Legal basis and status

a) The Constitution of the Republic of Macedonia specially defines the base, composition, competence and legal effect of the Constitutional Court decisions.

According to the Constitution, the Court with an act of its own, regulates the work and procedure before the Constitutional Court. The Rules of Procedure of the Constitutional Court of the Republic of Macedonia passed on October 7, 1992 is that kind of act.

b) According to the Constitution of the Republic of Macedonia, 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 President of the Republic of Macedonia represents the Republic, the Government of the Republic of Macedonia is the bearer of the executive power, whereas the judicial power rests with the courts. All these organs, in accordance with the system of separation of powers, exercise their rights and competences on the bases of and within the framework of the Constitution and laws. In that respect, the Constitutional Court of the Republic of Macedonia is an organ protecting the constitutionality and legality.

Considered through the prism of the relationships of different bearers of power in organization of the state government, the Constitutional Court, in accordance with its constitutional status, does not belong in the system of separation of power, but is a special constitutional body with a status, composition, organization and competences properly defined within the Constitution itself. Organizationally and functionally it does not descend from the legislative organ, nor it is accountable to. The protection of the constitutionality and legality does not represent any exercise of state power and is an autonomous and independent function; therefore, its exercising is beyond any form of established relationships between the legislative and executive power. In accordance with this, the Constitutional Court is one of the factors for implementation of the Constitution and with this it realizes the relationships defined by the Constitution as content of the organization of power. This organ, as all the other constitutional bodies, is an institution of the Constitution whose base and boundaries of its functions are solely taken from the Constitution and are in function of its realization. This position of the Constitutional Court at the same time guarantees that conditions for realizing the constitutional/judicial function are already protected from alternation by the current bearers of political power regarding adjustment of this function to the present political needs and interests. By virtue of their constitutional defining, comparative durability of these conditions is guaranteed within the durability of the Constitution as the supreme act in the country.

The constitutional status of the Constitutional Court enables the court to distance itself from any political authority while performing its constitutional/judicial function, especially from a political authority presently in power, and continually and persistently perform the duty in its jurisdiction independently of the changes of the bearers of power. Regardless of the intensity and the scope of performing its functions, the Constitutional Court is constantly active in guaranteeing the protection of the constitutionality and legality. Thus, this organ becomes a guarantee for enabling the rule of law and is a real society factor in implementing the Constitution and eliminating the arbitrary and free interpretation, realization and implementation of the Constitution and laws. In the period of transition the Constitutional Court through its work did not allow or so to say avoided the danger of assuming elements of the executive body of the operative everyday politics or becoming a subordinate organ of the legislative and executive power.

The Constitutional Court does not make a law and does not determine what law is, but states what unlawful is. It does not stipulate original norms, but examines, evaluates and finally decides upon whether the given norms and the established relationships are in accordance with the Constitution and the laws. Constitutional Court decisions are a consequence of the breaking of the Constitution or the law and consequently have an intervention character. The essence of this function is the essence of the constitutionality and legality and the rule of law, implying that there is no higher constitution that the Constitution and there in no higher law that the law; no one has more power than the one delegated by the Constitution and the laws, no one should tolerate violence upon one’s personality; every person has the right to exercise the widely accepted and recognized freedoms and rights; no one has the right to abuse those freedoms and rights, and every person is obliged to discharge one’s duties and responsibilities.

The Constitutional Court within its competences and duties is increasingly becoming a social factor which, with respect of the principle of separation of power, strengthens the relationships among their bearers, affirms their special position and raises the confidence of the citizens in the constitutionality and legality as significant components of the entire system of the country. Securing the supreme position of the Constitution over the laws and all the other regulations, the Constitutional Court secures the coexistence of the legal system.

In reality, as a result of the Constitutional Court’s position and status, the submitted initiatives for commencement of a procedure for determining the constitutionality and legality of many laws and other regulations are becoming more numerous as well as the requests for protection of certain freedoms and human and citizens’ rights, which, undoubtedly, is an expression and confirmation of the democratization of the relationships in the society and greater confidence of the citizens in the Constitutional Court as a protector of the constitutionality and legality. The Constitutional Court may not always and entirely grant the requests and initiatives due to their groundlessness and the character and range of its competence, but never as a result of opportunism or protection of the respectability of whatever organ. The Constitutional Court does not recognize unerring subjects nor it seeks mistakes at any cost.