CONSTITUTION OF THE FYROM
The Constitution
of the FYROM was adopted by the Parliament of the FYROM on the 17th of
November 1991, effective 20 November 1991. Primarily due to concerns of
the Hellenic Republic, two amendments
were added on 6 January 1992. Pursuant to persisting objections, the FYROM
signed an Interim
Accord with the Hellenic Republic in New York on 13 September 1995,
with further binding
interpretations of the articles in dispute.
Additional Sources: University of
Hamburg (Mirror at
MIT), Plamen Bliznakov's "Republic
of Macedonia" Home Page.
CONTENTS
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
The Republic of Macedonia is a sovereign, independent, democratic and
social state.
The sovereignty of the Republic of Macedonia is indivisible,
inalienable and nontransferable.
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.
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.
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.
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.
The Capital of the Republic of Macedonia is Skopje.
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.
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
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.
The human right to life is irrevocable.
The death penalty shall not be imposed on any grounds whatsoever in the
Republic of Macedonia.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Every citizen has the right to take part in the performance of public
office.
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.
Each citizen is guaranteed the respect and protection of the privacy of
his/her personal and family life and his/her dignity and repute.
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.
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.
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.
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.
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.
Foreign subjects in the Republic of Macedonia may acquire the right of
ownership of property under conditions determined by law.
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.
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.
Citizens have a right to social security and social insurance,
determined by law and collective agreement.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Everyone has a right to education.
Education is accessible to everyone under equal conditions.
Primary education is compulsory and free.
Citizens have a right to establish private schools at all levels of
education, with the exception of primary education, under conditions
determined by law.
The autonomy of universities is guaranteed.
The conditions of establishment, performance and termination of the
activities of a university are regulated by law.
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.
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.
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
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.
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.
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.
Attorneyship is an autonomous and independent public service, providing
a legal assistance and carrying out public mandates in accordance with the
law.
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
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
The Supreme Court of Macedonia is the highest court in the Republic,
providing uniformity in the implementation of the laws by the courts.
Court hearings and the passing of verdicts are public.
The public can be excluded in cases determined by law.
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.
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.
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
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.
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
The Constitutional Court of Macedonia is a body of the Republic
protecting constitutionality and legality.
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.
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.
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.
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.
The mode of work and the procedure of the Constitutional Court are
regulated by the enactment of the Court.
V. LOCAL SELF-GOVERNMENT
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.
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.
The territorial division of the Republic and the area administered by
each municipality are defined by law.
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
The international agreements ratified in accordance with the
Constitution are part of the internal legal order and cannot be changed by
law.
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.
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.
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
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.
No person is authorised to recognise occupation of the Republic of
Macedonia or of part thereof.
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.
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.
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.
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.
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.
VIII. CHANGES IN THE CONSTITUTION
The Constitution of the Republic of Macedonia can be changed or
supplemented by constitutional amendments.
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.
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
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.
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.
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
- The Republic of Macedonia has no territorial
pretensions towards any neighbouring state.
- 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.
- 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.
- In the exercise of this concern the Republic will not interfere in
the sovereign rights of other states or in their internal affairs.
- 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. | 
