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
Article
55
The freedom of the market and
enterpreneurship 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
enterpreneurship 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 organization and work of the National
Bank are regulated by law.
III. THE ORGANIZATION 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 organization 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 Representative 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 low adopted by a 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 of 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 is 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 sentenced 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 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
of 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 and
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;
- elects judges to the Constitutional Court
of the Republic of Macedonia;
- carries out elections and discharges
judges;
- selects, appoints and dismisses other
holders of public and other office 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 authorized 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 of its members
individually, as well as on issues concerning the performance of state bodies.
Interpellation 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 voters 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 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 reconsiders the law and
the President of the Republic is then obliged to sign the promulgation in so
far as it is adopted by a majority vote of the total number of Representatives.
The President is obliged 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 commission
may be submitted by a minimum of 20 Representatives.
The Assembly sets up 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 organizations 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 from 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 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 is elected in
general and direct elections, by secret ballot, for a term of five years.
A person may be elected President of the
Republic 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 at least 40 on the day of election.
A person may not be elected President of the
Republic if, on the day of 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 makes a solemn declaration before the Assembly of his/her commitment
to respect the Constitution and the 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 cessation of 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 perform his/her duties, the President of the Assembly
deputizes 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 of judges on any case for
withholding immunity 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
violation 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, and Ministers are granted
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 organization 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 bylaws and other acts for the
execution of laws;
- lays down principles on the internal
organization 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 authorized bodies;
- decides on the recognition of states and
governments;
- establishes diplomatic and consular
relations with other states;
- makes decisions 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 initiated by a minimum of 20 Representatives.
The vote of no-confidence in the Government
is taken after three days have elapsed from the day of its proposal.
Another vote of no-confidence in the
Government may not be proposed before 90 days have elapsed since the last such
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 go 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
Ministries and other administrative bodies and organizations determined by law.
Political organization and activities within
bodies of state administration are prohibited.
The organization and work of the 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 organization for the
judiciary.
Emergency courts are prohibited.
The types of courts, their spheres of
competence, their establishment, abrogation, organization 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 fulfills 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 in incompatible with other public office, profession or membership in a
political party.
Political organization and activity in the
judiciary is prohibited.
Article
101
The Supreme Court of the Republic 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 determines 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
wears 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 the Republic 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 THE REPUBLIC OF
MACEDONIA
Article
108
The Constitutional Court of the Republic of
Macedonia is a body of the Republic protecting constitutionality and legality.
Article
109
The Constitutional Court of the Republic 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 the Republic 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 conviction, conscience,
thought and public expression of thought, political association and activity as
well as to the prohibition of discrimination among citizens on the ground 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
President of the Republic;
- decides on the constitutionality of the
programmes and statutes 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, statute 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 an 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 vote 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 organization 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 filed 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 agreements are concluded in the
name of the Republic of Macedonia by the President of the Republic of
Macedonia. International agreements may also be concluded 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 is adopted if it is 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 organizations is adopted by the Assembly
by a majority vote of the total number of Representatives of the Assembly and
proposed by the President 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 of the total number of
Representatives.
Article
123
No person is authorized to recognize
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 authorization 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 the 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.
VIII. 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 in 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 decision 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 to 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.
X.AMENDMENTS TO THE
CONSTITUTION
OF THE REPUBLIC OF MACEDONIA
Amendment
I
1. The Republic of Macedonia has no
territorial pretensions towards any neighboring 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 as 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.
TABLE OF
CONTENTS
INTRODUCTORY NOTE .............. 2
I. BASIC PROVISIONS .............. 3
II. BASIC FREEDOMS AND
RIGHTS
OF THE INDIVIDUAL AND
CITIZEN ..............
5
1. Civil and Political
Freedoms
and Rights .............. 5
2. Economic, Social and
Cultural Rights .............. 9
3. Guarantees of Basic
Freedoms
and Rights .............. 12
4. Foundations for
Economic
Relations .............. 14
III. THE ORGANIZATION OF
STATE
AUTHORITY .............. 15
1. The Assembly of the
Republic
of Macedonia .............. 15
2. The President of the
Republic
of Macedonia .............. 20
3. The Government of
the Republic
of Macedonia .............. 23
4. The Judiciary ..............
25
5. The Public
Prosecutor’s Office ..............
27
IV. THE CONSTITUTIONAL COURT
OF
THE REPUBLIC OF
MACEDONIA .............. 28
V. LOCAL SELF-GOVERNMENT .............. 29
VI. INTERNATIONAL RELATIONS .............. 31
VII. DEFENCE OF THE REPUBLIC
AND STATES OF WAR AND
EMERGENCY ..............
31
VIII. CHANGES IN THE
CONSTITUTION .............. 33
IX. TRANSITIONAL AND FINAL
CLAUSES ..............
34
X. AMENDMENTS TO THE
CONSTITUTION
OF THE REPUBLIC OF
MACEDONIA ..............
34