Earlier today, Ambassador David Geer, the head of the delegation of the European Union, had a meeting with Dobrila Kacarska, the President of the Constitutional Court. The meeting was initiated by European Ambassador Geer, who expressed strong support from the EU and stated that the Constitutional Court is the key institution that will lead the reform process during the accession negotiations.
“Given your position at the forefront of the rule of law, I believe the Constitutional Court will set an example in advancing the reform process throughout all other institutions. I am aware of your continuous efforts to maintain strict protocols, transparency, and a very high standard of work quality at the Constitutional Court. I am also aware of the fact that you are making these efforts at a time when you are experiencing a judge shortage, and I use every opportunity and meeting I have with political party representatives to convey urgent messages to expedite the process.” – said Ambassador Geer.
President Dobrila Kacarska briefed the Ambassador about the evolving case management and the decision-making processes of the Constitutional Court. She highlighted that there was a significant difference seen between the recent actions of the Constitutional Court and those from a few years earlier. In cases that have previously been dismissed despite having obvious unconstitutional aspects, the Court now decides to initiate proceedings for unconstitutional or illegal provisions more frequently.
“There are various examples of proceedings that we may cite in the recent period, which indicates that we questioned the constitutionality of some provisions and regulations, and those that are harmful to the citizens, we have chosen to repeal or annul, and as a result, they are no longer part of the legal system, and compared to the prior practise of the Court swiftly rejecting the requests of the citizens, we are increasingly considering decisions based on merit.” – Kacarska said.
“An effective institution means overcoming the issues with the shortage of judge position vacancies, which will imply appointing two more judges to the Constitutional Court. The Parliament will also need to elect a new judge starting on 7 December, when the term in office of Judge Vangelina Markudova expires. Then, we can speak about our intentions more frequently and loudly about implementing the constitutional appeal in the Constitution.” – Kacarska affirmed.
“Due to the shortage of judge position vacancies last year, 51 of our cases did not receive a majority of votes. The situation has slightly improved with the election of two new constitutional judges, but it is still unsatisfactory; the others must be elected as well because there are some crucial matters for the state, like the Prespa Agreement case, the law on the Use of the Languages, and the Law on the Public Prosecutor’s Office that I will put on the agenda when the Court is fully seated”, said Dobrila Kacarska, the President of the Constitutional Court.