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, a presentation was delivered by the legal expert engaged under the EU-funded project, Martin Sopronov, who emphasised:
In my view, based on the objectives defined in the Judicial Sector Development Strategy 2024–2028 with regard to the Constitutional Court, as well as the positions expressed at the roundtable on the introduction of a constitutional complaint, there is a broad consensus on the need to strengthen the system of direct constitutional protection of human rights in the Republic of North Macedonia. Although there is general agreement that a constitutional complaint represents an important and necessary instrument for enhancing access to constitutional justice and the protection of human rights, its introduction and further development are closely linked to the need for constitutional amendments.
This stems from the fact that, although within the existing constitutional framework there formally exists a procedural instrument for direct constitutional protection of human rights (the request for the protection of freedoms and rights), its normative restrictiveness and limited effectiveness render it largely symbolic, leading to the neglect of its true nature and even of its very existence. Accordingly, the debate on introducing a “new” constitutional complaint is, in essence, a debate on a comprehensive reform and enhancement of the existing mechanism, with a view to transforming it into a functional, accessible and effective legal remedy.
In that regard, any future reform should address key issues, including the expansion of the scope of protected rights, the clear definition of the conditions for initiating proceedings (admissibility criteria and completeness), as well as the strengthening of procedural safeguards and the institutional and operational capacities of the Constitutional Court. Particular attention should be given to ensuring that the constitutional complaint operates as a subsidiary mechanism, enables constitutional judicial review of individual acts (final judicial and administrative acts), actions, as well as omissions by public authorities upon application by an individual, and provides effective legal protection. To that end, the Court should be granted clear powers to quash or annul individual acts, order the reopening of proceedings, and award just satisfaction, in accordance with international standards, in particular those of the Venice Commission and the European Court of Human Rights.