Dear citizens, respected media,
A year full of uncertainty, appeals, letters, and a challenging functioning of the Constitutional Court in the exercising of its authority is what we left behind. Selfless participation of the judges and all employees, however, will ensure that 2022 is recognized as a year of devotion, hard work, and efficient management of the Constitutional Court.
The issue of not electing judges remains a significant concern for the Constitutional Court and a mark on the reputation of the state, just because the Members of the Parliament are not practicing their constitutional duties.
At the end of October, two new judges were elected, while one retired in December, and therefore just one-third of the anticipated judges serve on the Constitutional Court at this time. Once again, we are dealing with situations where the Constitutional Court cannot effectively perform its duty since there are cases that do not receive a majority of votes. Specifically, 24 cases remain unresolved until the present time due to a lack of majority votes, among them important cases for the public and the state, for which the debate by all nine judges is necessary and will help to reach a better decision.
Even though the Court was left barely functional for nine months, the five Judges, together with the advisory teams, carried the responsibility of the Court as if nine judges were working, and under these particular circumstances, the Constitutional Court held 42 sessions in total, which was not the case in the past 13 years. In 2009, it was the last time the Court held so many sessions, but I want to highlight that at that time, the Court had a full complement of nine Judges.
For the first time since the Constitutional Court was established, this composition, unlike many others that operated without a shortage of judges, was able to adopt two very important and strategic documents. The Work Programme is the first important document, for which the most recent report of the State Auditor noted that it had not been adopted. The second important document is the Strategic Plan, which will be implemented over the next three years and contains the fundamental guidelines the Constitutional Court shall follow. This Strategic Plan outlines the internal reform of the Court, but I will reiterate that the reforms depend on the complete composition of the Constitutional Court.
Given the fact that a large number of the advisers of the Court with many years of experience have retired, in the past year, the Court Service was also restaffed. Additionally, the impression has also been improved with the employees representing the communities that are not in the majority. The Constitutional Court has also designated a security officer for classified information for the first time.
The Constitutional Court has processed 133 cases this year, as of today, seven of which are requests for the protection of freedoms and rights. The remaining 126 cases, in the majority of them, call for a review of the constitutionality and legality of acts, and in two cases, an assessment of the constitutionality of programmes and statutes of citizens’ associations.
We were able to keep the number of solved cases at the typical average despite the presence of objective challenges over which the Court has no control. For example, we had 130 solved cases last year, of which over half were received this year. In order to reduce the number of cases from earlier years that remain unresolved, I emphasize that settling older cases will be given priority.
In 2022, the Constitutional Court repealed provisions of two laws that refer to important constitutional rights such as workers’ rights and equality of citizens. Here, I’ll draw attention to the repeal of the provision that unconstitutionally, and under the burden of the right to daily and weekly rest, workers were expected to work on the construction of highways from Corridors 8 and 10 for an average of at least 60 hours per week and for it to be effective throughout the year.
The second discriminatory provision that the Constitutional Court repealed is Article 44 of the Law on Social Protection, in the section where individuals over 65 years of age were not allowed to receive compensation only because of their age limit, even though they are with disabilities.
Eight additional regulations were repealed by the Constitutional Court this year, including decisions that illegally adopted Detailed Urban Plans in the Municipality of Karpos, one that allowed the construction of a hotel complex on the shore of a lake by the Municipality of Dojran, and a part of a decision by the Municipality of Gjorce Petrov that limited citizens to receive compensation for a newborn if they did not provide a marriage certificate.
In 2022, seven cases had procedures initiated because there were questions concerning the legitimacy and constitutionality of specific laws, regulations, or acts. I will note the Decision adopted by the municipality of Centar in 2014, on the DUP “Gradska cetvrt”, in which the Constitutional Court decided to suspend the execution of any individual acts or activities based on the Decision.
We started a procedure for compensations, or so-called “apanages,” for officials who were dismissed or resigned, as well as for a Decision of the Municipality of Kumanovo, referring to the construction of residential buildings outside the central city area.
Dear citizens,
In response to the prevailing economic climate, the Constitutional Court implemented serious austerity measures, especially in the areas of electricity consumption and working travel, which were drastically decreased. Instead of traveling to Indonesia-Bali, India, Dakar, and Latvia, the events were followed online. At the same time, investments in the infrastructure of the Court were made using the money that had been saved, fulfilling a long-standing duty.
After fifteen years of a legal obligation, an office for classified information was established in the Constitutional Court for the first time, fully equipped with a metal safe for storing classified information, a security door, alarm systems, a fire alarm system, and cameras. The server room, which was at risk of fire because it lacked ventilation equipment and a fire suppression system, has been sufficiently secured.
In conclusion, I will say that the Constitutional Court had a conscientious and economical approach to the energy crisis. This year, the Constitutional Court has paid electricity bills in an amount that is 41% less than what was paid last year for the months of September, October, and November. The cost of electricity for those three months last year was about 436 thousand Macedonian denars; this year, it is about 253 thousand Macedonian denars.
Since we have already discussed working conditions, as well as infrastructure projects in general, I cannot leave out the issue that has recently taken on alarming proportions and poses a severe threat to the employees of the Constitutional Court. In two offices, located on the fifth and fourth floor, in a building with a total of seven floors where the Court is situated, there appears to be a water leak from the roof. Whether this is a result of inadequate craftsmanship or poor design is beyond my expertise, and I cannot comment on it. We expect support from the Government because the preliminary findings and the expert opinion on sight indicate the necessity for a significant undertaking. A reconstruction project should be created first, and then a contractor should be hired to build the roof structure.
Dear all,
Despite all the challenges, both essential and financial, I want to share a positive experience. In terms of international activities, the Constitutional Court was outstanding with the initiative to establish the Balkan Forum of Constitutional Courts, which, in my opinion, will grow into a success story for mutual cooperation and the exchange of significant experiences. Together with the Constitutional Court of the Republic of Bulgaria, with whom we signed a Memorandum of Cooperation in Macedonian, English, and Bulgarian, we put this concept into action. It is particularly significant that the Memorandum, which was positively evaluated in the most recent European Commission Report on the Republic of North Macedonia under the heading of good neighborly relations and regional cooperation, is the outcome of mutual support and understanding between the two courts.
Unfortunately, the last line of my address is the same as it was the year before, and I’ll send the same message over and again until the Members of the Parliament understand its point.
As a President of the Constitutional Court, I have an obligation to both the institution that I manage and to the citizens as well, because they deserve a functioning system in which the Court will fully, promptly, qualitatively, and in full composition exercise its powers and thereby ensure the governance of the law and respect for the freedoms and rights.