Submission of a Proposal for the Revocation of immunity, determination of answerability, and determination of the applicability of conditions for cessation of the Office of the President of the Republic

Revocation of Immunity

Pursuant to Article 60 of the Act of the Constitutional Court,

(1) The Constitutional Court decides on the revocation of the immunity of the President of the Republic upon the proposal of authority with competence before which a request for a detention measure has been submitted.

(2) Upon receiving the proposal referred to in Paragraph 1 of this Article, the President of the Court, as soon as possible, schedules a session to establish the Commission referred to in Article 63 of this Act.

(3) The Commission reviews the proposal and submits a report to the President of the Court within two days.

(4) The Court session at which the proposal is decided upon is held within two days of receiving the report referred to in Paragraph 3 of this Article.

((5) The President of the Republic is also notified of the session.

Determining of the Answerability of the President of the Republic

Pursuant to Article 61 of the Act of the Constitutional Court,

(1) The procedure for determining the answerability of the President of the Republic for violations of the Constitution and laws in the exercise of their rights and duties is considered initiated from the date the proposal is submitted by the Assembly of the Republic of North Macedonia.

(2) The proposal contains a description and evidence of the violation of the Constitution and the law that is attributed to the President of the Republic of North Macedonia.

(4) The President of the Republic participates in the proceedings before the Court regarding the establishment of answerability.

(4) The President of the Republic participates in the proceedings before the Court regarding the determination of answerability.

(5) If the Constitutional Court determines the answerability of the President of the Republic, their term in office is terminated by virtue of the Constitution, effective from the date of adoption of the decision determining their answerability.

(6) The Constitutional Court is obliged to decide within 30 days from the date the proposal is submitted by the Assembly of the Republic of North Macedonia.

Determination of Applicability of the Conditions for the Cessation of Office

Pursuant to Article 62 of the Act of the Constitutional Court,

(1) The Constitutional Court determines, by official duty, the applicability of conditions for the cessation of the office of the President of the Republic due to death, resignation, permanent incapacity to perform the office, or expiration of the mandate by virtue of the Constitution.

((2) The occurrence of permanent incapacity to perform the office, as referred to in Paragraph 1 of this Article, is determined at a session of the Court, based on acts, findings, and expert opinions from medical or other institutions or authorities.

(3) Upon determining that the conditions for the termination of the President of the Republic’s office have been fulfilled, the Court shall also establish the date on which the office ceased.