Constitution of the Former Yugoslav Republic of Macedonia (English Version)

7/24/2019 Constitution of the Former Yugoslav Republic of Macedonia (English Version)

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Updated 7/20/2006

The Preamble

The citizens of the Republic of Macedonia, the Macedonian people, as well as citizens living withinits borders who are part of the Albanian people, the Turkish people, the lach people, the !erbianpeople, the Roman" people, the #osnian people and others taking responsibilit" for the presentand future of their fatherland, aware of and grateful to their predecessors for their sacri$ce anddedication in their endeavours and struggle to create an independent and sovereign state ofMacedonia, and responsible to future generations to preserve and develop ever"thing that isvaluable from the rich cultural inheritance and coe%istence within Macedonia, e&ual in rights andobligations towards the common good ' the Republic of Macedonia ' in accordance with thetradition of

the (rushevo Republic and the decisions of the Antifascist )eople*s +iberation Assembl" ofMacedonia, and the Referendum of !eptember , --, have decided to establish the Republic ofMacedonia as an independent, sovereign state, with the intention of establishing and consolidatingthe rule of law, guaranteeing human rights and civil liberties, providing peace and coe%istence,social ustice, economic well'being and prosperit" in the life of the individual and the communit",and, in this regard, through their representatives in the Assembl" of the Republic of Macedonia,elected in free and democratic elections, adopt

The Preamble of the Constitution of the Republic of Macedonia is replaced by item 1 of mendment !"#

THE CONSTITUTION

OF THE REPUBLIC OF MACEDONIA

)ublished in 0The 12cial 3azette of the Republic of Macedonia0 4o. 56/-, 7-/, -/8-.

I. BASIC PROVISIONS

Article 1

The Republic of Macedonia is a sovereign, independent, democratic and social state.

The sovereignt" of the Republic of Macedonia is indivisible, inalienable and nontransferable.

Article

!overeignt" in the Republic of Macedonia derives from the citizens and belongs to the citizens.

The citizens of the Republic of Macedonia e%ercise their authorit" through democraticall" elected

Representatives, through referendum and through other forms of direct e%pression.

Article !

The territor" of the Republic of Macedonia is indivisible and inalienable.

The e%isting borders of the Republic of Macedonia are inviolable. The Republic of Macedonia has noterritorial pretensions towards an" neighboring state. !tem 1 of mendment ! is an ddendum to

rticle $#

The borders of the Republic of Macedonia can onl" be changed in accordance with the 9onstitutionand on the principle of free will, as well as in accordance with generall" accepted internationalnorms. Para%raph $ is replaced by item 2 of mendment !#

Article "





9itizens of the Republic of Macedonia have citizenship of the Republic of Macedonia.

A subect of the Republic of Macedonia ma" neither be deprived of citizenship, nor e%pelled ore%tradited to another state.

9itizenship of the Republic of Macedonia is regulated b" law.

Article #

The state s"mbols of the Republic of Macedonia are the coat of arms, the ag and the nationalanthem.

The coat of arms, the ag and the national anthem of the Republic of Macedonia are adopted b"law b" a two'thirds maorit" vote of the total number of Assembl" Representatives.

Article $

The capital of the Republic of Macedonia is !kope.

Article %

The Macedonian language, written using its 9"rillic alphabet, is the o2cial language throughoutthe Republic of Macedonia and in the international relations of the Republic of Macedonia.

An" other language spoken b" at least 68 percent of the population is also an o2cial language,written using its alphabet, as speci$ed below.

An" o2cial personal documents of citizens speaking an o2cial language other than Macedonianshall also be issued in that language, in addition to the Macedonian language, in accordance withthe law.

An" person living in a unit of local self'government in which at least 68 percent of the population

speaks an o2cial language other than Macedonian ma" use that o2cial language to communicatewith the regional o2ce of the central government with responsibilit" for that municipalit"; such ano2ce shall repl" in that language in addition to Macedonian. An" person ma" use an" o2ciallanguage to communicate with a main o2ce of the central government, which shall repl" in thatlanguage in addition to Macedonian.

<n the organs of the Republic of Macedonia, an" o2cial language other than Macedonian ma" beused in accordance with the law.

<n the units of local self'government where at least 68 percent of the population speaks a particularlanguage, that language and its alphabet shall be used as an o2cial language in addition to theMacedonian language and the 9"rillic alphabet. =ith respect to languages spoken b" less than 68percent of the population of a unit of local self'government, the local authorities shall decide ontheir use in public bodies. Article > is replaced b" item - of Amendment .

Article &

The fundamental values of the constitutional order of the Republic of Macedonia are:

' the basic freedoms and rights of the individual and citizen, recognized in internationallaw and set down in the 9onstitution;

' the free e%pression of national identit", e&uitable representation of persons belonging toall communities in public bodies at all levels and in other areas of public life; !tem 1 of

mendment "! is an ddendum to line 2 of this article#

' the rule of law;

' the division of state powers into legislative, e%ecutive and udicial;



' political pluralism and free, direct and democratic elections;

' the legal protection of propert";

' the freedom of the market and entrepreneurship;

' humanism, social ustice and solidarit";

' local self'government;

' proper urban and rural planning to promote a congenial human environment, as well asecological protection and development; and

' respect for the generall" accepted norms of international law.

An"thing that is not prohibited b" the 9onstitution or b" law is permitted in the Republic ofMacedonia.

II. BASIC FREEDOMS AND RI'HTS OF THE

INDIVIDUAL AND CITI(EN

1. Ci)il a*+ ,-litical ree+-m/ a*+ ri0ht/

Article

9itizens of the Republic of Macedonia are e&ual in their freedoms and rights, regardless of se%,race, color of skin, national and social origin, political and religious beliefs, propert" and socialstatus.

All citizens are e&ual before the 9onstitution and law.

Article 12

The human right to life is irrevocable.

The death penalt" shall not be imposed on an" grounds whatsoever in the Republic of Macedonia.

Article 11

The human right to ph"sical and moral dignit" is irrevocable.

An" form of torture, or inhuman or humiliating conduct or punishment, is prohibited.

?orced labor is prohibited.

Article 1

The human right to freedom is irrevocable.

4o person*s freedom can be restricted e%cept b" a court decision or in cases and proceduresdetermined b" law.

)ersons summoned, apprehended or detained shall immediatel" be informed of the reasons for thesummons, apprehension or detention and on their rights. The" shall not be forced to make astatement. A person has a right to an attorne" in police and court procedure.

)ersons detained shall be brought before a court as soon as possible, within a ma%imum period of6@ hours from the moment of detention, and the legalit" of their detention shall there be decidedupon without dela".



etention ma" last, b" court decision, for a ma%imum period of -8 da"s from the da" ofdetention.

After the indictment, the duration of detention is prolonged or determined b" the competent courtin a case and procedure stipulated b" law. Para%raph & is replaced by item 1 of mendment !!!

)ersons detained ma", under the conditions determined b" law, be released from custod" toconduct their defense.

Article 1!

A person indicted for an oBence shall be considered innocent until his/her guilt is established b" alegall" valid court verdict.

A person unlawfull" detained, apprehended or convicted has a right to legal redress and otherrights determined b" law.

Article 1"

4o person ma" be punished for an oBence which had not been declared an oBence punishable b"law, or b" other acts, prior to its being committed, and for which no punishment had beenprescribed.

4o person ma" be tried in a court of law for an oBence for which he/she has alread" been tried andfor which a legall" valid court verdict has alread" been brought.

Article 1#

The right to appeal against individual legal acts issued in a $rst instance proceedings b" a court,administrative bod", organization or other institution carr"ing out public mandates is guaranteed.

Article 1$

The freedom of personal conviction, conscience, thought and public e%pression of thought isguaranteed.

The freedom of speech, public address, public information and the establishment of institutions forpublic information is guaranteed.

?ree access to information and the freedom of reception and transmission of information areguaranteed.

The right of repl" via the mass media is guaranteed.

The right to a correction in the mass media is guaranteed.

The right to protect a source of information in the mass media is guaranteed.

9ensorship is prohibited.

Article 1%

The freedom and inviolabilit" of correspondence and other forms of communication is guaranteed

1nl" a court decision ma", under conditions and in procedure prescribed b" law, authorise non'application of the principle of inviolabilit" of correspondence and other forms of communication, incases where it is indispensable to preventing or revealing criminal acts, to a criminal investigationor where re&uired in the interests of securit" and defence of the Republic.

rticle 17 is replaced by mendment '!'#



Article 1&

The securit" and con$dentialit" of personal information are guaranteed.

9itizens are guaranteed protection from an" violation of their personal integrit" deriving from theregistration of personal information through data processing.

Article 1

The freedom of religious confession is guaranteed.

The right to e%press oneCs faith freel" and publicl", individuall" or with others is guaranteed.

The Macedonian 1rthodo% 9hurch, as well as the <slamic Religious 9ommunit" in Macedonia, the9atholic 9hurch, Dvangelical Methodist 9hurch, the Eewish 9ommunit" and other Religiouscommunities and groups are separate from the state and e&ual before the law. Replaced by

mendment "!!#

The Macedonian 1rthodo% 9hurch, as well as the <slamic Religious 9ommunit" in Macedonia, the

9atholic 9hurch, Dvangelical Methodist 9hurch, the Eewish 9ommunit" and other Religiouscommunities and groups are free to establish schools and other social and charitable institutions,b" wa" of a procedure regulated b" law. Replaced by mendment "!!#

Article 2

9itizens are guaranteed freedom of association to e%ercise and protect their political, economic,social, cultural and other rights and convictions.

9itizens ma" freel" establish associations of citizens and political parties, oin them or resign fromthem.

The programs and activities of political parties and other associations of citizens ma" not bedirected at the violent destruction of the constitutional order of the Republic, or at encouragement

or incitement to militar" aggression or ethnic, racial or religious hatred or intolerance.

Militar" or paramilitar" associations which do not belong to the Armed ?orces of the Republic ofMacedonia are prohibited.

Article 1

9itizens have the right to assemble peacefull" and to e%press public protest without priorannouncement or a special license.

The e%ercise of this right ma" be restricted onl" during a state of emergenc" or war.

Article

Dver" citizen on reaching - "ears of age ac&uires the right to vote.

The right to vote is e&ual, universal and direct, and is e%ercised at free elections b" secret ballot.

)ersons deprived of the right to practice their profession b" a court verdict do not have the right tovote.

Article !

Dver" citizen has the right to take part in the performance of public o2ce.

Article "

Dver" citizen has a right to petition state and other public bodies, as well as to receive an answer.



A citizen cannot be cannot be called to account or suBer adverse conse&uences for attitudese%pressed in petitions, unless the" entail the committing of a criminal oBence.

Article #

Dach citizen is guaranteed the respect and protection of the privac" of his/her personal and famil"life and of his/her dignit" and repute.

Article $

The inviolabilit" of the home is guaranteed.

The right to the inviolabilit" of the home ma" be restricted onl" b" a court decision in cases of thedetection or prevention of criminal oBences or the protection of people*s health.

Article %

Dver" citizen of the Republic of Macedonia has the right of free movement on the territor" of theRepublic and freel" to chose his/her place of residence.

Dver" citizen has the right to leave the territor" of the Republic and to return to the Republic.

The e%ercise of these rights ma" be restricted b" law onl" in cases where it is necessar" for theprotection of the securit" of the Republic, criminal investigation or protection of people*s health.

Article &

The defense of the Republic of Macedonia is the right and dut" of ever" citizen.

The e%ercise of this right and dut" of citizen is regulated b" law.

Article

?oreign subects eno" freedoms and rights guaranteed b" the 9onstitution in the Republic ofMacedonia, under conditions regulated b" law and international agreements.

The Republic guarantees the right of as"lum to foreign subects and stateless persons e%pelledbecause of democratic political convictions and activities.

D%tradition of a foreign subect can be carried out onl" on the basis of a rati$ed internationalagreement and on the principle of reciprocit". A foreign subect cannot be e%tradited for politicalcriminal oBences. Acts of terrorism are not regarded as political criminal oBences.

. Ec-*-mic3 /-cial a*+ c4lt4ral ri0ht/

Article !2

The right to ownership of propert" and the right of inheritance are guaranteed.

1wnership of propert" creates rights and duties and should serve the wellbeing of both theindividual and the communit".

4o person ma" be deprived of his/her propert" or of the rights deriving from it, e%cept in casesconcerning the public interest determined b" law.

<f propert" is e%propriated or restricted, rightful compensation not lower than its market value isguaranteed.

Article !1



?oreign subects in the Republic of Macedonia ma" ac&uire the right of ownership of propert" underconditions determined b" law.

Article !

Dver"one has the right to work, to free choice of emplo"ment, protection at work and materialassistance during temporar" unemplo"ment.

Dver" ob is open to all under e&ual conditions.

Dver" emplo"ee has a right to appropriate remuneration.

Dver" emplo"ee has the right to paid dail", weekl" and annual leave. Dmplo"ees cannot waive thisright.

The e%ercise of the rights of emplo"ees and their position are regulated b" law and collectiveagreements.

Article !!

Dver"one is obliged to pa" ta% and other public contributions, as well as to share in the dischargeof public e%penditure in a manner determined b" law.

Article !"

9itizens have a right to social securit" and social insurance, determined b" law and collectiveagreement.

Article !#

The Republic provides for the social protection and social securit" of citizens in accordance withthe principle of social ustice.

The Republic guarantees the right of assistance to citizens who are in$rm or un$t for work.

The Republic provides particular protection for invalid persons, as well as conditions for theirinvolvement in the life of the societ".

Article !$

The Republic guarantees particular social securit" rights to veterans of the Anti'?ascist =ar and ofall Macedonian national liberation wars, to war invalids, to those e%pelled and imprisoned for theideas of the separate identit" of the Macedonian people and of Macedonian statehood, as well asto members of their families without means of material and social subsistence.

The particular rights are regulated b" law.

Article !%

<n order to e%ercise their economic and social rights, citizens have the right to establish tradeunions. Trade unions can constitute confederations and become members of international tradeunion organizations.

The law ma" restrict the conditions for the e%ercise of the right to trade union organization in thearmed forces, the police and administrative bodies.

Article !&

The right to strike is guaranteed.



The law ma" restrict the conditions for the e%ercise of the right to strike in the armed forces, thepolice and administrative bodies.

Article !

Dver" citizen is guaranteed the right to health care.

9itizens have the right and dut" to protect and promote their own health and the health of others.

Article "2

The Republic provides particular care and protection for the famil".

The legal relations in marriage, the famil" and cohabitation are regulated b" law.

)arents have the right and dut" to provide for the nurturing and education of their children.9hildren are responsible for the care of their old and in$rm parents.

The Republic provides particular protection for parentless children and children without parental

care.

Article "1

<t is a human right freel" to decide on the procreation of children.

The Republic conducts a humane population polic" in order to provide balanced economic andsocial development.

Article "

The Republic particularl" protects mothers, children and minors.

A person under -5 "ears of age cannot be emplo"ed.

Minors and mothers have the right to particular protection at work.

Minors ma" not be emplo"ed in work which is detrimental to their health or moralit".

Article "!

Dver"one has the right to a health" environment to live in.

Dver"one is obliged to promote and protect the environment.

The Republic provides conditions for the e%ercise of the right of citizens to a health" environment.

Article ""

Dver"one has a right to education.

Dducation is accessible to ever"one under e&ual conditions.

primar" education is compulsor" and free.

Article "#

9itizens have a right to establish private at schools at all levels of education, with the e%ception ofprimar" education, under conditions determined b" law.



Article "$

The autonom" of universities is guaranteed.

The conditions of establishment, performance and termination of the activities of a universit" areregulated b" law.

Article "%

The freedom of scholarl", artistic and other forms of creative work is guaranteed.

Rights deriving from scholarl", artistic or other intellectual creative work are guaranteed.

The Republic stimulates, assists and protects the development of scholarship, the arts and culture.

The Republic stimulates and assists scienti$c and technological development.

The Republic stimulates and assists technical education and sport.

Article "&

Members of communities have a right freel" to e%press, foster and develop their identit" andcommunit" attributes, and to use their communit" s"mbols.

The Republic guarantees the protection of the ethnic, cultural, linguistic and religious identit" of allcommunities.

Members of communities have the right to establish institutions for culture, art, science andeducation, as well as scholarl" and other associations for the e%pression, fostering anddevelopment of their identit".

Members of communities have the right to instruction in their language in primar" and secondar"

education, as determined b" law. <n schools where education is carried out in another language,the Macedonian language is also studied.

This article is replaced by mendment "!!!#

Article "

The Republic cares for the status and rights of those persons belonging to the Macedonian peoplein neighbouring countries, as well as Macedonian e%patriates, assists their cultural developmentand promotes links with them. <n the e%ercise of this concern the Republic will not interfere in thesovereign rights of other states or in their internal aBairs. <tem - of Amendment << is an Addendumof paragraph - of article @.

The Republic cares for the cultural, economic and social rights of the citizens of the Republicabroad.

!. '4ara*tee/ - ba/ic ree+-m/ a*+ ri0ht/

Article #2

Dver" citizen ma" invoke the protection of freedoms and rights determined b" the 9onstitutionbefore the regular courts, as well as before the 9onstitutional 9ourt of Macedonia, through aprocedure based upon the principles of priorit" and urgenc".

Eudicial protection of the legalit" of individual acts of state administration, as well as of otherinstitutions carr"ing out public mandates, is guaranteed.

A citizen has the right to be informed on human rights and basic freedoms as well as activel" tocontribute, individuall" or ointl" with others, to their promotion and protection.



Article #1

<n the Republic of Macedonia laws shall be in accordance with the 9onstitution and all otherregulations in accordance with the 9onstitution and law.

Dver"one is obliged to respect the 9onstitution and the laws.

Article #

+aws and other regulations are published before the" come into force.

+aws and other regulations are published in 0The 12cial 3azette of the Republic of Macedonia0 atmost seven da"s after the da" of their adoption.

+aws come into force on the eighth da" after the da" of their publication at the earliest, or on theda" of publication in e%ceptional cases determined b" the Assembl".

+aws and other regulations ma" not have a retroactive eBect, e%cept in cases when this is morefavorable for the citizens.

Article #!

Attorne"ship is an autonomous and independent public service, providing legal assistance andcarr"ing out public mandates in accordance with the law.

Article #"

The freedoms and rights of the individual and citizen can be restricted onl" in cases determined b"the 9onstitution.

The freedoms and rights of the individual and citizen can be restricted during states of war oremergenc", in accordance with the provisions of the 9onstitution.

The restriction of freedoms and rights cannot discriminate on grounds of se%, race, color of skin,language, religion, national or social origin, propert" or social status.

The restriction of freedoms and rights cannot be applied to the right to life, the interdiction oftorture, inhuman and humiliating conduct and punishment, the legal determination of punishableoBences and sentences, as well as to the freedom of personal conviction, conscience, thought andreligious confession.

". F-4*+ati-*/ -r ec-*-mic relati-*/

Article ##

The freedom of the market and entrepreneurship is guaranteed.

The Republic ensures an e&ual legal position to all parties in the market. The Republic takesmeasures against monopolistic positions and monopolistic conduct on the market.

The freedom of the market and entrepreneurship san be restricted b" law onl" for reasons of thedefense of the Republic, protection of the natural and living environment or public health.

Article #$

All the natural resources of the Republic of Macedonia, the ora and fauna, amenities in commonuse, as well as the obects and buildings of particular cultural and historical value determined b"law, are amenities of common interest for the Republic and eno" particular protection.



The Republic guarantees the protection, promotion and enhancement of the historical and artisticheritage of Macedonia and all communities in Macedonia and the treasures of which it iscomposed, regardless of their legal status.

Para%raph 2 of article &6 is replaced by item 1 of mendment !'#

The law regulates the mode and conditions under which speci$c items of general interest for theRepublic can be ceded for use.

Article #%

The Republic of Macedonia stimulates economic progress and provides for a more balanced spatialand regional development, as well as for the more rapid development of economicall"underdeveloped regions.

Article #&

1wnership and labor form the basis for management and sharing in decision'making.

)articipation in management and decision'making in public institutions and services is regulatedb" law, on the principles of e%pertise and competence.

Article #

?oreign investors are guaranteed the right to the free transfer of invested capital and pro$ts.

The rights obtained on the basis of the capital invested ma" not be reduced b" law or otherregulations.

Article $2

The 4ational #ank of the Republic of Macedonia is a currenc"'issuing bank.

The 4ational #ank is autonomous and responsible for the stabilit" of the currenc", monetar" polic"and for the general li&uidit" of pa"ments in the Republic and abroad.

The organization and work of the 4ational #ank are regulated b" law.

III. THE OR'ANI(ATION OF STATE AUTHORIT5

1. The A//embl6 - the Re,4blic - Mace+-*ia

Article $1

The Assembl" of the Republic of Macedonia is a representative bod" of the citizens and the

legislative power of the Republic is vested in it.

The organization and functioning of the Assembl" are regulated b" the 9onstitution and b" theRules of )rocedure.

Article $

The Assembl" of the Republic of Macedonia is composed of -68 to -@8 Representatives.

The Representatives are elected at general, direct and free elections and b" secret ballot.

The Representative represents the citizens and makes decisions in the Assembl" in accordancewith his/her personal convictions.

A Representative*s mandate cannot be revoked.



The mode and conditions of election of Representatives are regulated b" a low adopted b" amaorit" vote of the total number of Representatives.

Article $!

The Representatives for the Assembl" are elected for a term of four "ears. The mandate ofRepresentatives is veri$ed b" the Assembl". The length of the mandate is reckoned from theconstitutive meeting of the Assembl". Dach newl"'elected Assembl" must hold a constitutivemeeting 68 da"s at the latest after the election was held. The constitutive meeting is called b" the)resident of the Assembl" of the previous term.

<f a constitutive meeting is not called within the time laid down, the Representatives assemble andconstitute the Assembl" themselves on the twent"'$rst da" after the completion of the elections.

Dlections for Representatives to the Assembl" are held within the last 8 da"s of the term of thecurrent Assembl", or within F8 da"s from the da" of dissolution of the Assembl".

The term of o2ce of the Representatives to the Assembl" can be e%tended onl" during states ofwar or emergenc".

9ases where a citizen cannot be elected a Representative, owing to the incompatibilit" of thiso2ce with other public o2ces or professions alread" held, are de$ned b" law. The Assembl" isdissolved when more than half of the total number of Representatives vote for dissolution.

Article $"

Representatives eno" immunit".

A Representative cannot be held to have committed a criminal oBence or be detained owing toviews he/she has e%pressed or to the wa" he/she has voted in the Assembl".

A Representative cannot be detained without the approval of the Assembl" unless foundcommitting a criminal oBence for which a prison sentence of at least $ve "ears is prescribed.

The Assembl" can decide to invoke immunit" for a Representative without his/her re&uest, shouldit be necessar" for the performance of the Representative*s o2ce.

Representatives ma" not be called up for duties in the Armed ?orces during the course of theirterm of o2ce.

A Representative is entitled to remuneration determined b" law.

Article $#

A Representative ma" resign his/her mandate.

The Representative submits his/her resignation in person at a session of the Assembl".

The mandate of a Representative terminates if he/she is sentenced for a criminal oBence for whicha prison sentence of at least $ve "ears is prescribed.

The Representative can have his/her mandate revoked for committing a criminal oBence makinghim/her un$t to perform the o2ce of a Representative, as well as for absence from the Assembl"for longer than F months for no usti$able reason. Revocation of the mandate is determined b" theAssembl" b" a two'thirds maorit" vote of all Representatives.

Article $$

The Assembl" is in permanent session.

The Assembl" works at meetings.



The meetings of the Assembl" are called b" the )resident of the Assembl".

The Assembl" adopts the Rules of )rocedure b" a maorit" vote of the total number ofRepresentatives.

Article $%

The Assembl" elects a )resident and one or more ice')residents from the ranks of theRepresentatives b" a maorit" vote of the total number of Representatives.

The )resident of the Assembl" represents the Assembl", ensures the application of the Rules of)rocedure and carries out other responsibilities determined b" the 9onstitution and the Rules of)rocedure of the Assembl".

The o2ce of the )resident of the Assembl" is incompatible with the performance of other publico2ces, professions or appointment in a political part".

The )resident of the Assembl" issues notice of the election of Representatives and of the )residentof the Republic.

Article $&

The Assembl" of the Republic of Macedonia

' adopts and changes the 9onstitution;

' adopts laws and gives the authentic interpretation of laws;

' determines public ta%es and fees;

' adopts the budget and the balance of pa"ments of the Republic;

' adopts the spatial plan of the Republic;

' rati$es international agreements;

' decides on war and peace;

' makes decisions concerning an" changes in the borders of the Republic;

' makes decisions on association in and disassociation from an" form of union orcommunit" with other states;

' issues notice of a referendum;

' makes decisions concerning the reserves of the Republic;

' sets up councils;

' elects the 3overnment of the Republic of Macedonia;

' elects udges to the 9onstitutional 9ourt of the Republic of Macedonia;

' (eleted by mendment ''!')

' selects, appoints and dismisses other holders of public and other o2ce determined b"the 9onstitution and law;

' carries out political monitoring and supervision of the 3overnment and other holders odpublic o2ce responsible to the Assembl";



' proclaims amnesties; and

' performs other activities determined b" the 9onstitution.

<n carr"ing out the duties within its sphere of competence, the Assembl" adopts decisions,declarations, resolutions, recommendations and conclusions.

Article $

The Assembl" can take a decision if its meeting is attended b" a maorit" of the total number ofRepresentatives. The assembl" makes decisions b" a maorit" vote of the Representativesattending, but no less than one'third of the total number of Representatives, in so far as the9onstitution does not provide for a &uali$ed maorit".

?or laws that directl" aBect culture, use of language, education, personal documentation, and useof s"mbols, the Assembl" makes decisions b" a maorit" vote of the Representatives attending,within which there must be a maorit" of the votes of the Representatives attending who belong tocommunities not in the maorit" in the population of Macedonia. <n the event of a dispute withinthe Assembl" regarding the application of this provision, the 9ommittee on <nter'9ommunit"Relations shall resolve the dispute.

rticle 6* is replaced by items 1 and 2 of mendment '#

Article %2

The meetings of the Assembl" are open to the public.

The Assembl" ma" decide to work without the presence of the public b" a two'thirds maorit" voteof the total number of Representatives.

Article %1

The right to propose adoption of a law is given to ever" Representative of the Assembl", to the

3overnment of the Republic and to a group of at least -8,888 voters.

The initiative for adopting a law ma" be given to the authorized instances b" an" citizen, group ofcitizens, institutions or associations.

Article %

An interpellation ma" be made concerning the work of an" public o2ce'holder, the 3overnmentand an" of its members individuall", as well as on issues concerning the performance of statebodies.

<nterpellation ma" be made b" a minimum of $ve Representatives.

All Representatives have the right to ask a RepresentativeCs &uestion.

The mode and procedure for submitting and debating on an interpellation and RepresentativeCs&uestion are regulated b" the Rules of )rocedure.

Article %!

The Assembl" decides on issuing notice of a referendum concerning speci$c matters within itssphere of competence b" a maorit" vote of the total number of Representatives.

The decision of the maorit" of voters in a referendum is adopted on condition that more than halfof the total number of voters voted.

The Assembl" is obliged to issue notice of a referendum if one is proposed b" at least -58,888voters.



The decision made in a referendum is binding.

Article %"

The Assembl" makes decisions on an" change in the borders of the Republic b" a two'thirdsmaorit" vote of the total number of Representatives.

The decision on an" change in the borders of the Republic is adopted b" referendum, in so far as itis accepted b" the maorit" of the total number of voters.

Article %#

+aws are declared b" promulgation.

The promulgation declaring a law is signed b" the )resident of the Republic and the )resident ofthe Assembl".

The )resident of the Republic ma" decide not to sign the promulgation declaring a law. TheAssembl" reconsiders the law and the )resident of the Republic is then obliged to sign the

promulgation in so far as it is adopted b" a maorit" vote of the total number of Representatives.

The )resident is obliged to sign a promulgation if the law has been adopted b" a two'thirdsmaorit" vote of the total number of Representatives in accordance with the 9onstitution.

Article %$

The Assembl" sets up permanent and temporar" working bodies.

The Assembl" ma" set up surve" commissions for an" domain or an" matter of public interest.

A proposal for setting up a surve" commission ma" be submitted b" a minimum of 68Representatives.

The Assembl" sets up a permanent surve" commission for the protection of the freedoms andrights of citizens.

The $ndings of the surve" commissions form the basis for the initiation of proceedings to ascertainthe answerabilit" of public o2ce'holders.

Article %%

The Assembl" elects the )ublic Attorne" b" a maorit" vote of the total number of Representatives,within which there must be a maorit" of the votes of the total number of Representatives whobelong to communities not in the maorit" in the population of Macedonia. Para%raph 1 of article77 is replaced by item 1 of mendment '!

The )ublic Attorne" protects the constitutional and legal rights of citizens when violated b" bodiesof state administration and b" other bodies and organizations with public mandates. The )ublicAttorne" protects the constitutional rights and legal rights of citizens when these are violated b"bodies of state administration and b" other bodies and organizations with public mandates. The)ublic Attorne" shall give particular attention to safeguarding the principles of non'discriminationand e&uitable representation of communities in public bodies at all levels and in other areas ofpublic life. !tem 2 of the same mendment is an ddendum to para%raph 2 of this article#

The )ublic Attorne" is elected for a term of eight "ears, with the right to one reelection.

The conditions for election and dismissal, the sphere of competence and the mode of work of the)ublic Attorne" are regulated b" law.

Article %&

The Assembl" shall establish a 9ommittee for <nter'9ommunit" Relations.



The 9ommittee consists of - members of whom > members each are from the ranks of theMacedonians and Albanians within the Assembl", and a member each from among the Turks,lachs, Romas, !erbs and #osnians. <f one of the communities does not have representatives, the)ublic Attorne", after consultation with relevant representatives of those communities, shallpropose the remaining members of the 9ommittee.

The Assembl" elects the members of the 9ommittee.

The 9ommittee considers issues of inter'communit" relations in the Republic and makes appraisalsand proposals for their solution.

The Assembl" is obliged to take into consideration the appraisals and proposals of the 9ommitteeand to make decisions regarding them.

<n the event of a dispute among members of the Assembl" regarding the application of the votingprocedure speci$ed in Article FG6H, the 9ommittee shall decide b" a maorit" vote whether theprocedure applies.

This article is replaced +ith mendment '!!#

. The Pre/i+e*t - the Re,4blic - Mace+-*ia

Article %

The )resident of the Republic Macedonia represents the Republic. The president of the Republic is9ommander'in'9hief of the Armed ?orces of Macedonia.

The )resident of the Republic e%ercises his/her rights and duties on the basis and within theframework of the 9onstitution and laws.

Article &2

The )resident of the Republic is elected in general and direct elections, b" secret ballot, for a term

of $ve "ears.

A person ma" be elected )resident of the Republic two times at most.

The )resident of the Republic shall be a citizen of the Republic of Macedonia.

A person ma" be elected )resident of the Republic if over the age of at least @8 on the da" ofelection.

A person ma" not be elected )resident of the Republic if, on the da" of election, he/she has notbeen a resident of the Republic of Macedonia for at least ten "ears within the last $fteen "ears.

Article &1

A candidate for )resident of the Republic can be nominated b" a minimum of -8,888 voters or atleast 78 Representatives.

A candidate for )resident of the Republic is elected if voted b" a maorit" of the total number ofvoters.

<f in the $rst round of voting no candidate wins the maorit" re&uired, voting in the second round isrestricted to the two candidates who have won most votes in the $rst round.

The second round takes place within -@ da"s of the termination of voting in the $rst round.

A candidate is elected )resident if he/she wins a maorit" of the votes of those who voted, providedmore than half of the registered voters voted.



<f in the second round of voting no candidate wins the re&uired maorit" of votes, the wholeelectoral procedure is repeated.

<f onl" one candidate is nominated for the post od )resident of the Republic and he/she does notobtain the re&uired maorit" of votes in the $rst round, the whole electoral procedure is repeated.

The election of the )resident of the Republic takes place within the last F8 da"s of the term of theprevious )resident. !hould the term of o2ce of the )resident of the Republic be terminated for an"reason, the election of a new )resident takes place within @8 da"s from the da" of termination.

#efore taking up o2ce, the )resident of the Republic makes a solemn declaration before theAssembl" of his/her commitment to respect the 9onstitution and the laws.

Article &

<n case of death, resignation, permanent inabilit" to perform his/her duties, or in case oftermination of the mandate in accordance with the provisions of the 9onstitution, the o2ce of the)resident of the Republic is carried out b" the )resident of the Assembl" until the election of thenew )resident.

ecisions on the applicabilit" of the conditions, for the cessation of o2ce of the )resident of theRepublic are the o2cial dut" of the 9onstitutional 9ourt.

!hould the )resident of the Republic be temporaril" unable to perform his/her duties, the )residentof the Assembl" deputizes for him/her.

=hile the )resident of the Assembl" is performing the o2ce of )resident of the Republic, he/shetakes part in the work of the Assembl" without the right to vote.

Article &!

The dut" of the )resident of the Republic is incompatible with the performance of an" other publico2ce, profession or appointment in a political part".

The )resident of the Republic is granted immunit".

The 9onstitutional 9ourt decides b" a two'thirds maorit" vote of the total number of udges on an"case for withholding immunit" and approving of detention for the )resident of the Republic.

Article &"

The )resident of the Republic of Macedonia

' nominates a mandator to constitute the 3overnment of the Republic of Macedonia;

' appoints and dismisses b" decree ambassadors and other diplomatic representatives of

the Republic of Macedonia abroad;

' accepts the credentials and letters of recall of foreign diplomatic representatives;

' proposes two udges to sit on the 9onstitutional 9ourt of the Republic of Macedonia;

' )roposes two members of the Eudicial 9ouncil of the Republic of Macedonia; mendment ''!! replaces line & of article ,-)

' appoints three members to the !ecurit" 9ouncil of the Republic of Macedonia;

' .ine 7 of article ,- is erased by item 1 of mendment '!!)

' appoints and dismisses other holders of state and public o2ce determined b" the9onstitution and the law;



' grants decorations and honours in accordance with the law;

' grants pardons in accordance with the law; and

' performs other duties determined b" the 9onstitution.

Article &#

The )resident of the Republic addresses the Assembl" on issues within his/her sphere ofcompetence at least once a "ear.

The Assembl" ma" re&uest the )resident of the Republic to state an opinion on issues withinhis/her sphere of competence.

Article &$

The )resident of the Republic is )resident of the !ecurit" 9ouncil of the Republic of Macedonia.

The !ecurit" 9ouncil of the Republic is composed of the )resident of the Republic, the )resident of

the Assembl", the )rime Minister, the Ministers heading the bodies of state administration in the$elds of securit", defense and foreign aBairs and three members appointed b" the )resident of theRepublic. <n appointing the three members, the )resident shall ensure that the !ecurit" 9ouncil asa whole e&uitabl" reects the composition of the population of Macedonia. !tem 1 of mendment

'!!! is an ddendum to para%raph 2 of article ,6#

The 9ouncil considers issues relating to the securit" and defense of the Republic and makes polic"proposals to the Assembl" and the 3overnment.

Article &%

The )resident is held accountable for an" violation of the 9onstitution in e%ercising his/her rightsand duties.

The procedure for determining the )resident of the RepublicCs answerabilit" is initiated b" theAssembl" with a two'thirds maorit" vote of all Representatives.

<t is the 9onstitutional 9ourt that decides on the answerabilit" of the )resident b" a two'thirdsmaorit" vote of all udges.

<f the 9onstitutional 9ourt considers the president answerable for a violation, his/her mandate isterminated b" the force of the 9onstitution.

!. The '-)er*me*t - the Re,4blic - Mace+-*ia

Article &&

D%ecutive power is vested in the 3overnment of the Republic of Macedonia.

The 3overnment e%ercises its rights and competence on the basis and within the framework of the9onstitution and law.

Article &

The 3overnment is composed of a prime Minister and Ministers.

The )rime Minister and the Ministers cannot be Representatives in the Assembl".

The )resident eno"s immunit". The Assembl" decides on his/her immunit".

mendment ''!!! replaces para%raph $ of rticle ,*



The )rime Minister, eput" )rime Ministers and Ministers cannot be called up for duties in theArmed ?orces.

The o2ce of )rime Minister or Minister is incompatible with an" other public o2ce or profession.

The organization and mode of working of the 3overnment are regulated b" law.

Article 2

The )resident of the Republic of Macedonia is obliged, within -8 da"s of the constitution of theAssembl", to entrust the mandate for constituting the 3overnment to a candidate from the part"or parties which has/have a maorit" in the Assembl".

=ithin 68 da"s from the da" of being entrusted with the mandate, the mandator submits aprogramme to the Assembl" and proposes the composition of the 3overnment.

The 3overnment is elected b" the Assembl" on the proposal of the mandator and on the basis ofthe programme b" a maorit" vote of the total number of Representatives.

Article 1

The 3overnment of the Republic of Macedonia

' determines the polic" of carr"ing out the laws and other regulations of the Assembl" andis responsible for their e%ecution;

' proposes laws, the budget of the Republic and other regulations adopted b" theAssembl";

' proposes a spatial plan of the Republic;

' proposes decisions concerning the reserves of the Republic and sees to their e%ecution;

' adopts b"laws and other acts for the e%ecution of laws;

' la"s down principles on the internal organization and work of the Ministries and otheradministrative bodies, directing and supervising their work;

' provides appraisals of drafts of laws and other acts submitted to the Assembl" b" otherauthorized bodies;

' decides on the recognition of states and governments;

' establishes diplomatic and consular relations with other states;

' makes decisions on opening diplomatic and consular o2ces abroad;

' proposes the appointment of ambassadors and Representatives of the Republic ofMacedonia abroad and appoints chiefs of consular o2ces;

' proposes !tate )rosecutor of the Republic of Macedonia following a prior opinion of the9ouncil of )ublic )rosecutors; mendment ''!" replaces subpara%raph 12 of article *1

' appoints and dismisses holders of public and other o2ce determined b" the 9onstitutionand laws; and

' performs other duties determined b" the 9onstitution and law.

Article



The 3overnment and each of its members are accountable to the Assembl".

The Assembl" ma" take a vote of no'con$dence in the 3overnment.

A vote of no'con$dence in the 3overnment ma" be initiated b" a minimum of 68 Representatives.

The vote of no'con$dence in the 3overnment is taken after three da"s have elapsed from the da"of its proposal.

Another vote of no'con$dence in the 3overnment ma" not be proposed before 8 da"s haveelapsed since the last such vote, unless proposed b" a maorit" of all Representatives.

A vote of no'con$dence in the 3overnment is adopted b" a maorit" vote of all theRepresentatives. <f a vote of no'con$dence in the 3overnment is passed, the 3overnment isobliged to submit its resignation.

Article !

The 3overnment itself has the right to raise the &uestion of con$dence before the Assembl".

The 3overnment has the right go submit its resignation.

The resignation of the )rime Minister, his/her death or permanent inabilit" to perform his/her dutiesentail the resignation of the 3overnment.

The 3overnment ceases its term of o2ce when the Assembl" is dissolved.

=hen a vote of no'con$dence in the 3overnment has been passed, it has submitted itsresignation, or its term of o2ce has ceased owing to the dissolution of the Assembl", the same3overnment remains on dut" until the election of a new 3overnment.

Article "

A member of the 3overnment has the right to submit his/her resignation.

The )rime Minister ma" propose the dismissal of a member of the 3overnment.

The Assembl" decides on the proposal for the dismissal of a member of the 3overnment at its $rstmeeting following the proposal.

<f the )rime Minister dismisses more than one'third of the initial composition of the 3overnment,the Assembl" follows the same procedure as for the election of a new 3overnment.

Article #

The state administration consists of Ministries and other administrative bodies and organizationsdetermined b" law.

)olitical organization and activities within bodies of state administration are prohibited.

The organization and work of the bodies of state administration are regulated b" a law to beadopted b" a two'thirds maorit" vote of all Representatives.

Article $

The bodies of state administration perform the duties within their sphere of competenceautonomousl" and on the basis and within the framework of the 9onstitution and laws, beingaccountable for their work to the 3overnment.

Article %



The bodies of state administration in the $elds of defense and the police are to be headed b"civilians who have been civilians for at least three "ears before their election to these o2ces.

". The 74+iciar6

Article &

Eudicial power is e%ercised b" the courts.

The courts are autonomous and independent. 9ourts udge on the basis of the 9onstitution andlaws and international agreements rati$ed in accordance with the 9onstitution.

The e%traordinar" courts are prohibited.

The t"pes of courts, their competence, establishment, abrogation, organization and composition,as well as the procedure the" follow are regulated b" a law adopted b" a maorit" vote of two'thirds of the total number of Members of )arliament.

mendment ''" replaces article *,#

Article

A udge is elected without restriction of his/her term of o2ce.

A udge cannot be transferred against his/her will.

The udicial function will cease:

' upon the udge*s re&uest;

' if he permanentl" loses his capabilit" for e%ecuting the udicial function, which shall bedetermined b" the udicial council of the Republic of Macedonia;

' if he ful$lls the terms for retirement;

' if he has been sentenced with $nal udgment for a criminal oBence committed withpremeditation to unconditional sentence of imprisonment of at least F months; and

' if he is elected or appointed to another public function, e%cept when the udicial functionis temporar" suspended under conditions determined b" law.

The udge is dismissed :

' because of a disciplinar" breach which makes him/her un$t to serve as a udge asstipulated b" law; and

' because of incompetent and unethical e%ecution of udicial o2ce under conditions setout b" law.

Point 1 of the mendment ''"! replaces para%raph $ of rticle **#

Article 122

Eudges are granted immunit".

The Eudge shall not be held criminall" accountable for his/her e%pressed opinion and decision in theadoption of udicial decision.

The udge shall not be detained without approval of the Eudicial 9ouncil of the Republic ofMacedonia, e%cept if he has been caught in agranti for a criminal oBence for which imprisonment



in duration of at least 5 "ears is determined. Point 1 of the mendment ''"!! replaces para%raph 2of rticle 100#

Eudicial o2ce is incompatible with membership in political part" or e%ecution of other publicfunctions or professions as stipulated b" law. Point 2 of the mendment ''"!! replaces para%raph$ of rticle 100#

)olitical organization and activit" in the udiciar" is prohibited.

Article 121

The !upreme 9ourt of the Republic of Macedonia is the highest court in the Republic, providinguniformit" in the implementation of the laws b" the courts.

Article 12

9ourt hearings and the passing of verdicts are public.

The public can be e%cluded in cases determined b" law.

Article 12!

The court tries cases in council.

The law determines cases in which a udge can sit alone.

Eur" udges take part in a trial in cases determined b" law.

Eur" udges cannot be held answerable for their opinions and decisions concerning their verdict.

Article 12"

Eudicial 9ouncil of the Republic of Macedonia is an autonomous and independent bod" of the udiciar". The 9ouncil secures and guarantees the independence and impartialit" of the udicialpower.

The 9ouncil shall be composed of -5 members.

ocio members of the 9ouncil shall be the )resident of the !upreme 9ourt of Republic ofMacedonia and the Minister of Eustice.

Dight members of the 9ouncil shall be elected b" peer udges. Three of the elected members arerepresentatives of the communities that are not in the maorit" in the Republic of Macedonia,thereb" the e&uitable and ust representation of the citizens that are representatives to allcommunities will be respected.

Three members of the 9ouncil shall be elected b" the )arliament of the Republic of Macedonia b" amaorit" of votes from the total number of the members of the parliament, and it must have amaorit" of votes from the total number of the members of the parliament that are representativesof the communities that are not maorit" in the Republic of Macedonia.

Two members of the 9ouncil shall be appointed b" the )resident of the Republic of Macedonia, outof which one shall be the member of the communities that are not maorit" in Republic ofMacedonia.

The members of the 9ouncil that are elected b" the )arliament of the Republic of Macedonia i.e.that are appointed b" the )resident of Republic of Macedonia shall be universit" law professors,attorne"s and other distinguished law"ers.

The mandate of the elected and appointed members of the !tate Eudicial 9ouncil shall be F "earswith the right to be re'elected once more.



The conditions and procedure for election, appointment, as well as the basis and procedure fortermination of the o2ce and dismissal of the 9ouncil member shall be regulated b" law.

The o2ce of elected and appointed member of the 9ouncil is incompatible with membership inpolitical part" or e%ecution of other public functions and professions as stipulated b" law. The

mendment ''"!!! replaces rticle 10-#

Article 12#

The Eudicial 9ouncil of the Republic of Macedonia :

' is appointing and dismissing the udges and the la" udges;

' determines cessation of the udicial function;

' is appointing and dismissing the presidents of the courts;

' is following and assessing the work of the udges;

' decides for disciplinar" responsibilit" of the udges;

' decides for deprivation of the immunit" of udges;

' proposes two udges of the 9onstitutional 9ourt of the Republic of Macedonia; and

' performs other matters determined b" law.

<n the election of udges, la" udges and presidents of the courts e&uitable and ust representationof the citizens who belong to all communities shall be observed.

The 9ouncil for its work submits an Annual report to the )arliament of the Republic of Macedonia,whose form, content and manner of adoption shall be stipulated in law. The mendment ''!'

replaces article 10&#

Article 12$

The )ublic )rosecutorCs 12ce is a single and autonomous state bod" carr"ing out legal measuresagainst persons who have committed criminal and other oBences determined b" law, it alsoperforms other duties determined b" law.

The !tate )rosecutor*s 12ce performs its functions on the basis of the 9onstitution, the laws andthe <nternational Treaties rati$ed in accordance with the 9onstitution.

The function of the !tate )rosecutor*s 12ce is e%ercised b" the )ublic )rosecutor of the Republicof Macedonia and the public prosecutors.

The competence, establishment, abolishment, organization and the functioning of the )ublic)rosecutor*s 12ce are regulated b" law which is brought with two'thirds maorit" out of the totalnumber of the members of the parliament.

The )ublic )rosecutor of the Republic of Macedonia is appointed and dismissed b" the )arliamentof the Republic of Macedonia for a time period of F "ears with the right for re'appointment.

The public prosecutors are elected b" the 9ouncil of !tate )rosecutors without an" limitations ofthe duration of their mandate.

<n the election of public prosecutors e&uitable and ust representation of citizens belonging to allcommunities shall be observed.

The 9ouncil decides on the dismissal of public prosecutors.



The competence, composition, and structure of the 9ouncil, the mandate of his members, as wellas the basis and procedure for termination and dismissal of a member of the 9ouncil shall bestipulated b" law.

#asis and procedure for termination and dismissal of )ublic )rosecutor of the Republic ofMacedonia and public prosecutors shall be determined b" law.

The o2ce of )ublic )rosecutor of the Republic of Macedonia and public prosecutor is incompatiblewith membership in political part" or with e%ecution of another public function or professions asstipulated b" law.

The mendment ''' replaces para%raphs 2 and $ of rticle 106#

Article 12%

rticle 107 is deleted by the mendment '''#

IV. THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MACEDONIA

Article 12&

The 9onstitutional 9ourt of the Republic of Macedonia is a bod" of the Republic protectingconstitutionalit" and legalit".

Article 12

The 9onstitutional 9ourt of the Republic of Macedonia is composed of nine udges.

The Assembl" elects the udges of the 9onstitutional 9ourt. The Assembl" elects si% of the udgesto the 9onstitutional 9ourt b" a maorit" vote of the total number of Representatives. TheAssembl" elects three of the udges b" a maorit" vote of the total number of Representatives,within which there must be a maorit" of the votes of the total number of Representatives whobelong to the communities not in the maorit" in the population of Macedonia. The term of o2ce of

the udges is nine "ears without the right to re'election.

The 9onstitutional 9ourt elects a )resident from its own ranks for a term of three "ears without theright to reelection.

Eudges of the 9onstitutional 9ourt are elected from the ranks of outstanding members of the legalprofession.

Para%raph 2 of article 10* is replaced by item 1 of mendment '"#

Article 112

The 9onstitutional 9ourt of the Republic of Macedonia

' decides on the conformit" of laws with the 9onstitution;

' decides on the conformit" of collective agreements and other regulations with the9onstitution and laws;

' protects the freedoms and rights of the individual and citizen relating to the freedom ofconviction, conscience, thought and public e%pression of thought, political association andactivit" as well as to the prohibition of discrimination among citizens on the ground of se%,race, religion or national, social or political a2liation;

' decides on conicts of competenc" among holders of legislative, e%ecutive and udicialo2ces;

' decides on conicts of competenc" among Republic bodies and units of local self'government;



' decides on the answerabilit" of the )resident of the Republic;

' decides on the constitutionalit" of the programmes and statutes of political parties andassociations of citizens; and

' decides on other issues determined b" the 9onstitution.

Article ---

The o2ce of udge of the 9onstitutional 9ourt is incompatible with the performance of other publico2ce, profession or membership in a political part".

Eudges of the 9onstitutional 9ourt are granted immunit". The 9onstitutional 9ourt decides on theirimmunit".

Eudges of the 9onstitutional 9ourt cannot be called up for duties in the Armed ?orces.

The o2ce of a udge of the 9onstitutional 9ourt ceases when the incumbent resigns. A udge of the9onstitutional 9ourt shall be discharged from o2ce if sentenced for a criminal oBence to

unconditional imprisonment of a minimum of si% months, or if he/she permanentl" loses thecapabilit" of performing his/her o2ce, as determined b" the 9onstitutional 9ourt.

Article 11

The 9onstitutional 9ourt shall repeal or invalidate a law if it determines that the law does notconform to the 9onstitution.

The 9onstitutional 9ourt shall repeal or invalidate a collective agreement, other regulation orenactment, statute or programme of a political part" or association, if it determines that the samedoes not conform to the 9onstitution or law.

The decisions of the 9onstitutional 9ourt are $nal and e%ecutive.

Article 11!

The mode of work and the procedure of the 9onstitutional 9ourt are regulated b" an enactment ofthe 9ourt.

V. LOCAL SELF8'OVERNMENT

Article 11"

The right of citizens to local self'government is guaranteed.

Municipalities are units of local self'government.

=ithin municipalities forms of neighbourhood self'government ma" be established.

Municipalities are $nanced from their own sources of income determined b" law as well as b" fundsfrom the Republic.

+ocal self'government is regulated b" a law adopted b" a two'thirds maorit" vote of the totalnumber of Representatives, within which there must be a maorit" of the votes of the total numberof Representatives who belong to the communities not in the maorit" in the population ofMacedonia. The laws on local $nances, local elections, boundaries of municipalities, and the cit" of!kope shall be adopted b" a maorit" vote of the Representatives attending, within which theremust be a maorit" of the votes of the Representatives attending who belong to the communitiesnot in the maorit" in the population of Macedonia.

Para%raph & of article 11- is replaced by item 1 of mendment '"!#



Article 11#

<n units of local self'government, citizens directl" and through representatives participate indecision'making on issues of local relevance particularl" in the $elds of public services, urban andrural planning, environmental protection, local economic development, local $nances, communalactivities, culture, sport, social securit" and child care, education, health care and other $eldsdetermined b" law. Para%raph 1 of article 11& is replaced by item 1 of mendment '"!!#

The municipalit" is autonomous in the e%ecution of its constitutionall" and legall" determinedspheres of competence; supervision of the legalit" of its work is carried out b" the Republic.

The carr"ing out of speci$ed matters can b" law be entrusted to the municipalit" b" the Republic.

Article 11$

The territorial division of the Republic and the area administered b" each municipalit" are de$nedb" law.

Article 11%

The 9it" of !kope is a particular unit of local self'government the organization of which isregulated b" law.

<n the cit" of !kope the citizens directl" and through representatives participate in decision'making on issues of relevance to the cit" of !kope, particularl" in the $elds of public services,urban and rural planning, environmental protection, local economic development, local $nances,communal activities, culture, sport, social securit" and child care, education, health care and other$elds determined b" law. Para%raph 2 of article 117 is replaced by item 2 of mendment '"!!#

The 9it" of !kope is $nanced from its own sources of income determined b" law, as well as b"funds from the Republic.

The 9it" is autonomous in the e%ecution of its constitutionall" and legall" determined spheres of

competence; supervision of the legalit" of its work is carried out b" the Republic.

#" law, the Republic can entrust the carr"ing out of speci$ed matters to the 9it".

VI. INTERNATIONAL RELATIONS

Article 11&

The international agreements rati$ed in accordance with the 9onstitution are part of the internallegal order and cannot be changed b" law.

Article 11

<nternational agreements are concluded in the name of the Republic of Macedonia b" the )residentof the Republic of Macedonia. <nternational agreements ma" also be concluded b" the 3overnmentof the Republic of Macedonia, when it is so determined b" law.

Article 12

A proposal for association in a union or communit" with other states or for dissociation from aunion or communit" with other states ma" be submitted b" the )resident of the Republic, the3overnment or b" at least @8 Representatives.

The proposal for association in or dissociation from a union or communit" with other states isaccepted b" the Assembl" b" a two'thirds maorit" vote of the total number of Representatives.

The decision of association in or dissociation from a union or communit" is adopted if it is upheld ina referendum b" the maorit" of the total number of voters in the Republic.



Article 11

A decision of association or dissociation concerning membership in international organizations isadopted b" the Assembl" b" a maorit" vote of the total number of Representatives of theAssembl" and proposed b" the )resident of the Republic, the 3overnment or at least @8Representatives of the Assembl".

VII.THE DEFENCE OF THE REPUBLIC AND STATES OF 9AR AND EMER'ENC5

Article 1

The Armed ?orces of the Republic of Macedonia protect the territorial integrit" and independenceof the Republic.

The defense of the Republic is regulated b" a law adopted b" a two'thirds maorit" vote of the totalnumber of Representatives.

Article 1!

4o person is authorized to recognize occupation of the Republic of Macedonia or of part thereof.

Article 1"

A state of war e%ists when direct danger of militar" attack on the Republic is impending, or whenthe Republic is attacked, or war is declared on it.

A state of war is declared b" the Assembl" b" a two'thirds maorit" vote of the total number ofRepresentatives of the Assembl", on the proposal of the )resident of the Republic, the 3overnmentor at least 78 Representatives.

<f the Assembl" cannot meet, the decision on the declaration of a state of war is made b" the)resident of the Republic who submits it to the Assembl" for con$rmation as soon as it can meet.

Article 1#

A state of emergenc" e%ists when maor natural disasters or epidemics take place.

A state of emergenc" on the territor" of the Republic of Macedonia or on part thereof is determinedb" the Assembl" on a proposal b" the )resident of the Republic, the 3overnment or b" at least 78Representatives.

The decision to establish the e%istence of a state of emergenc" is made b" a two'thirds maorit"vote of the total number of Representatives and can remain in force for a ma%imum of 78 da"s.

<f the Assembl" cannot meet, the decision to establish the e%istence of a state of emergenc" ismade b" the )resident of the Republic, who submits it to the Assembl" for con$rmation as soon as

it can meet.

Article 1$

uring a state of war or emergenc", the 3overnment, in accordance with the 9onstitution and law,issues decrees with the force of law.

The authorization of the 3overnment to issue decrees with the force of law lasts until thetermination of the state of war or emergenc", on which the Assembl" decides.

Article 1%

uring the state of war, if the Assembl" cannot meet, the )resident of the Republic ma" appointand discharge the 3overnment, as well as appoint or dismiss o2cials whose election is within thesphere of competence of the Assembl".



Article 1&

The mandate of the udges of the 9onstitutional 9ourt of Macedonia, as well as members of theRepublican Eudicial 9ouncil is e%tended for the duration of the state of war or emergenc".

VIII. CHAN'ES IN THE CONSTITUTION

Article 1

The 9onstitution of the Republic of Macedonia can be changed or supplemented b" constitutionalamendments.

Article 1!2

A proposal to initiate a change in the 9onstitution in the Republic of Macedonia ma" be made b"the )resident of the Republic, b" the 3overnment, b" at least 78 Representatives, or b" -58,888citizens.

Article 1!1

The decision to initiate a change in the 9onstitution is made b" the Assembl" b" a two'thirdsmaorit" vote of the total number of Representatives.

The draft amendment to the 9onstitution is con$rmed b" the Assembl" b" a maorit" vote of thetotal number of Representatives and then submitted to public debate.

The decision to change the 9onstitution is made b" the Assembl" b" a two'thirds maorit" vote ofthe total number of Representatives.

The change in the 9onstitution is declared b" the Assembl".

A decision to amend the )reamble, the articles on local self'government, Article -7-, an" provision

relating to the rights of members of communities, including in particular Articles >, , , -, @, 5F,F, >>, >, F, -8@ and -8, as well as a decision to add an" new provision relating to the

subect'matter of such provisions and articles, shall re&uire a two'thirds maorit" vote of the totalnumber of Representatives, within which there must be a maorit" of the votes of the total numberof Representatives who belong to the communities not in the maorit" in the population ofMacedonia.

e+ para%raph - is added to article 1$1 by item 1 of mendment '"!!!#

I:. TRANSITIONAL AND FINAL CLAUSES

Article 1!

Time of residence in other republics in the !ocialist ?ederative Republic of Iugoslavia is alsoincluded in the time span speci$ed in Article 8, )aragraph 5.

Article 1!!

A 9onstitution Act shall be adopted for the implementation of the 9onstitution.

The 9onstitution Act is adopted b" a two'thirds maorit" vote of the total number ofRepresentatives.

The 9onstitution Act is declared b" the Assembl" and comes into force simultaneousl" with thedeclaration of the 9onstitution.

Article 1!"



This 9onstitution comes into force on the da" it is declared in the Assembl" of the Republic ofMacedonia.

Constitution of the Former Yugoslav Republic of Macedonia (English Version)

Documents

Transcript of Constitution of the Former Yugoslav Republic of Macedonia (English Version)