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