On 24 March 2026, a roundtable on the topic “Introduction of a Constitutional Complaint?” was held at the Constitutional Court, with the support of the Delegation of the European Union in Skopje. As part of the event, Professor of Constitutional Law and Administrative Law, Jeton Shasivari, delivered an address, emphasising:
Our Constitution does not regulate the key issues related to the constitutional complaint as a specific legal instrument, such as its designation, subject matter, standing, time limits for submission, subsidiarity, and other aspects. Nevertheless, most of these issues are regulated by the Court’s internal act. The current scope of protection is highly restrictive, as it covers only three freedoms and rights; therefore, in the future, constitutional amendments will be required to expand the scope of protection so as to encompass the rights recognised under the European Convention on Human Rights, as the most appropriate model.
In my view, the Constitutional Court appears to have “stopped halfway” due to its current inability to annul or set aside individual acts (administrative and judicial), which calls into question its constitutional authority to restore violated freedoms and rights. This aspect is of particular importance from the perspective of the Court in Strasbourg with regard to the effectiveness of this legal instrument.