Pursuant to Article 53 of the Act of the Constitutional Court of the Republic of North Macedonia,
(1) Any natural or legal person who believes that an individual act or action by a state authority, a body of a local self-government unit, or another entity exercising public authorisations has infringed upon their freedom or right, as established in Article 110, paragraph 3 of the Constitution, may submit a request to the Constitutional Court for protection thereof.
(2) A request may also be submitted on behalf of another person by the Ombudsman.
(3) A request may be submitted after all ordinary and extraordinary legal remedies against the individual act have been exhausted, within 60 days from the receipt of the final decision, or within 60 days from becoming aware of the action undertaken, but not later than one year from the date of the action.
(4) The request must mandatorily include: the full name or the legal entity’s name; the unique personal identification number of the citizen or the registration number (EMBS) for legal entities; the place of residence or registered office; the full name of the authorised representative; information regarding the individual act that allegedly violated the freedoms and rights, or a description of the action that allegedly resulted in such violation; a specification of the freedoms and rights guaranteed by Article 110, paragraph 3 of the Constitution that are alleged to have been violated; a statement of the nature of the violation; and the signature of the applicant or of the person granted special authorisation to submit the request to the Constitutional Court.
(5) The request must be accompanied by the contested individual act, evidence that legal remedies have been exhausted, and any other documentation relevant to the decision-making process.
A request for the protection of freedoms and rights submitted electronically, in accordance with Article 53 of the Act of the Constitutional Court, must contain the following:
- The full name or name of the legal entity, if the applicant is a legal person;
- The unique personal identification number of the citizen, or the registration number (EMBS) for legal entities;
- The place of residence or temporary residence, or the registered office of the legal entity;
- The full name of the authorised representative;
- Information on the individual act which the applicant considers to have infringed their freedoms and rights, or a description of the action by which the freedoms and rights were allegedly infringed;
- Specification of the freedoms and rights set out in Article 110, paragraph 3 of the Constitution which the applicant considers to have been infringed;
- A statement of the nature of the violation; the signature of the applicant or the person granted special authorisation to submit the request to the Constitutional Court.
The contested individual act, evidence of exhaustion of legal remedies, and other relevant supporting documentation must also be submitted together with the request.
NOTE:
All requests submitted electronically must be signed by hand and scanned, or signed using an electronic signature.
For requests submitted by natural persons via an authorised representative, the power of attorney must also be signed by hand and scanned, or signed using an electronic signature.
Requests submitted by legal entities must be submitted through the legal representative. If another person is authorised to submit the request, the power of attorney must also be signed by hand and scanned, or signed using an electronic signature.
Templates outlining the required contents of the request are provided below.
The templates have been created to assist applicants in their submissions to the Constitutional Court of the Republic of North Macedonia and are not mandatory.