C
O N S T I T U T I O N
OF
THE
REPUBLIC OF MACEDONIA
Skopje,
1991
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
for 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 the 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, Romanies 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 inalienable.
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
neither 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, recognized 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;
- political pluralism and free, direct and
democratic elections;
- the legal protection of property;
- the freedom of the market and
enterpreneurship;
- 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 of 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 a 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 period 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 had not been declared an offence punishable by law, or by other acts,
prior to its being committed, and for which no punishment had been prescribed.
No person may be tried in a court of law for
an offence for 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,
organization 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 authorize
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 separate from the state and equal before
the law.
The Macedonian Orthodox Church and other
religious communities and groups are free to establish schools and other social
and charitable institutions, by way 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 license.
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 practice
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 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 of 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
chose 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
citizen 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 the 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 position 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 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
organizations.
The law may restrict the conditions for the
exercise of the right to trade union organization 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 infirm 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 at
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 expatriates, 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
or 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 publication 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 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