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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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