Constitutional Court
of the Republic of North Macedonia
UZ.No.57/2025 and UZ.No.58/2025
Skopje, 17.09.2025
Acting pursuant to Article 110 of the Constitution of the Republic of North Macedonia and Article 73 of the Act of the Constitutional Court of the Republic of North Macedonia (Official Gazette of the Republic of North Macedonia No. 115/2024), at the session held on 17 September 2025, the Constitutional Court of the Republic of North Macedonia, composed of Darko Kostadinovski LLD, President of the Court, and the judges Naser Ajdari, Tatjana Vasić-Bozadžieva LLM, Jadranka Dabović-Anastasovska LLD, Osman Kadriu LLD, Dobrila Kacarska, Ana Pavlovska-Daneva LLD, and Fatmir Skender LLM, adopted the following
RESOLUTION
1. NO PROCEEDINGS SHALL BE INITIATED for the review of the constitutionality and legality of point 4 of the Rulebook on Regulating the Procedure for the Collection of Signatures in Support of Candidate Lists Submitted by a Group of Voters and the Manner of Determining Notaries, for the 2025 Local Elections, No. 08-1708/1 of 17.08.2025, adopted by the State Election Commission.
2. This Resolution shall be published in the “Official Gazette of the Republic of North Macedonia”.
Reasoning
I
The Association “World Macedonian Congress” from Skopje and Stevče Stojanov from Novo Konjarevo village, No. 025A, Municipality of Novo Selo, Strumica region, submitted initiatives to the Constitutional Court of the Republic of North Macedonia seeking the initiation of proceedings for the review of the constitutionality and legality of the contested provision of the Rulebook referred to in the operative part of this Resolution.
According to the allegations set out in the initiatives, the contested Rulebook is not in conformity with Article 8 paragraph 1 indents 3 and 5, Articles 22, 23, 51, 54, 61, and Article 68 paragraph 1 indent 2 of the Constitution of the Republic of North Macedonia.
In the initiative submitted by the Association “World Macedonian Congress” from Skopje, it is alleged that the adoption of the contested Rulebook violates the Electoral Code and Article 8 paragraph 1 indents 3 and 5, Articles 22, 23, 51, and Article 54 paragraph 1 of the Constitution of the Republic of North Macedonia.
The applicant analyses the Constitutional Court Decision U.No.186/2024 of 20 May 2025 and points out that the State Election Commission, by abusing its position, function and powers, suspended that decision by adopting the Rulebook on Regulating the Procedure for the Collection of Signatures in Support of Candidate Lists Submitted by a Group of Voters and the Manner of Determining Notaries, for the 2025 Local Elections, No. 08-1708/1 of 17.08.2025.
Furthermore, the applicant considers that, although the electoral time limits are ongoing, the State Election Commission, acting beyond its powers, by means of a by-law prescribed conditions for the exercise of the right to vote and the right of citizens to participate in the performance of public offices, contrary to the Constitution, the Electoral Code and the Decision of the Constitutional Court, even though this fall within the scope of statutory matters.
The initiative predominantly contains general allegations, without a specific explanation of the alleged violation of particular provisions of the law and the remaining constitutional provisions, that is, without clarification as to what manner alleged violation consists.
According to the applicant Stevče Stojanov, by the adoption of the contested Rulebook, Article 8 paragraph 1 indent 3, Articles 51 and 61, and Article 68 paragraph 1 indent 2 of the Constitution of the Republic of North Macedonia have been violated.
Namely, point 4 of the Rulebook of the State Election Commission lays down a rule concerning support for a candidate list for members of a council, or a list of candidates for mayor, submitted by a “group of voters”, which must be signed by at least two voters, and by regulating the matter in this manner, the State Election Commission exceeded its statutory framework and assumed the role of the legislator, thereby violating the principle of the rule of law and infringing Articles 51 and 61 and Article 68 paragraph 1 indent 2 of the Constitution of the Republic of North Macedonia.
In view of the above, the initiatives request that the Constitutional Court initiate proceedings in respect of the contested Rulebook and annul it, and, pending the adoption of a final decision, propose, pursuant to Article 37 paragraph 1 of the Act of the Constitutional Court of the Republic of North Macedonia, that the Court adopt a resolution suspending the execution of individual acts and actions undertaken on the basis of the contested provisions.
II
At the session, the Court established that the State Election Commission, on the basis of Article 31 paragraph 2 point 2, in conjunction with Article 63 paragraph 2 of the Electoral Code (Official Gazette of the Republic of Macedonia No. 40/2006, 136/2008, 148/2008, 155/2008, 163/2008, 44/2011, 51/2011, 54/2011, 142/2012, 31/2013, 34/2013, 14/2014, 30/2014, 196/2015, 35/2016, 97/2016, 136/2016, 142/2016, 67/2017, 125/2017, 35/2018, 99/2018, 140/2018, 208/2018 and 27/2019, and Official Gazette of the Republic of North Macedonia No. 98/2019, 42/2020, 74/2021, 215/2021, 58/2024, 76/2024 and 116/2024), and Articles 58 paragraphs 1 and 7 of the Rules of Procedure of the State Election Commission No. 01-2772/1 (adopted on 30 December 2022), adopted the Rulebook on Regulating the Procedure for the Collection of Signatures in Support of Candidate Lists Submitted by a Group of Voters and the Manner of Determining Notaries, for the 2025 Local Elections, No. 08-1708/1 of 17.08.2025.
Point 1 of the Rulebook provides that the right to submit lists of candidates for members of a council, or a list of candidates for mayor, belongs to registered political parties, acting independently, coalitions, as well as to a group of voters.
Point 4 provides that, where the submitters of a list of candidates for members of a council, or a list of candidates for mayor, are a group of voters, the initiative to submit a proposed candidate list must be confirmed before the regional departments or regional offices of the State Election Commission by means of a valid personal identification document, with a residential address within the relevant municipality for which the candidate list is submitted, and that, in support thereof, at least two voters must sign the prescribed form. The signatures in support shall be collected within the time period in accordance with Article 63 paragraph 3 of the Electoral Code, during the working hours of the regional departments and offices, from 8:30 a.m. to 4:30 p.m.
III
Pursuant to Article 2 of the Constitution, in the Republic of North Macedonia sovereignty derives from and belongs to the citizens. The citizens of the Republic of North Macedonia exercise power through democratically elected representatives, by referendum, and through other forms of direct expression.
Article 8 of the Constitution establishes, as fundamental values of the constitutional order of the Republic of North Macedonia, the basic freedoms and rights of the individual and the citizen recognised by international law and laid down in the Constitution, the rule of law, as well as political pluralism and free, direct and democratic elections.
Pursuant to Article 9 of the Constitution, the citizens of the Republic of North Macedonia are equal in their freedoms and rights regardless of sex, race, colour of skin, national and social origin, political and religious belief, property and social status. Citizens are equal before the Constitution and the laws.
According to Article 20 paragraph 1 of the Constitution, citizens are guaranteed the freedom of association for the purpose of exercising and protecting their political, economic, social, cultural and other rights and beliefs.
Article 22 of the Constitution provides that every citizen who has reached the age of 18 acquires the right to vote. The right to vote is equal, universal and direct and is exercised in free elections by secret ballot. Persons deprived of legal capacity do not have the right to vote.
Pursuant to Article 23 of the Constitution, every citizen has the right to participate in the performance of public office.
According to Article 51 of the Constitution, in the Republic of North Macedonia laws must be in conformity with the Constitution, and all other regulations must be in conformity with the Constitution and the laws. Everyone is obliged to respect the Constitution and the laws.
Article 54 paragraph 1 of the Constitution provides that the freedoms and rights of the individual and the citizen may be restricted only in cases determined by the Constitution. The freedoms and rights of the individual and the citizen may be restricted during a state of war or a state of emergency in accordance with the provisions of the Constitution (paragraph 2).
Pursuant to Article 61 of the Constitution, the Assembly of the Republic of North Macedonia is the representative body of the citizens and the holder of the legislative power of the Republic. Article 62 paragraph 2 of the Constitution provides that Members of Parliament are elected in general, direct and free elections by secret ballot, while paragraph 5 of the same Article stipulates that the manner and conditions for the election of Members of Parliament shall be regulated by a law adopted by a majority of votes of the total number of Members of Parliament.
According to Article 68 of the Constitution of the Republic of North Macedonia, one of the competences of the Assembly is the adoption of laws by which social relations may be regulated.
Pursuant to Article 110 indent 2 of the Constitution, the Constitutional Court of the Republic of North Macedonia decides on the conformity of other regulations and collective agreements with the Constitution and the laws.
By virtue of Article 114 paragraph 1 of the Constitution, citizens are guaranteed the right to local self-government. According to Amendment XVII points 1 and 2 of the Constitution, in the units of local self-government, that is, in the City of Skopje, citizens participate directly and through representatives in decision-making on matters of local significance, that is, of significance for the City of Skopje, in particular in the fields of public services, urban and rural planning, environmental protection, local economic development, local financing, communal activities, culture, sport, social and child protection, education, health care, and in other fields determined by law.
The Electoral Code (Official Gazette of the Republic of Macedonia No. 40/2006, 136/2008, 155/2008 – corrigendum, 163/2008 – corrigendum, 44/2011, 51/2011, 142/2012, 31/2013, 34/2013, 14/2014, No. 30/2014 – corrigendum, 196/2015, 35/2016, 97/2016, 99/2016, 136/2016, 142/2016, 67/2017, 125/2017, 35/2018, 99/2018, 140/2018, 208/2018 and 27/2019, and Official Gazette of the Republic of North Macedonia No. 98/2019, 42/2020, 74/2021, 215/2021, 58/2024 and 76/2024) regulates the manner, conditions and procedure for the election of the President of the Republic of North Macedonia, for the election of Members of Parliament to the Assembly of the Republic of North Macedonia, for members of municipal councils and the Council of the City of Skopje, for the election of mayors of municipalities and the Mayor of the City of Skopje, the manner and procedure for the registration of the right to vote, the keeping of the Voters’ Register, the determination of the boundaries of electoral units and the determination, amendment and publication of polling stations, as well as the conditions for the functioning of polling stations.
Article 2 point 5 of the Glossary of the Electoral Code provides that a “submitter of a list” means registered political parties or their coalitions registered with the State Election Commission, a group of voters, and Members of Parliament. Point 6 of the Glossary defines a “candidate” as a citizen of the Republic of Macedonia determined by the competent election commission in accordance with this Code, for whom voting shall take place at elections, while point 7 defines an “independent candidate” as a candidate for election as President of the Republic, Member of Parliament, mayor or member of a council who is supported by a “group of voters”. Pursuant to point 21, the “electoral process” is the period from the adoption of the act calling the elections until the publication of the final results of the elections held, at the level of a municipality, the City of Skopje, or the electoral unit in which the election is conducted.
Pursuant to Article 6 paragraph 1 of the Electoral Code, the right to vote is vested in every citizen of the Republic who has reached the age of 18, has legal capacity, and has permanent residence in the electoral unit, the municipality, or the City of Skopje in which the election is conducted.
In Chapter II of the Electoral Code, the manner of calling and holding elections is regulated. Pursuant to Article 12 paragraph 1, the act calling the elections is adopted by the President of the Assembly, and by it the day from which the time limits for the performance of electoral actions commence, as well as the day of the holding of the elections, are determined. Paragraphs 2 and 3 of the same Article provide that the act calling the elections shall be delivered to the State Election Commission, the Ministry of Foreign Affairs and the Ministry of Justice, and that the act calling the elections shall be published in the Official Gazette of the Republic of North Macedonia.
Pursuant to Article 17 of the Electoral Code, the bodies responsible for the conduct of elections are the State Election Commission, the municipal election commissions and the Election Commission of the City of Skopje, the polling boards, and the polling boards for voting in the diplomatic-consular missions of the Republic of North Macedonia, that is, the consular offices.
The Electoral Code regulates the composition, the manner of election, and the grounds for termination of the mandate of the members of the State Election Commission, and determines its competences in the electoral process (Article 31). Pursuant to paragraph 1 of this Article, the State Election Commission ensures legality in the preparation and conduct of elections in accordance with this Code and exercises supervision over the work of the electoral bodies. Inter alia, the State Election Commission issues instructions, explanations and recommendations for the application of the provisions of this Code and other laws relating to electoral matters; prescribes forms for the conduct of elections and forms for the collection of signatures from voters and Members of Parliament for the nomination of candidates, and publishes them in the Official Gazette of the Republic of North Macedonia.
In Chapter V of the Electoral Code, the manner and procedure for the nomination and proposal of candidates are regulated.
According to Article 57 of the Electoral Code, the nomination of candidates for the election of the President of the Republic, candidates for Members of Parliament, candidates for members of a council, and for mayor is carried out by submitting a list of candidates for President of the Republic, a list of candidates for Members of Parliament, a list of candidates for members of a council, or a list of candidates for mayor, respectively.
Pursuant to Article 60 paragraph 1 of the Electoral Code, the right to submit a list of candidates for Members of Parliament, a list of candidates for members of a council, or a list of candidates for mayor is vested in registered political parties acting independently, coalitions, as well as a group of voters (hereinafter: the “submitter of the list”). According to paragraph 7, the list of candidates shall be signed personally by the authorised representative of the submitter of the list. Paragraph 8 of the same Article provides that the name of the list shall be designated according to the name of the submitter of the list. Pursuant to paragraph 9 of the same Article, where the submitter of the list of candidates is a group of voters, the name of the list shall be designated as “group of voters” followed by the name and surname of the candidate.
The number of required signatures in cases where the submitter of a list of candidates is a group of voters was regulated by Article 62, which provided that, where the submitter of a list of candidates for members of a council, or a list of a candidate for mayor, is a group of voters, it was necessary to collect at least 1% of the signatures of the registered voters entered in the extract from the Voters’ Register for the municipality, or the City of Skopje. The requirement of 1% of the necessary signatures for the nomination of candidates by a group of voters (independent candidates) was introduced by the amendments to the Electoral Code in 2024. Those amendments to the Electoral Code were challenged before the Constitutional Court, whereupon the Constitutional Court of the Republic of North Macedonia, by Decision U.No.186/2024 of 20 May 2025, repealed those amendments as unconstitutional, that is, it repealed Articles 17 and 18 of the Law Amending and Supplementing the Electoral Code (Official Gazette of the Republic of North Macedonia No. 58/2024 of 11 March 2024).
In the said Decision U.No.186/2024, the Constitutional Court provided a broad interpretation of political pluralism as a fundamental value of the constitutional order of the Republic of North Macedonia, affirming the role not only of political parties and the multi-party system, but also of independent candidates through whom citizens participate directly in the exercise of power, through their political engagement and activism as individuals not organised in political parties. In that Decision, the Court pointed out that the requirement for a certain number of signatures for the nomination of independent candidates does not place them in a less favourable or discriminatory position in comparison with political parties, given that these are different actors in the political process between whom no equation of equality can be made.
However, the Court found that the multiple increase in the number of required signatures for the nomination of independent candidates, introduced by the amendments to the Electoral Code in 2024, adopted through an expedited and non-transparent procedure, without a public debate and without a prior analysis of the possible repercussions of the prescribed requirement of signatures amounting to 1% of the voters entered in the Voters’ Register, constituted an interference with the exercise of the right to vote of citizens guaranteed by Article 22 of the Constitution, since the contested amendment made more onerous the conditions under which citizens could nominate independent candidates, and that the amendment was neither justified, nor necessary, nor proportionate.
Following the repeal decision of the Constitutional Court, the currently applicable Electoral Code contains no provisions determining the required number of signatures for the nomination of independent candidates, that is, candidates proposed by a group of voters, however, the provisions regulating the procedure for the collection of signatures for the nomination of candidates remain in force.
Namely, Article 63 of the Electoral Code provides that voters’ signatures in the nomination procedure shall be collected before officials of the State Election Commission and before a competent notary, on a form prescribed by the State Election Commission, which shall contain the name and surname, permanent residence and personal identification number of the proposed candidates, as well as the name and surname and personal identification number of the voter signing the proposal. The submitter of the list determines before which notaries the signatures shall be collected and informs the State Election Commission thereof. The State Election Commission publishes on its website a list of notaries before whom the submitters of lists collect signatures. Pursuant to paragraph 2 of this Article, the State Election Commission shall regulate, by a rulebook, the procedure for the collection of signatures and the manner of determining the notaries. Paragraph 3 of this Article provides that the collection of signatures in accordance with paragraph 1 of this Article shall commence on the tenth day from the day of calling the elections and shall last for 15 days. The costs of collecting signatures before a notary shall be borne by the submitter of the list. Pursuant to paragraph 4 of this Article, each voter may give their signature in support of multiple lists of candidates for President of the Republic, candidates for Members of Parliament, members of a council and candidates for mayor. According to paragraph 5 of the same Article, the voters submitting the list must have the right to vote and permanent residence in the territory of the electoral unit, the municipality, or the City of Skopje.
The content of the list to be submitted is regulated by Article 64 of the Electoral Code, Article 65 prescribes the procedure for submitting the list, and Article 67 regulates the manner in which the electoral bodies verify the regularity and timeliness of the list.
The provisions of the Electoral Code relating to the procedure for the collection of signatures for the nomination of candidates are further operationalised in the contested Rulebook on Regulating the Procedure for the Collection of Signatures in Support of Candidate Lists Submitted by a Group of Voters and the Manner of Determining Notaries, for the 2025 Local Elections, adopted by the State Election Commission on 17 August 2025, following the calling of the local elections on 9 August 2025, which are to be held on 19 October 2025.
Having regard to the aforementioned legal and factual situation arising after the repeal decision of the Constitutional Court, the Court assessed that the allegations raised in both submitted initiatives challenging the constitutionality and legality of the said Rulebook of the State Election Commission are unfounded.
Namely, it is undisputed that the contested Rulebook was adopted by the State Election Commission on the basis of a valid legal ground, namely Article 31 paragraph 2 point 2, in conjunction with Article 63 paragraph 2 of the Electoral Code, pursuant to which the State Election Commission shall, by a rulebook, regulate the procedure for the collection of signatures and the manner of determining the notaries. By the contested Rulebook, the State Election Commission operationalised the statutory provisions of the Electoral Code relating to the procedure for the collection of signatures and more closely regulated all actions to be undertaken in the collection of signatures in cases where candidate lists are submitted by a group of citizens (determination of the authority before which the signatures are given, the form on which the signatures are given, the determination of the time, place and deadline for the collection of signatures, and other issues, including the contested regulation concerning the requirement of two signatures in support of a candidate list proposed by a group of citizens).
The Court assessed that the allegations of the applicants in both initiatives, according to which, by the regulation contained in point 4 of the contested Rulebook, requiring that a candidate list be supported by the signatures of at least two voters, the State Election Commission exceeded its powers, are unfounded, because the currently applicable Electoral Code contains no provision determining the number of required signatures, while the provisions pursuant to which voters’ signatures in the nomination procedure are collected in the manner and through a procedure regulated by the State Election Commission by means of a rulebook remain in force. Consequently, the determination in the contested point 4 of the Rulebook that the initiative for submitting a proposed candidate list must be confirmed by a valid personal identification document and supported by the signatures of at least two voters constitutes an integral element of the nomination procedure which is the subject of regulation by the contested Rulebook adopted by the State Election Commission and such regulation does not constitute a restrictive condition for the submission of candidate lists supported by citizens, particularly given that it concerns a symbolic number of two required signatures. It therefore follows that the contested provision of point 4 of the Rulebook was adopted for the purpose and with the aim of facilitating the nomination procedure for independent candidates and enabling their participation in elections, rather than restricting it. This is, moreover, in line with the positions of the Constitutional Court expressed in Decision U.No.186/2024 of 20 May 2025 concerning the positive obligations of the State, as the guarantor of pluralism, to enable the different political options of citizens to be effectively expressed through participation, under equal and fair conditions, in free and democratic elections, and this also includes the obligation of the State to ensure an appropriate legal framework for the effective exercise of the right to vote by less represented and vulnerable groups of citizens, as well as by citizens who stand as candidates independently of political parties.
Accordingly, the determination of a minimal and symbolic number of two signatures required to support a candidate list proposed by a group of citizens is linked to a legitimate aim, namely, in conditions of a legal gap and legislative inactivity in filling that gap, to nevertheless regulate the procedure and manner of collecting signatures in support of independent candidate lists, thereby creating conditions for those candidates and the citizens supporting them to be able to exercise the right to vote guaranteed by Article 22 of the Constitution and by the Electoral Code. For the above reasons, the Court assessed that the allegations of the applicants that the contested Rulebook of the State Election Commission suspended the Decision of the Constitutional Court are unfounded. On the contrary, the contested provisions of the Rulebook of the State Election Commission enable the effective exercise of the right to vote of citizens and independent candidates, which, without such regulation and operationalisation, in a situation of a legal gap, would be reduced to a merely declaratively recognised right, without any possibility of its practical realisation.
For all the above reasons, the Court assessed that the question of the conformity of the contested point 4 of the Rulebook on Regulating the Procedure for the Collection of Signatures in Support of Candidate Lists Submitted by a Group of Voters and the Manner of Determining Notaries, for the 2025 Local Elections, No. 08-1708/1 of 17.08.2025, adopted by the State Election Commission, with Article 8 paragraph 1 indents 3 and 5 and Articles 22, 23, 51, 54, 61 and Article 68 paragraph 1 indent 2 of the Constitution of the Republic of North Macedonia cannot be reasonably raised.
Having regard to the fact that the Court decided not to initiate proceedings for the review of the constitutionality and legality of the contested provision, the conditions for the adoption of a Resolution pursuant to Article 37 paragraph 1 of the Act of the Court have not been met.
IV
On the basis of the foregoing, the Court, by a majority of votes, decided as stated in the operative part of this Resolution.
PRESIDENT
of the Constitutional Court
of the Republic of North Macedonia
Darko Kostadinovski LLD
Judge Rapporteur,
Jadranka Dabović-Anastasovska LLD
Pursuant to Article 34 paragraph 1 of the Act of the Constitutional Court of the Republic of North Macedonia (“Official Gazette of the Republic of North Macedonia” No. 115/2024), following my vote against Resolution UZ No. 57/2025 and UZ No. 58/2025 of 17 September 2025, by which the Constitutional Court of the Republic of North Macedonia decided not to initiate proceedings for the review of the constitutionality and legality of the Rulebook on Regulating the Procedure for the Collection of Signatures in Support of Candidate Lists Submitted by a Group of Voters and the Manner of Determining Notaries, for the 2025 Local Elections, No. 08-1708/1 of 17 August 2025, adopted by the State Election Commission, I hereby express my disagreement and set it out as follows:
SEPARATE OPINION
With due respect for the differing views of the majority of judges of the Constitutional Court of the Republic of North Macedonia, and in relation to the aforementioned Resolution, I hereby express my dissent through this separate opinion for the following reasons:
1. The contested Rulebook is of a temporary nature, namely, it has already been exhausted in its application within the legal order as of 13 September 2025, the date on which the deadline expired for the submission of lists of candidates for members of councils and lists of candidates for mayors. For this reason, it is inexpedient to decide on the merits, in accordance with Article 38 paragraph 1 indent 3, in conjunction with Article 73 indent 3 of the Act of the Court.
2. The Rulebook in question regulates materia legis, that is, subject matter which it is impermissible to regulate by means of a by-law, as is the case here with the contested Rulebook.
I must recall the fundamental legal principles enshrined in Article 51 of the Constitution of the Republic of North Macedonia, which relate to the hierarchical ordering of legal acts, according to which by-laws are subordinate to laws and must be in conformity with laws, and thereby also with the Constitution.
By-laws, such as rulebooks, MAY only further regulate, specify and elaborate a particular subject matter for the purpose of its implementation within the legal order, specifically and exclusively in cases where a law has conferred authorisation for the adoption of by-laws regulating that same subject matter. In other words, a rulebook cannot regulate subject matter WHICH HAS NOT PREVIOUSLY BEEN REGULATED BY LAW, especially where the law itself does not provide for the adoption of additional by-laws.
In my view, in the present case, it is undisputed that the State Election Commission has the right and obligation, pursuant to Article 31 paragraph 2 point 2, in conjunction with Article 63 paragraph 2 of the Electoral Code, to adopt a rulebook. However, under the same Code, the State Election Commission has neither the right nor the obligation to determine conditions requiring that support for an initiative to submit a list of councillors and mayor be provided by at least two voters, as prescribed in point 4 of the contested Rulebook. This condition constitutes a matter of statutory regulation and cannot be regulated by means of a rulebook.
3. The third reason, and most important, concerns the publication of regulations in the “Official Gazette of the Republic of North Macedonia”, an issue to which I am firmly committed and in respect of which I consistently emphasise the need to respect the constitutional principle of vacatio legis, that is, to ascertain whether a regulation has been published in the “Official Gazette of the Republic of North Macedonia” or another appropriate gazette designated by law, and, in particular, whether such publication has been effected in a timely manner so that the regulation may produce legal effect. At the public hearing, it was established that the Rulebook had not been published in the “Official Gazette of the Republic of North Macedonia”. It therefore clearly follows that Article 52 paragraphs 1 and 2 of the Constitution have not been complied with, pursuant to which laws and other regulations shall be published before entering into force, and laws and other regulations shall be published in the “Official Gazette of the Republic of North Macedonia” no later than seven days from the date of their adoption. Furthermore, a regulation within the meaning of Article 110 indent 2 of the Constitution, which may be subject to constitutional review, constitutes a general legal act regulating relations affecting a larger group of persons, that is, producing erga omnes effect, and must be publicly published, in accordance with the provisions contained in Article 52 of the Constitution.
In the context of the above, I reiterate that the Court ought to have dismissed the initiative for the review of the constitutionality and legality of the Rulebook in question, in accordance with the aforementioned provisions of the Act of the Court, due to the existence of procedural obstacles to adopting a decision.
Judge of the Constitutional Court
of the Republic of North Macedonia
Fatmir Skender LLM
Skopje
24.09.2025