and services is regulated by law, on the principles of
expertise and competence.
Article 59
Foreign investors are guaranteed the right to the free transfer of
invested capital and profits.
The rights obtained on the basis of the capital invested may not be
reduced by law or other regulations.
Article 60
The National Bank of the Republic of Macedonia is a currency-issuing
bank.
The National Bank is autonomous and responsible for the stability of
the currency, monetary policy and for the general liquidity of
payments in the Republic and abroad.
The organisation and work of the National Bank are regulated by law.
III THE ORGANISATION OF STATE AUTHORITY
1. The Assembly of the Republic of
Macedonia
Article 61
The Assembly of the Republic of Macedonia is a representative body of
the citizens and the legislative power of the Republic is vested in it.
The organisation and functioning of the Assembly are regulated by the
Constitution and by the Rules of Procedure.
Article 62
The Assembly of the Republic of Macedonia is composed of 120 to 140
Representatives.
The Representatives are elected at general, direct and free elections
and by secret ballot.
The Representatives represents the citizens and makes decisions in the
Assembly in accordance with his/her personal convictions.
A Representative's mandate cannot be revoked.
The mode and conditions of election of Representatives are regulated
by a law adopted by a two-thirds majority vote of the total number
of Representatives.
Article 63
The Representatives for the Assembly are elected for a term of four
years. The mandate of Representatives is verified by the Assembly.
The length of the mandate is reckoned from the constitutive meeting
of the Assembly. Each newly-elected Assembly must hold a constitutive
meeting 20 days at the latest after the election was held. The
constitutive meeting is called by the President of the Assembly of
the previous term.
If a constitutive meeting is not called within the time laid down,
the Representatives assemble and constitute the Assembly themselves
on the twenty-first day after the completion of the elections.
Elections for Representatives to the Assembly are held within the
last 90 days of the term of the current Assembly, or within 60 days
from the day the dissolution of the Assembly.
The term of office of the Representatives to the Assembly can be
extended only during states of war or emergency.
Cases where a citizen cannot be elected a Representative, owing to
the incompatibility of this office with other public offices or
professions already held, are defined by law. The Assembly is
dissolved when more than half of the total number of Representatives
vote for dissolution.
Article 64
Representatives enjoy immunity.
A Representative cannot be held to have committed a criminal offence
or be detained owing to views he/she has expressed or to the way
he/she has voted in the Assembly.
A Representative cannot be detained without the approval of the
Assembly unless found committing a criminal offence for which a
prison sentence of at least five years if prescribed.
The Assembly can decide to invoke immunity for a Representative
without his/her request, should it be necessary for the performance
of the Representative's office.
Representatives may not be called up for duties in the Armed Forces
during the course of their term of office.
A Representative is entitled to remuneration determined by law.
Article 65
A Representative may resign his/her mandate.
The Representative submits his/her resignation in person at a session
of the Assembly.
The mandate of a Representative terminates if he/she is sentences for
a criminal offence for which a prison sentence of at least five years
is prescribed.
The Representative can have his/her mandate
revoked for committing a
criminal offence making him/her unfit to perform the office of a
Representative, as well as for absence from the Assembly for longer
than 6 months for no justifiable reason. Revocation of the mandate is
determined by the Assembly by a two-thirds majority vote of all
Representatives.
Article 66
The Assembly is in permanent session.
The Assembly works at meetings.
The meetings of the Assembly are called by the President of the
Assembly.
The Assembly adopts the Rules of Procedure by a two-thirds majority
vote of the total number of Representatives.
Article 67
The Assembly elects a President and one or more Vice-Presidents from
the ranks of the Representatives by a majority vote of the total
number of Representatives.
The President of the Assembly represents the Assembly, ensures the
application of the Rules of Procedure and carries out other
responsibilities determined by the Constitution and the Rules of
Procedure of the Assembly.
The office of the President of the Assembly is incompatible with the
performance of other public offices, professions or appointment in a
political party.
The President of the Assembly issues notice to the election of
Representatives and of the President of the Republic.
Article 68
The Assembly of the Republic of Macedonia
- adopts and changes the Constitution;
- adopts laws and gives the authentic interpretation of laws;
- determines public taxes and fees;
- adopts the budget and the balance of payments of the Republic;
- adopts the spatial plan of the Republic;
- ratifies international agreements;
- decides on war and peace;
- makes decisions concerning any changes in the borders of the
Republic;
- makes decisions on association in the disassociation from any form
of union or community with other states;
- issues notice of a referendum;
- makes decisions concerning the reserves of the Republic;
- sets up councils;
- elects the Government of the Republic of Macedonia;
- carries out elections and discharges judges;
- selects, appoints and dismisses other holders of public and other
offices determined by the Constitution and law;
- carries out political monitoring and supervision of the Government
and other holders of public office responsible to the Assembly;
- proclaims amnesties; and
- performs other activities determined by the Constitution.
In carrying out the duties within its sphere of competence, the
Assembly adopts decisions, declarations, resolutions, recommendations
and conclusions.
Article 69
The Assembly may work if its meeting is attended by a majority of the
total number of Representatives. The Assembly makes decisions by a
majority vote of the Representatives attending, but no less than
one-third of the total number of Representatives, in so far as the
Constitution does not provide for a qualified majority.
Article 70
The meetings of the Assembly are open to the public.
The Assembly may decide to work without the presence of the public by
a two-thirds majority vote of the total number of Representatives.
Article 71
The right to propose adoption of a law is given to every
Representative of the Assembly, to the Government of the Republic and
to a group of at least 10,000 voters.
The initiative for adopting a law may be given to the authorised
instances by any citizen, group of citizens, institutions or
associations.
Article 72
An interpellation may be made concerning the work of any public
office-holder, the Government and any ot its members individually, as
well as on issues concerning the performance of state bodies.
Interpellations may be made by a minimum of five Representatives.
All Representatives have the right to ask a Representative's question.
The mode and procedure for submitting and debating on an
interpellation and Representative's question are regulated by the
Rules of Procedure.
Article 73
The Assembly decides on issuing notice of a referendum concerning
specific matters within its sphere of competence by a majority vote
of the total number of Representatives.
The decision of the majority of votes in a referendum is adopted on
condition that more than half of the total number of voters voted.
The Assembly is obliged to issue notice of a referendum if one is
proposed by at least 150,000 voters.
The decision made in a referendum is binding.
Article 74
The Assembly makes decisions on any change in the borders of the
Republic of Macedonia by a two-thirds majority vote of the total
number of Representatives.
The decision on any change in the borders of the Republic is adopted
by referendum, in so far as it is accepted by the majority of the
total number of voters.
Article 75
Laws are declared by promulgation.
The promulgation declaring a law is signed by the President of the
Republic and the President of the Assembly.
The President of the Republic may decide not to sign the promulgation
declaring a law. The Assembly considers the President of the Republic
is then obligated to sign the promulgation in so far as it is adopted
by a majority vote of the total number of Representatives.
The President is obligated to sign a promulgation if the law has been
adopted by a two-thirds majority vote of the total number of
Representatives in accordance with the Constitution.
Article 76
The Assembly sets up permanent and temporary working bodies.
The Assembly may set up survey commissions for any domain or any
matter of public interest.
A proposal for setting up a survey of commission may be submitted by
a minimum of 20 Representatives.
The Assembly sets u p a permanent survey commission for the
protection of the freedoms and rights of citizens.
The findings of the survey commissions form the basis for the
initiation of proceedings to ascertain the answerability of public
office-holders.
Article 77
The Assembly elects the Public Attorney.
The Public Attorney protects the constitutional and legal rights of
citizens when violated by bodies of state administration and by other
bodies and organisations with public mandates.
The Public Attorney is elected for a term of eight years, with the
right to one reelection.
The conditions for election and dismissal, the sphere of competence
and the mode of work of the Public Attorney are regulated by law.
Article 78
The Assembly establishes a Council for Inter-Ethnic Relations.
The Council consists of the President of the Assembly and two members
each form the ranks of the Macedonians, Albanians, Turks, Vlachs and
Romanies, as well as two members from the ranks of other
nationalities in Macedonia.
The President of the Assembly is President of the Council.
The Assembly elects the members of the Council.
The Council considers issues of inter-ethnic relations in the
Republic and makes appraisals and proposals for their solution.
The Assembly is obliged to take into consideration the appraisals and
proposals of the Council and to make decisions regarding them.
2. The President of the Republic of
Macedonia
Article 79
The President of the Republic of Macedonia represents the Republic.
The President of the Republic is Commander-in-Chief of the Armed
Forces of Macedonia.
The President of the Republic exercises his/her rights and duties on
the basis and within the framework of the Constitution and laws.
Article 80
The President of the Republic of elected is general and directs
elections, by secret ballot, for a term of five years.
A person may be elected President of the Republic of Macedonia two
times at most.
The President of the Republic shall be a citizen of the Republic of
Macedonia.
A person may be elected President of the Republic if over the age of
40 on the day of election.
A person may not be elected President of the Republic if, on the day
of the election, he/she has not been a resident of the Republic of
Macedonia for at least ten years within the last fifteen years.
Article 81
A candidate for President of the Republic can be nominated by a
minimum of 10,000 voters or at least 30 Representatives.
A candidate for President of the Republic is elected if voted by a
majority of the total number of voters.
If in the first round of voting no candidate wins the majority
required, voting in the second round is restricted to the two
candidates who have won most votes in the first round.
The second round takes place within 14 days of the termination of
voting in the first round.
A candidate is elected President if he/she wins a majority of the
votes of those who voted, provided more than half of the registered
voters voted.
If in the second round of voting no candidate wins the required
majority of votes, the whole electoral procedure is repeated.
If only one candidate is nominated for the post of President of the
Republic and he/she does not obtain the required majority of votes in
the first round, the whole electoral procedure is repeated.
The election of the President of the Republic takes place within the
last 60 days of the term of the previous President. Should the term
of office of the President of the Republic be terminated for any
reason, the election of a new President takes place within 40 days
from the day of termination.
Before taking up office, the President of the Republic of Macedonia
makes a solemn declaration before the Assembly of his/her commitment
to respect the Constitution and laws.
Article 82
In case of death, resignation, permanent inability to perform his/her
duties, or in case of termination of the mandate in accordance with
the provisions of the Constitution, the office of the President of
the Republic is carried out by the President of the Assembly until
the election of the new President.
Decisions on the applicability of the conditions for the occasion of
the office of the President of the Republic are the official duty of
the Constitutional Court.
Should the President of the Republic be temporarily unable to preform
his/her duties, the President of the Assembly deputises for him/her.
While the President of the Assembly is performing the office of
President of the Republic, he/she takes part in the work of the
Assembly without the right to vote.
Article 83
The duty of the President of the Republic is incompatible with the
performance of any other public office, profession or appointment in
a political party.
The President of the Republic is granted immunity.
The Constitutional Court decides by a two-thirds majority vote of the
total number and approving of detention for the President of the
Republic.
Article 84
The President of the Republic of Macedonia
- nominates a mandator to constitute the Government of the Republic
of Macedonia;
- appoints and dismisses by decree ambassadors and other diplomatic
representatives of the Republic of Macedonia abroad;
- accepts the credentials and letters of recall of foreign diplomatic
representatives;
- proposes two judges to sit on the Constitutional Court of the
Republic of Macedonia;
- proposes two members of the Republican Judicial Council;
- appoints three members to the Security Council of the Republic of
Macedonia;
- proposes the members of the Council for Inter-Ethnic Relations;
- appoints and dismisses other holders of state and public office
determined by the Constitution and the law;
- grants decorations and honours in accordance with the law;
- grants pardons in accordance with the law; and
- performs other duties determined by the Constitution.
Article 85
The President of the Republic addresses the Assembly on issues within
his/her sphere of competence at least once a year.
The Assembly may request the President of the Republic to state an
opinion on issues within his/her sphere of competence.
Article 86
The President of the republic is President of the Security Council of
the Republic of Macedonia.
The Security Council of the Republic is composed of the President of
the Republic, the President of the Assembly, the Prime Minister, the
Ministers heading the bodies of state administration in the fields of
security, defence and foreign affairs and three members appointed by
the President of the Republic.
The Council considers issues relating to the security and defence of
the Republic and makes policy proposals to the Assembly and the
Government.
Article 87
The President is held accountable for any violations of the
Constitution in exercising his/her rights and duties.
The procedure for determining the President of the Republic's
answerability is initiated by the Assembly with a two-thirds majority
vote of all Representatives.
It is the Constitutional Court that decides on the answerability of
the President by a two-thirds majority vote of all judges.
If the Constitutional Court considers the President answerable for a
violation, his/her mandate is terminated by the force of the
Constitution.
3. The Government of the Republic of
Macedonia.
Article 88
Executive power is vested in the Government of the Republic of
Macedonia.
The Government exercises its rights and competence on the basis and
within the framework of the Constitution and law.
Article 89
The Government is composed of a Prime Minister and Ministers.
The Prime Minister and the Ministers cannot be Representatives in the
Assembly.
The Prime Minister, Deputy Prime Ministers and Ministers are
guaranteed immunity. The Government decides on their immunity.
The Prime Minister, Deputy Prime Ministers and Ministers cannot be
called up for duties in the Armed Forces.
The office of Prime Minister or Minister is incompatible with any
other public office or profession.
The organisation and mode of working of the Government are regulated
by law.
Article 90
The President of the Republic of Macedonia is obliged, within 10 days
of the constitution of the Assembly, to entrust the mandate for
constituting the Government to a candidate from the party or parties
which has/have a majority in the Assembly.
Within 20 days from the day of being entrusted with the mandate, the
mandator submits a programme to the Assembly and proposes the
composition of the Government.
The Government is elected by the Assembly on the proposal of the
mandator and on the basis of the programme by a majority vote of the
total number of Representatives.
Article 91
The Government of the Republic of Macedonia
- determines the policy of carrying out the laws and other
regulations of the Assembly and is responsible for their execution;
- proposes laws, the budget of the Republic and other regulations
adopted by the Assembly;
- proposes a spatial plan of the Republic;
- proposes decisions concerning the reserves of the Republic and sees
to their execution;
- adopts by laws and other acts for the execution of laws;
- lays down principles on the internal organisation and work of the
Ministries and other administrative bodies, directing and
supervising their work;
- provides appraisals of drafts of laws and other acts submitted to
the Assembly by other authorised bodies;
- decides on the recognition of states and governments;
- establishes diplomatic and consular relations with other states;
- makes a decision on opening diplomatic and consular offices abroad;
- proposes the appointment of ambassadors and Representatives of the
Republic of Macedonia abroad and appoints chiefs of consular
offices;
- proposes the Public Prosecutor;
- appoints and dismisses holders of public and other office
determined by the Constitution and laws; and
- performs other duties determined by the Constitution and law.
Article 92
The Government and each of its members are accountable to the
Assembly.
The Assembly may take a vote of no-confidence in the Government.
A vote of no-confidence in the Government may be initiate by a
minimum of 20 Representatives.
The vote of no-confidence in the Government is taken after three days
have elapsed since the last vote, unless proposed by a majority of
all Representatives.
A vote of no-confidence in the Government is adopted by a majority
vote of all the Representatives. If a vote of no-confidence in the
Government is passed, the Government is obliged to submit its
resignation.
Article 93
The Government itself has the right to raise the question of
confidence before the Assembly.
The Government has the right to submit its resignation.
The resignation of the Prime Minister, his/her death or permanent
inability to perform his/her duties entail the resignation of the
Government.
The Government ceases its term of office when the Assembly is
dissolved.
When a vote of no-confidence in the Government has been passed, it
has submitted its resignation, or its term of office has ceased owing
to the dissolution of the Assembly, the same Government remains on
duty until the election of a new Government.
Article 94
A member of the Government has the right to submit his/her
resignation.
The Prime Minister may propose the dismissal of a member of the
Government.
The Assembly decides on the proposal for the dismissal of a member of
the Government at its first meeting following the proposal.
If the Prime Minister dismisses more than one-third of the initial
composition of the Government, the Assembly follows the same
procedure as for the election of a new Government.
Article 95
The state administration consists of Ministers and other
administrative bodies and organisations determined by law.
Political organisation and activities within bodies of state
administration are regulated by a law to be adopted by a two-thirds
majority vote of all Representatives.
Article 96
The bodies of state administration perform the duties within their
sphere of competence autonomously and on the basis and within the
framework of the Constitution and laws, being accountable for their
work to the Government.
Article 97
The bodies of state administration in the fields of defence and the
police are to be headed by civilians who have been civilians for at
least three years before their election to these offices.
4. The Judiciary
Article 98
Judiciary power is exercised by courts.
Courts are autonomous and independent. Courts judge on the basis of
the Constitution and laws and international agreements ratified in
accordance with the Constitution.
There is one form of organisation for the judiciary.
Emergency courts are prohibited.
The types of courts, their spheres of competence, their
establishment, abrogation, organisation and composition, as well as
the procedure they follow are regulated by a law adopted by a
majority vote of two-thirds of the total number of Representatives.
Article 99
A judge is elected without restriction of his/her term of office.
A judge cannot be transferred against his/her will.
A judge is discharged
-
if he/she so requests;
- if he/she permanently loses the capability of carrying out a
judge's office, which is determined by the Republican Judicial
Council;
- if he/she fulfils the conditions for retirement;
- if he/she is sentenced for a criminal offence to a prison term of a
minimum of six months;
- owing to a serious disciplinary offence defined in law, making
him/her unsuitable to perform a judge's office as decided by the
Republican Judicial Council; and
- owing to unprofessional and unethical performance of a judge's
office, as decided by the Republican Judicial Council in a
procedure regulated by law.
Article 100
Judges are granted immunity.
The Assembly decides on the immunity of judges.
The performance of a judge's office is incompatible with other public
office, profession or membership in a political party.
Political organisation and activity in the judiciary is prohibited.
Article 101
The Supreme Court of Macedonia is the highest court in the Republic,
providing uniformity in the implementation of the laws by the courts.
Article 102
Court hearings and the passing of verdicts are public.
The public can be excluded in cases determined by law.
Article 103
The court tries cases in council.
The law determined cases in which a judge can sit alone.
Jury judges take part in a trial in cases determined by law.
Jury judges cannot be held answerable for their opinions and
decisions concerning their verdict.
Article 104
The Republican Judicial Council is composed of seven members.
The Assembly elects the members of the Council.
The members of the Council are elected from the ranks of outstanding
members of the legal profession for a term of six years with the
right to one reelection.
Members of the Republican Judicial Council are granted immunity. The
Assembly decides on their immunity.
The office of a member of the Republican Judicial Council is
incompatible with the performance of other public offices,
professions or membership in political parties.
Article 105
The Republican Judicial Council
- proposes to the Assembly the election and discharge of judges and
determines proposals for the discharge of a judge's office in cases
laid down in the Constitution;
- decides on the disciplinary answerability of judges;
- assesses the competence and ethics of judges in the performance of
their office; and
- proposes two judges to sit on the Constitutional Court of
Macedonia.
5. The Public Prosecutor's Office
Article 106
The Public Prosecutor's Office is a single and autonomous state body
carrying out legal measures against persons who have committed
criminal and other offences determined by law; it also performs other
duties determined by law.
The Public Prosecutor's Office carries out its duties on the basis of
and within the framework of the Constitution and law.
The Public Prosecutor is appointed by the Assembly for a term of six
years and is discharged by the Assembly.
Article 107
The Public Prosecutor is granted immunity.
The Assembly decides on his/her immunity.
The office of the Public Prosecutor is incompatible with the
performance of any other public office, profession or membership in a
political party.
IV. THE CONSTITUTIONAL COURT OF MACEDONIA
Article 108
The Constitutional Court of Macedonia is a body of the Republic
protecting constitutionality and legality.
Article 109
The Constitutional Court of Macedonia is composed of nine judges.
The Assembly elects the judges to the Constitutional Court by a
majority vote of the total number of Representatives. The term of
office of the judges is nine years without the right to reelection.
The Constitutional Court elects a President from its own ranks for a
term of three years without the right to reelection.
Judges of the Constitutional Court are elected from the ranks of
outstanding members of the legal profession.
Article 110
The Constitutional Court of Macedonia.
- decides on the conformity of laws with the Constitution;
- decides on the conformity of collective agreements and other
regulations with the Constitution and laws;
- protects the freedoms and rights of the individual and citizen
relating to the freedom of communication, conscience, thought and
activity as well as to the prohibition of discrimination among
citizens on the grounds of sex, race, religion or national, social
or political affiliation;
- decides on conflicts of competency among holders of legislative,
executive and judicial offices;
- decides on conflicts of competency among Republic bodies and units
of local self-government;
- decides on the answerability of the programmes and status of
political parties and associations of citizens; and
- decides on other issues determined by the Constitution.
Article 111
The office of judge of the Constitutional Court is incompatible with
the performance of other public office, profession or membership in a
political party.
Judges of the Constitutional Court are granted immunity. The
Constitutional Court decides on their immunity.
Judges of the Constitutional Court cannot be called up for duties in
the Armed Forces.
The office of a judge of the Constitutional Court ceases when the
incumbent resigns. A judge of the Constitutional Court shall be
discharged from office if sentenced for a criminal offence to
unconditional imprisonment of a minimum of six months, or if he/she
permanently loses the capability of performing his/her office, as
determined by the Constitutional Court.
Article 112
The Constitutional Court shall repeal or invalidate a law if it
determines that the law does not conform to the Constitution.
The Constitutional Court shall repeal or invalidate a collective
agreement, other regulation or enactment, statue or programme of a
political party or association, if it determines that the same does
not conform to the Constitution or law.
The decisions of the Constitutional Court are final and executive.
Article 113
The mode of work and the procedure of the Constitutional Court are
regulated by the enactment of the Court.
V. LOCAL SELF-GOVERNMENT
Article 114
The right of citizens to local self-government is guaranteed.
Municipalities are units of local self-government.
Within municipalities forms of neighbourhood self-government may be
established.
Municipalities are financed from their own sources of income
determined by law as well as by funds from the Republic.
Local self-government is regulated by a law adopted by a two-thirds
majority of the total number of Representatives.
Article 115
In units of local self-government, citizens directly and through
representatives participate in decision-making on issues of local
relevance particularly in the fields of urban planning, communal
activities, culture, sport, social security and child care, preschool
education, primary education, basic health care and other fields
determined by law.
The municipality is autonomous in the execution of its
constitutionally and legally determined spheres of competence;
supervision of the legality of its work is carried out by the
Republic.
The carrying out of specified matters can by law be entrusted to the
municipality by the Republic.
Article 116
The territorial division of the Republic and the area administered
by each municipality are defined by law.
Article 117
The City of Skopje is a particular unit of local self-government the
organisation of which is regulated by law.
In the City of Skopje, citizens directly and through representatives
participate in decision-making on issues of relevance for the City of
Skopje particularly in the field of urban planning, communal
activities, culture, sport, social security and child care, preschool
education, primary education, basic health care and other fields
determined by law.
The City of Skopje is financed from its own sources of income
determined by law, as well as by funds from the Republic.
The City is autonomous in the execution of its constitutionally
and legally determined spheres of competence; supervision of the
legality of its work is carried out by the Republic.
By law, the Republic can entrust the carrying out of specified
matters to the City.
VI. INTERNATIONAL RELATIONS
Article 118
The international agreements ratified in accordance with the
Constitution are part of the internal legal order and cannot be
changed by law.
Article 119
International agreement are concludes in the name of the Republic of
Macedonia by the President of the Republic of Macedonia.
International agreements may also be concludes by the Government of
the Republic of Macedonia, when it is so determined by law.
Article 120
A proposal for association in a union or community with other states
or for dissociation from a union or community with other states may
be submitted by the President of the Republic, the Government or by
at least 40 Representatives.
The proposal for association in or dissociation from a union or
community with other states is accepted by the Assembly by a
two-thirds majority vote of the total number of Representatives.
The decision of association in or dissociation from a union or
community with other states is adopted if it us upheld in a
referendum by the majority of the total number of voters in the
Republic.
Article 121
A decision of association or dissociation concerning membership in
international organisations is adopted by the Assembly by a majority
vote
of the total number of Representatives of the Republic, the
Government or at least 40 Representatives of the Assembly.
VII. THE DEFENCE OF THE REPUBLIC AND
STATES OF WAR AND EMERGENCY
Article 122
The Armed Forces of the Republic of Macedonia protect the territorial
integrity and independence of the Republic.
The defence of the Republic is regulated by a law adopted by a
two-thirds majority vote to the total number of Representatives.
Article 123
No person is authorised to recognise occupation of the Republic of
Macedonia or of part thereof.
Article 124
A state of war exists when direct danger of military attack on the
Republic is impending, or when the Republic is attacked, or war is
declared on it.
A state of war is declared by the Assembly by a two-thirds majority
vote of the total number of Representatives of the Assembly, on the
proposal of the President of the Republic,
the Government or at least
30 Representatives.
If the Assembly cannot meet, the decision on the declaration of a
state of war is made by the President of the Republic who submits it
to the Assembly for confirmation as soon as it can meet.
Article 125
A state of emergency exists when major natural disasters or epidemics
take place.
A state of emergency on the territory of the Republic of Macedonia or
on part thereof is determined by the Assembly on a proposal by the
President of the Republic, the Government or by at least 30
Representatives.
The decision to establish the existence of a state of emergency is
made by a two-thirds majority vote of the total number of
Representatives and can remain in force for a maximum of 30 days.
If the Assembly cannot meet, the decision to establish the existence
of a state of emergency is made by the President of the Republic, who
submits it to the Assembly for confirmation as soon as it can meet.
Article 126
During a state of war or emergency, the Government, in accordance
with the Constitution and law, issues decrees with the force of law.
The authorisation of the Government to issue decrees with the force
of law lasts until the termination of the state of war or emergency,
on which the Assembly decides.
Article 127
During a state of war, if the Assembly cannot meet, the President of
the Republic may appoint and discharge the Government, as well as
appoint or dismiss officials whose election is within the sphere of
competence of the Assembly.
Article 128
The mandate of the judges of the Constitutional Court of Macedonia,
as well as members of the Republican Judicial Council is extended
for the duration of the state of war or emergency.
VII. CHANGES IN THE CONSTITUTION
Article 129
The Constitution of the Republic of Macedonia can be changed or
supplemented by constitutional amendments.
Article 130
A proposal to initiate a change in the Constitution of the Republic
of Macedonia may be made by the President of the Republic, by the
Government, by at least 30 Representatives, or by 150,000 citizens.
Article 131
The decisions to initiate a change in the Constitution is made by the
Assembly by a two-thirds majority vote of the total number of
Representatives.
The draft amendment of the Constitution is confirmed by the Assembly
by a majority vote of the total number of Representatives and then
submitted to public debate.
The decision to change the Constitution is made by the Assembly by a
two-thirds majority vote of the total number of Representatives.
The change in the Constitution is declared by the Assembly.
IX. TRANSITIONAL AND FINAL CLAUSES
Article 132
Time of residence in other republics in the Socialist Federal
Republic of Yugoslavia is also included in the time span specified in
Article 80, Paragraph 5.
Article 133
A Constitution Act shall be adopted for the implementation of the
Constitution.
The Constitution Act is adopted by a two-thirds majority vote of the
total number of Representatives.
The Constitution Act is declared by the Assembly and comes into force
simultaneously with the declaration of the Constitution.
Article 134
This Constitution comes into force on the day it is declared in the
Assembly of the Republic of Macedonia.
AMENDMENTS TO THE CONSTITUTION OF THE
REPUBLIC OF MACEDONIA
Amendment I
1. The Republic of Macedonia has no
territorial pretensions towards
any neighbouring state.
2. The borders of the Republic of
Macedonia can only be changed in
accordance with the Constitution and on the principle of free will,
as well in accordance with generally accepted international norms.
3. Clause 1. of this Amendment is an
Addendum to Article 3 of the
Constitution of the Republic of Macedonia. Clause 2. replaces
Paragraph 3 of the same Article.
Amendment II
1. In the exercise of this concern the
Republic will not interfere in
the sovereign rights of other states or in their internal affairs.
2. This Amendment is an Addendum to
Paragraph 1 of Article 49 of the
Constitution of the Republic of Macedonia.
These Amendments are an integral part of the Constitution of the
Republic of Macedonia and came into force on the day they were
promulgated, on January 6th, 1992.
.