A roundtable on the topic “Introduction of a Constitutional Complaint?” was held today at the Constitutional Court, organised with the support of the Delegation of the European Union in Skopje. Introductory remarks were delivered by the President of the Constitutional Court, Darko Kostadinovski LLD, the Prime Minister, Hristijan Mickoski, the Ambassador of the European Union, Michalis Rokas, the OSCE Ambassador to Skopje, Kilian Wahl, as well as representatives of institutions, the expert community and academia.
The President of the Constitutional Court, Darko Kostadinovski LLD, emphasised the need for support for the adoption of a Law on the Constitutional Court, as well as the necessity of constitutional amendments to expand the Court’s competences in the protection of citizens’ rights.
“The constitutional complaint is a focal point of institutional dialogue. There is but one path of reason. Along that path, interlocutors either meet or pass one another by. I am pleased that today, on the key issues concerning the development of constitutional justice, the Prime Minister and I have indeed met upon that path of reason. I sincerely hope that this meeting and today’s discussions represent a step towards better times for constitutional justice. Today, I had the opportunity to discuss with the Prime Minister the need for a deeper institutional reform of the Constitutional Court. In particular, the issue of adopting a Law on the Constitutional Court, grounded in the Constitution and requiring a two-thirds majority, was raised, as was the introduction of the constitutional complaint. The time for such a step has long since arrived. The continuation of the status quo may create space for excessive judicial activism, which in certain circumstances could disturb the balance between the branches of power, or lead to what is termed ‘juristocracy’,” stated Kostadinovski.
As part of the event, President Kostadinovski held a bilateral meeting with the Prime Minister, Hristijan Mickoski, during which the need for deeper institutional reform of the Constitutional Court was discussed. The need for adopting a Law on the Constitutional Court, grounded in the Constitution and requiring a two-thirds majority, as well as the introduction of a constitutional complaint, was emphasised.
The Prime Minister, Hristijan Mickoski, expressed support for expanding the scope of constitutional rights to be protected by the Constitutional Court.
“The Law on the Constitutional Court and the constitutional complaint—Mr Kostadinovski and I agree that these are necessary. However, this requires constitutional amendments, and in our context this is a sensitive issue; whenever it is raised, it recalls difficult experiences from the past… I fully support the constitutional complaint, but it is best to first create the conditions for constitutional amendments so as not to unsettle an already sensitive public. At a time when we need to consolidate, and in the context of a global crisis, we are also facing the challenge of refunding a solidarity tax that was previously collected and which we must now return. Alongside the rule of law, there must also be an understanding of broader social developments and processes,” stated Mickoski.
The Ambassador of the European Union, Michalis Rokas, stressed that the Constitutional Court plays a key role as the guardian of the Constitution and protector of human rights, and that its independence is essential for the rule of law and the country’s European perspective.
“The Constitutional Court is not merely another institution within a democratic system, but a true guardian of the Constitution and an arbiter of legality in the state. Above all, it protects the fundamental rights and freedoms of all citizens, and I fully agree that its competences, autonomy and independence are of crucial importance for the rule of law, as well as for the country’s progress towards membership of the European Union, which is our shared objective. Through collective action, and with the Constitutional Court now holding open debates in which the public participates, justice and the rule of law are being brought closer to citizens. I would like to commend you, Mr President, as this is the only way forward—there is no single, universal solution, including with regard to the constitutional complaint. We all know that within the EU there are different systems addressing this issue in different ways. We do not seek to promote a single model, but we do share the same goal: ensuring that people have equal rights and access to constitutional justice,” stated Ambassador Rokas.
The Ambassador of the OSCE Mission to Skopje, Kilian Wahl, underlined that reforms in this area require time, noting that the Constitutional Court has already made significant progress, including increased transparency through the live broadcasting of its sessions, which contributes to greater public trust.
“When I received the invitation to speak today, a German proverb came to mind: ‘Gut Ding will Weile haben’, meaning ‘Good things take time’ or ‘Rome was not built in a day’.
The OSCE Mission to Skopje has been working closely with the Constitutional Court for more than a decade. This cooperation is aimed at strengthening the Court’s role in safeguarding the constitutional order and supporting the protection of human rights, in line with OSCE commitments.
Over the years, our joint efforts have focused on enhancing professional capacities, supporting the application of European human rights jurisprudence, and fostering dialogue on key rule-of-law issues.
In recent years, the Constitutional Court has demonstrated significant progress. This includes more advanced decisions, increased use of dissenting opinions, and concrete steps to enhance transparency, such as the introduction of live-streamed sessions.
These developments contribute to greater openness and public trust, and reflect a positive institutional trajectory.
They also indicate that the Court is well positioned to continue strengthening its role as a key guardian of constitutional rights,” stated Ambassador Wahl.
The event was organised with the support of the EU Delegation, within the framework of the European Union-funded project “Enhanced Capacities of the Constitutional Court for Assessing the Constitutionality and Legality of Normative Acts and the Protection of Fundamental Rights”, under the theme “Introduction of a Constitutional Complaint?”.
