Decision U.no.102/2005

U.no.102/2005

On the basis of Articles 110 and 112 of the Constitution of the Republic of Macedonia and Article 14 paragraph 2 and Article 70 of the Book of Procedures of the Constitutional Court of the Republic of Macedonia (»Official Gazette of the Republic of Macedonia«, no.70/1992), at its session held on 21 and 22 December 2005, the Constitutional Court of the Republic of Macedonia made the following

DECISION

1. Article 6 of the Law on Changing and Supplementing the Law on Secondary Education (»Official Gazette of the Republic of Macedonia«, no.55/2005) IS REPEALED.

2. This decision generates legal effects from the date of its publication in the »Official Gazette of the Republic of Macedonia«.

3. The Constitutional Court of the Republic of Macedonia with its Resolution U.no.102/2005 of 26 October 2005, upon the initiative of Velko Naumoski from Skopje, instigated a procedure for the appraisal of the constitutionality of Article 6 of the Law noted in item 1 of this Decision.

The procedure was initiated since there was a well-founded question put before the Court as to whether this legal provision questions the constitutional principle of the rule of law and legal safety.

4. At its session, the Court found that on 5 July 2005 the Assembly of the Republic of Macedonia adopted the Law on Changing and Supplementing the Law on Secondary Education (»Official Gazette of the Republic of Macedonia«, no.55/2005).

Article 6 of this Law changes Article 115 of the Law on Secondary Education to read as follows« »Students who complete their gymnasium education, art education, three- and four-year vocational education in the 2005/2006 school year, shall take final examination under the provisions of the Rulebook for the contents and organisation of the final examination in secondary education (»Official Gazette of the Republic of Macedonia«, nos.59/1994 and 66/1994).

The Court has also found that the 1994 Rulebook for the contents and organisation of the final examination in secondary education has become ineffective and is not in the legal order of the Republic of Macedonia with the very adoption of the Law on Secondary Education (»Official Gazette of the Republic of Macedonia«, no.44/1995), since with this Law the Rulebook lost the ground for its adoption.

In addition, this Rulebook has ceased to be valid also pursuant to Article 44 of the Rulebook for the manner of taking and evaluating the results of the students in the final examinations in secondary vocational education (»Official Gazette of the Republic of Macedonia«, no.8/2005) which was repealed by the Constitutional Court of the Republic of Macedonia with its Decision U.no.31/2005 of 15 June 2005.

5. Pursuant to Article 8 paragraph 1 point 3 of the Constitution, the rule of law is the fundamental value of the constitutional order of the Republic of Macedonia.

Given that Article 6 of the Law on Changing and Supplementing the Law on Secondary Education establishes validity of the Rulebook for the contents and organisation of the final examination in secondary education (»Official Gazette of the Republic of Macedonia«, nos.59/1994 and 66/1994) which undoubtedly has ceased to be valid altogether and is no longer part of the legal order of the state, the Court judges that Article 6 is not in accordance with the Constitution in view of the legal safety as an element of the principle of the rule of law.

6. On the basis of what has been stated, the Court has decided as in item 1 of this Decision.

7. The Court has passed this decision in the following composition: the President of the Court Mrs liljana Ingilizova – Ristova, and the judges: Dr Trendafil Ivanovski, Mr Mahmut Jusufi, Mrs Mirjana Lazarova Trajkovska, Mrs Vera Markova, Mr Branko Naumoski, Dr Bajram Polozani, Mr Igor Spirovski, and Dr Zoran Sulejmanov.

U.no.102/2005
21 and 22 December 2005
S k o p j e

PRESIDENT
of the Constitutional Court of the Republic of Macedonia
Liljana Ingilizova – Ristova

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