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, Judge Prof. Dr Ana Pavlovska-Daneva delivered an address, emphasising:
In Macedonian legal scholarship, the prevailing view is that a constitutional complaint should be introduced into our legal system selectively and with great caution, following a restrictive approach, rather than being copied from neighbouring countries or other European states that are often referenced. The framework defining the scope of freedoms and rights to be protected through a constitutional complaint has not yet been clearly determined, as the question of opening the Constitution is still not under active consideration. As we heard today from the current Prime Minister, as well as from previous office-holders, this remains a highly sensitive issue, and it is uncertain when it may be addressed. In my personal view, the introduction of a constitutional complaint is unlikely to be realised during the tenure of most of us in the current composition. It will undoubtedly occur at some point, but at present the discussion concerns the scope and the structuring of the rights to be covered.
No comprehensive framework has yet been established in legal scholarship, although particular emphasis is placed on political rights, while economic rights receive considerably less attention. There is no consensus on this matter, whether among judges, academics, or within the broader expert community.
It is encouraging that we have heard that there is no intention to pursue the introduction of a constitutional complaint without a two-thirds majority law and without constitutional amendments. There had been views suggesting that such a mechanism could be introduced without amending the Constitution, and it is important that we have now heard from representatives of the executive that this will not be the case. This means that the Constitution must first be amended, followed by the adoption of a law by a two-thirds majority, and only then can the Constitutional Court be prepared accordingly, both in terms of its judges and its professional service, as it is clear that the Court currently does not have the capacity to adjudicate constitutional complaints.