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CONSTITUTION OF THE REPUBLIC OF MACEDONIA
Taking as the points of depat!ethe historical, cultural,
spiritual and statehoodheitageof the Macedonian people and their
struggle o"e #ent!iesfor national and social freedomas well as fo
the #eation of thei o$n state, and pati#!%a%&the traditions of
statehoodand %ega%it&of the Krushevo Republic and the histoi#
de#isionsof the Anti'Fas#ist
Asse()%& of the Peop%e*s Li)eationof Macedonia, together
with the constitutional andlegal #ontin!it&of the Macedonian
state as a so"eeign ep!)%i#within Federal Yugoslaviaand the
fee%& (anifested $i%%of the citizens of the Republic of
Macedonia in theefeend!( of September 8th, !!, as well as the
historical fact that Macedonia isesta)%ished asa nationa% stateof
the Macedonian people, in which f!%% e+!a%it& as#iti,ens and
pe(anent #o'e-isten#ewith the Macedonian people is po"ided
fo"lbanians, Tur#s, $lachs, Romanies and othe nationa%itiesliving
in the Republic ofMacedonia, and intent on%
& the establishment of the Republic of Macedonia as a
sovereign and independent state, as$e%% asa civil and democratic
one'& the esta)%ish(ent and #onso%idation of the !%e of %a$as a
f!nda(enta% s&ste( ofgo"en(ent'& the g!aanteeingof human
rights, citizens, freedoms and ethnic e(ualit)'& the po"ision
ofpeace and a #o((on ho(efor the Macedonian people with
thenationalities living in the Republic of Macedonia' and on&
the provision of social *ustice, economic $e%%)eingand
pospeit&in the %ife of theindi"id!a% and the #o((!nit&,
the "ssembl) of the Republic of Macedonia adoptsT+ -./ST0T1T0./
.F T+R21340- .F M"-5./0"
CONSTITUTION OF THE REPUBLIC OF MACEDONIA
I. BASIC PRO/ISIONS
"rticle
The Republic of Macedonia is a so"eeign, independent, democratic
and so#ia%state6The sovereignt) of the Republic of Macedonia is
indi"isi)%e, ina%iena)%eandnontansfea)%e6
"rticle 7
Sovereignt) in the Republic of Macedonia dei"es fo(the citizens
and )e%ongs tothecitizens6The citizens of the Republic of Macedonia
e-e#ise thei a!thoit&tho!ghde(o#ati#a%%& e%e#ted
Repesentati"es, through referendum and through othe fo(sofdie#t
e-pession6
"rticle
The territor) of the Republic of Macedonia is indivisible and
inalienable6 The e-isting)odesod the Republic of Macedonia are
in"io%a)%e6The borders od the Republic ofMacedonia (a& )e
#hangedonl) in a##odan#ewith the -onstitution6
"rticle 9
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-itizens of the Republic of Macedonia have #iti,enshipof the
Republic of Macedonia6 "s!)0e#t ofthe Republic of Macedonia (a&
neithebe depi"edof #iti,enship, nor e-pe%%edor e-taditedto another
state6 -itizenship of the Republic of Macedonia is eg!%ated )&
%a$6
"rticle :
The state s&()o%sof the Republic of Macedonia are the #oat
of a(s, the f%agand thenationa% anthe(6 The coat of arms, the flag
and the national anthem of the Republic ofMacedonia are adopted
)& %a$)& a t$o'thids (a0oit& "oteof the tota%
n!()eof"ssembl) Representatives6
"rticle ;
The #apita%of the Republic of Macedonia is S#op*e6
"rticle press one*s faith fee%&and p!)%i#%&,
individuall) or with others is guaranteed6 The Ma#edonian Othodo-
Ch!#h
and other e%igio!s #o((!nitiesand groups are sepaate fo( the
stateand e+!a%)efoe the %a$6 The Macedonian .rthodo> -hurch and
other religious communities andgroups are fee to esta)%ishschools
and other social and #haita)%e instit!tions, )& $a& ofa
po#ed!eregulated b) law6
"rticle 7=
-itizens are guaranteed freedom of asso#iation to e-e#ise and
pote#ttheir political,economic, social, cultural and other rights
and #on"i#tions6 -itizens ma) freel) establishasso#iations of
#iti,ensand po%iti#a% paties,0oin the( o esign fo( the(6Thepoga((es
and a#ti"itiesof political parties and other associations of
citizens (a& not )edie#ted at the "io%ent dest!#tionof the
#onstit!tiona% odeof the Republic, or at
en#o!age(ent o in#ite(ent to (i%ita& aggessionor ethnic,
racial or e%igio!s hatedor into%ean#e6 Mi%ita&or
paa(i%ita&associations which do not )e%ong tothe A(edFo#es of
the Rep!)%i#of Macedonia are pohi)ited6
"rticle 7
-itizens have the right to asse()%e pea#ef!%%&and toe-pess
p!)%i# potestwithout priorannouncementor a spe#ia% %i#ense6The
e>ercise of this right (a& )e esti#tedonl) duringa state of
e(egen#& o $a6
"rticle 77
ver) #iti,en on ea#hing 4: &eas of ageacquires the right to
vote6 The right to vote ise(ual, universal and direct, and is
e-e#ised atfee e%e#tions)& se#et )a%%ot6 2ersonsdepi"ed of the
ight to pa#ti#e thei pofessionby a court verdictdo not have the
ightto "ote6
"rticle 7
ver) citizen has the right to take pat in the pefo(an#e of
p!)%i# offi#e6
"rticle 79
ver) citizen has a right to petition state and othe p!)%i#
)odies , as well as to e#ei"e anans$e6 " citizen #annot )e #a%%ed
to a##o!nt or s!ffe ad"ese #onse+!en#esforattit!des e-pessed in
petitions, !n%essthe) entai% the #o((itting of a
#i(ina%offen#e6
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"rticle 7:
ach citizen is guaranteed the espe#t and pote#tionof the
pi"a#&of his?her pesona%and fa(i%& %ifeand of his?her
dignit&and ep!te6
"rticle 7;
The in"io%a)i%it&of the home is guaranteed6 The right to the
inviolabilit) of the home (a& )eesti#tedonl) b) a court
decision in #ases of the dete#tion o pe"ention of #i(ina%offen#esor
the pote#tion of peop%e1s hea%th6
"rticle 7ercise of theserights (a& )e esti#ted )&
%a$onl)in #ases $heeit is ne#essa&for the pote#tion ofthe
se#!it&of the Republic, #i(ina% in"estigationor protection of
people,s health6
"rticle 78
The defen#eof the Republic of Macedonia is the ight and
d!t&of e"e& #iti,en6 Thee-e#ise of this ightand dut) of
citizen is eg!%ated )& %a$6
"rticle 7!
Foeign s!)0e#tsen0o& feedo(s and ightsguaranteed b) the
-onstitution in theRepublic of Macedonia, !nde #onditionsregulated
b) law and intenationa% agee(ents6The Republic guarantees the ight
of as&%!(to foreign sub*ects and state%ess pesonse-pe%%ed
)e#a!se of de(o#ati# po%iti#a% #on"i#tions and a#ti"ities 6
E-taditionof a
foreign sub*ect can be #aied o!tonl) on the )asisof a atified
intenationa% agee(entand on the pin#ip%e of e#ipo#it&6 "
foreign sub*ect cannot be e>tradited for po%iti#a%#i(ina%
offen#es6 A#ts of teois(are not egadedas political criminal
offences6
5. E#ono(i#1 so#ia% and #!%t!a% ights
"rticle =
The ight to o$neship of popet) and the right of inheitan#eare
guaranteed6 .wnershipof propert) #eates ightsand duties and sho!%d
se"e the $e%%)eing of )oththe individualand the communit)6 No peson
(a& )e depi"edof his?her propert) or of the ightsdei"ing fo(
it, e-#ept in #ases#on#eningthe p!)%i# inteestdetermined b) law6
0f
propert) is e-popiatedor esti#ted, ightf!% #o(pensationnot %o$e
than its (aket"a%!eis guaranteed6
"rticle
Foreign sub*ects in the Republic of Macedonia (a& a#+!ie the
ight of o$neship ofpopet&!nde #onditions dete(inedb) law6
"rticle 7
E"e&onehas the right to wor#, to fee #hoi#e of
e(p%o&(ent, pote#tion at $okand(ateia% assistan#ed!ing
te(poa& !ne(p%o&(ent6 E"e& 0o) is opento all !nde
e+!a% #onditions6 ver) e(p%o&eehas a right to appopiate
e(!neation6 ver)emplo)ee has the right to paid dai%&1
$eek%& and ann!a% %ea"e6 mplo)ees #annot $ai"e
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this ight6 The e>ercise of the rights of emplo)ees and their
positionare regulated b) lawand #o%%e#ti"e agee(ents6
"rticle
ver)one is o)%iged to pa& ta-and other p!)%i# #onti)!tions,
as well as to shae in the
dis#hage of p!)%i# e-pendit!ein a mannerdetermined b) law6
"rticle 9
-itizens have a right to so#ia% se#!it&and so#ia% ins!an#e,
determined b) law andcollective agreement6
"rticle :
The Republic po"ides fo the so#ia% pote#tionand social securit)
of citizens ina##odan#e $iththe pin#ip%e of so#ia% 0!sti#e6The
Republic guarantees the ight ofassistan#eto citizens who are infi(
o !nfit fo $ok6The Republic provides pati#!%a
pote#tionfor in"a%id pesons, as well as #onditionsfor their
in"o%"e(ent inthe%ife ofthe so#iet&6
"rticle ;
The Republic guarantees pati#!%a so#ia% se#!it& ightsto
"eteansof the Anti'Fas#ist;aand of all Ma#edonian nationa%
%i)eation $as, to $a in"a%ids, to those e-pe%%edand i(pisonedfo the
ideas of the sepaate identit&of the Macedonian people and
ofMacedonian statehood, as well as to (e()es of thei
fa(i%ies$itho!t (eans of(ateia% and so#ia% s!)sisten#e6 The
pati#!%a ightsare regulated b) law6
"rticle ercise their economic and social rights, citizens have
the right to esta)%ish tade!nions6 Trade unions #an #onstit!te
#onfedeationsand )e#o(e (e()esofintenationa% tade !nion
ogani,ations6 The law (a& esti#tthe conditions for
thee>ercise of the right to trade union organization in the a(ed
fo#es, the police andad(inistati"e )odies6
"rticle 8
The right to stikeis guaranteed6 The law ma) restrict the
conditions for the e>ercise of theright to stri#e in the armed
forces, the police and administrative bodies6
"rticle !
ver) citizen is guaranteed the ight to hea%th #ae6 -itizens have
the right and dut) topote#t and po(otethei o$n hea%thand the hea%th
of othes6
"rticle 9=
The Republic provides pati#!%a #aeand pote#tionfor the
fa(i%&6 The lega% e%ations in(aiage, the famil) and
#oha)itationare regulated b) law6 2arents have the right and dut)to
po"ide fo the n!t!ingand ed!#ationof their children6 -hildren are
esponsi)%e fothe #aeof their o%d and infi( paents6 The Republic
provides particular protection forpaent%ess #hi%denand #hi%den
$itho!t paenta% #ae6
"rticle 9
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0t is a human right fee%& to de#ide on the po#eation of
#hi%den6 The Republic #ond!#tsa h!(ane pop!%ation po%i#&in
order topo"ide)a%an#ed e#ono(i# and so#ia%de"e%op(ent6
"rticle 97
The Republic particularl) protects mothers, children and (inos6
" peson !nde 4< &easof agecannot be emplo)ed6 Minors and
mothers have the right to particular pote#tion at$ok6 Minors
(a& not )e e(p%o&edin wor# which is deti(enta%to their
health or(oa%it&6
"rticle 9
ver)one has the right to a hea%th& en"ion(ent to %i"e in6
ver)one is o)%iged to po(oteand pote#tthe environment6 The Republic
provides conditions for the e>ercise of the right ofcitizens to
a health) environment6
"rticle 99
ver)one has a right to ed!#ation6 ducation is a##essi)%e to
e"e&one!nde e+!a%#onditions6 pi(a& ed!#ationis
#o(p!%so& and fee6
"rticle 9:
-itizens have a right to esta)%ish pi"ate at s#hoo%sat a%%
%e"e%s of ed!#ation, $ith thee-#eption ofprimar) education, under
conditions determined b) law6
"rticle 9;
The a!tono(& of !ni"esitiesis guaranteed6 The conditions of
esta)%ish(ent1
pefo(an#e and te(inationof the activities of a universit) are
regulated b) law6
"rticle 9pression, fostering and development of their identit)6
Members of the nationalities havethe right to inst!#tion in thei
%ang!agein primar) and se#onda& ed!#ation, asdetermined b) law6
0n schools where education is #aied o!t inthe language of a
nationalit),the Macedonian %ang!age is a%so st!died6
"rticle 9!
The Republic cares for the stat!s and ights of those pesons
)e%onging to the
Ma#edonian peop%ein neigh)o!ing #o!nties, as well as Macedonian
e-patiates,assists their #!%t!a% de"e%op(entand po(otes %inkswith
them6 The Republic cares forthe cultural, economic and social
rights of the #iti,ens of the Rep!)%i# a)oad6
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=. 2!aantees of )asi# feedo(s and ights
"rticle :=
ver) citizen (a& in"okethe protection of freedoms and rights
determined b) the-onstitution )efoe the eg!%a #o!ts, as well as
)efoe the Constit!tiona% Co!t of
Ma#edonia, tho!gh a po#ed!e )ased !ponthe pin#ip%es of
pioit& and !gen#&6>!di#ia% pote#tionof the %ega%it&
of indi"id!a% a#tsof state ad(inistation, as well as ofother
instit!tions #a&ing o!t p!)%i# (andates, is guaranteed6 "
citizen has the right to)e info(ed on h!(an ightsand )asi#
feedo(sas well as a#ti"e%& to #onti)!te,individuall)
or0oint%& $ith othes, to their promotion and protection6
"rticle :
0n the Republic of Macedonia %a$s sha%% )e in a##odan#e $iththe
-onstitution and a%%othe eg!%ationsin accordance with the
-onstitution and law6 ver)one is o)%iged toespe#tthe -onstitution
and the laws6
"rticle :7
4aws and other regulations are p!)%ished )efoe the& #o(e
into fo#e6 4aws and otherregulations are published in ?The Offi#ia%
2a,ette of the Rep!)%i# of Ma#edonia?at (ostse"en da&s aftethe
da) of thei adoption6 4aws #o(e into fo#eon the eighth da&
aftethe da& of thei p!)%i#ation at the ea%iest , or on the
da& of p!)%i#ationin e-#eptiona%#asesdetermined b) the
"ssembl)6 4aws and other regulations (a& not ha"e a
etoa#ti"eeffe#t, e>cept in cases when this is (oe fa"o!a)%e fo
the #iti,ens6
"rticle :
Attone&shipis an a!tono(o!sand independent p!)%i# se"i#e,
po"iding %ega%
assistan#eand #a&ing o!t p!)%i# (andatesin accordance with
the law6
"rticle :9
The freedoms and rights of the individual and citizen #an )e
esti#tedon%& in #asesdetermined b) the -onstitution6 The
freedoms and rights of the individual and citizen can berestricted
d!ing states of $a o e(egen#), in a##odan#e $iththe po"isionsof
the-onstitution6 The restriction of freedoms and rights cannot
dis#i(inate on go!nds ofse>,race, colour of s#in, language,
religion, national or social origin, propert) or social status6
Therestriction of freedoms and rights #annot )e app%ied tothe ight
to %ife, the intedi#tion oftot!e, inh!(an and h!(i%iating
#ond!#tand p!nish(ent, the %ega% dete(ination ofp!nisha)%e
offen#esand senten#es, as well as to the feedo( of pesona%
#on"i#tion,conscience, thought and religious confession6
6. Fo!ndations fo e#ono(i# e%ations
"rticle ::
The freedom of the (aketand entepene!shipis guaranteed6 The
Republic ens!esane+!a% %ega% positionto a%% patiesin the mar#et6
The Republic takes (eas!es against(onopo%isti# positionsand
(onopo%isti# #ond!#ton the mar#et6 The freedom of themar#et and
entrepreneurship san be restricted b) law on%& fo easons ofthe
defence of theRepublic, protection of the nat!a% and %i"ing
en"ion(entor public health6
"rticle :;
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"ll the nat!a% eso!#esof the Republic of Macedonia, the f%oa and
fa!na, a(enities in#o((on !se, as well as the o)0e#ts and
)!i%dingsof pati#!%a #!%t!a% and histoi#a%"a%!edetermined b) law,
are a(enities of #o((on inteestfor the Republic and
en0o&pati#!%a pote#tion6 The Republic guarantees the
protection, promotion and enhan#e(entof the historical and atisti#
heitageof the Macedonian people and of the nationalities andthe
teas!es of $hi#h it is #o(posedegad%ess of thei %ega% stat!s6 The
law eg!%ates
the (ode and #onditionsunder which spe#ifi# ite(sof genea%
inteestfor the Republiccan be #eded fo !se6
"rticle :ercises his?her rights and duties on the )asis and
$ithin the fa(e$okof the-onstitution and laws6
"rticle 8=
The 2resident of the Republic is elected in general and direct
elections, b) secret ballot, for aterm of five )ears6 " person ma)
be e%e#ted Pesidentof the Republic t$o ti(es at (ost6The 2resident
of the Republic sha%% )e a #iti,en ofthe Republic of Macedonia6 "
person ma)be elected 2resident of the Republic if o"e the age of at
%east 68 on the da) of election6 "person ma) not be elected
2resident of the Republic if, on the da) of election, he?she has
notbeen a esident ofthe Republic of Macedonia fo at %east ten
&eas $ithin the %ast fifteen&eas6
"rticle 8
" candidate for 2resident of the Republic #an )e no(inated
)& a (ini(!( of=,=== voters
or at %east= Representatives6 " candidate for 2resident of the
Republic is e%e#ted if "oted)& a (a0oit&of the total number
of voters6 0f in the fist o!ndof "otingno #andidate $insthe
(a0oit& e+!ied, voting in the se#ond o!ndis esti#ted to the t$o
#andidateswhoha"e $on (ost "otesin the first round6 The second
round takes p%a#e $ithin9 da)s ofthe te(ination of "otingin the
first round6 " candidate is elected 2resident if he?she wins
ama*orit) of the votes of those who voted, po"ided (oe than ha%f of
the egisteed "otes"oted6 0f in the second round of voting no
candidate wins the re(uired ma*orit) of votes, thewhole e%e#toa%
po#ed!e is epeated6 0f onl) one candidate is nominated for the post
od2resident of the Republic and he?she does not o)tain the e+!ied
(a0oit&of votes in thefirst round, the whole electoral
procedure is repeated6
The election of the 2resident of the Republic takes p%a#ewithin
the last ;= da)s of the termof the previous 2resident6 Should the
term of office of the 2resident of the Republic be
terminated for an) reason, the election of a new 2resident ta#es
place within 9= da)s from theda) of termination6Befoe taking !p
offi#e, the 2resident of the Republic (akes a so%e(n
de#%aationbeforethe "ssembl) of his?her commitment to respect the
-onstitution and the laws6
"rticle 87
0n case of death, esignation, pe(anent ina)i%it&to pefo(
his9he d!ties, or in case ofte(ination of the (andatein a##odan#e
$iththe provisions of the -onstitution, the officeof the 2resident
of the Republic is #aied o!t )&the 2resident of the "ssembl)
until theelection of the new 2resident6 5ecisions on the
applicabilit) of the conditions, for thecessation of office of the
2resident of the Republic are the official dut) of the
-onstitutional-ourt6Sho!%d the Pesident of the Republic )e
te(poai%& !na)%e to pefo( his9he d!ties,the 2resident of the
"ssembl) dep!ti,es fo hi(?her6Bhile the 2resident of the "ssembl)
ispefo(ing the offi#e of Pesidentof the Republic, he?she takes pat
in the $ok of theAsse()%& $itho!t the ight to "ote6
"rticle 8
The dut) of the 2resident of the Republic is in#o(pati)%e $ith
the pefo(an#e of an&othe p!)%i# offi#e, profession or
appointment in a political part)6 The 2resident of theRepublic is
ganted i((!nit&6 The Constit!tiona% Co!t de#idesb) a
two&thirds ma*orit)vote of the total number of *udges on
an& #ase fo $ithho%ding i((!nit&and appo"ing ofdetentionfor
the 2resident of the Republic6
"rticle 89
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The 2resident of the Republic of Macedonia& no(inates a
(andato to #onstit!te the 2o"en(entof the Republic of
Macedonia'& appoints and dis(isses )& de#ee a()assadosand
other dip%o(ati# epesentati"esof the Republic of Macedonia
abroad'& a##epts the #edentia%sand %ettes of e#a%%of foreign
diplomatic representatives'& poposes t$o 0!dges to sit onthe
-onstitutional -ourt of the Republic of Macedonia'
& poposes t$o (e()es ofthe Republican >!di#ia%
Co!n#i%'& appoints thee (e()esto the Se#!it& Co!n#i%of the
Republic of Macedonia'
& poposes the (e()es ofthe -ouncil for 0nter&thnic
Relations'& appoints and dis(issesother holders of state and
p!)%i# offi#edetermined b) the-onstitution and the law'& gants
de#oations and hono!sin accordance with the law'& gants
padonsin accordance with the law' and& pefo(s othe
d!tiesdetermined b) the -onstitution6
"rticle 8:
The 2resident of the Republicaddesses the Asse()%&on issues
within his?her sphere ofcompetence at %east on#e a &ea6The
"ssembl) (a& e+!estthe 2resident of the Republic to state an
opinionon issueswithin his?her sphere of competence6
"rticle 8;
The 2resident of the Republic is 2resident of the Securit)
-ouncil of the Republic ofMacedonia6 The Securit) -ouncil of the
Republic is #o(posed of the 2resident of theRepublic, the 2resident
of the "ssembl), the 2rime Minister, the Ministers heading
the)odies of state ad(inistation in the fie%ds of se#!it&1
defen#e and foeign affaisandthree members appointed b) the
2resident of the Republic6 The -ouncil #onsides iss!ese%ating tothe
securit) and defence of the Republic and (akes po%i#& poposa%s
tothe
"ssembl) and the @overnment6
"rticle 8ecution'
& proposes laws, the budget of the Republic and other
regulations adopted b) the "ssembl)'& 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 wor# of the Ministries and
otheradministrative bodies, directing and supervising their
wor#'& provides appraisals of drafts of laws and other acts
submitted to the "ssembl) b) otherauthorized bodies'& decides
on the recognition of states and governments'& establishes
diplomatic and consular relations with other states'& ma#es
decisions on opening diplomatic and consular offices abroad'&
proposes the appointment of ambassadors and Representatives of the
Republic ofMacedonia abroad and appoints chiefs of consular
offices'
& proposes the 2ublic 2rosecutor'& appoints and
dismisses holders of public and other office determined b) the
-onstitution andlaws' and& performs other duties determined b)
the -onstitution and law6
"rticle !7
The @overnment and each of its members are accountable to the
"ssembl)6 The "ssembl)ma) ta#e a vote of no&confidence in the
@overnment6 " vote of no&confidence in the@overnment ma) be
initiated b) a minimum od 7= Representatives6 The vote of
no&confidence in the @overnment is ta#en after three da)s have
elapsed from the da) of itsproposal6 "nother vote of
no&confidence in the @overnment ma) not be proposed before
!=da)s have elapsed since the last such vote, unless proposed b) a
ma*orit) of allRepresentatives6 " vote of no&confidence in the
@overnment is adopted b) a ma*orit) vote ofall the Representatives6
0f a vote of no&confidence in the @overnment is passed,
the@overnment is obliged to submit its resignation6
"rticle !
The @overnment itself has the right to raise the (uestion of
confidence before the "ssembl)6The @overnment has the right go
submit its resignation6 The resignation of the 2rime
Minister,his?her death or permanent inabilit) to perform his?her
duties entail the resignation of the@overnment6 The @overnment
ceases its term of office when the "ssembl) is dissolved6Bhen a
vote of no&confidence in the @overnment has been passed, it has
submitted itsresignation, or its term of office has ceased owing to
the dissolution of the "ssembl), the
same @overnment remains on dut) until the election of a new
@overnment6
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"rticle !9
" member of the @overnment has the right to submit his?her
resignation6 The 2rime Ministerma) propose the dismissal of a
member of the @overnment6 The "ssembl) decides on theproposal for
the dismissal of a member of the @overnment at its first meeting
following theproposal6 0f the 2rime Minister dismisses more than
one&third of the initial composition of the
@overnment, the "ssembl) follows the same procedure as for the
election of a new@overnment6
"rticle !:
The state ad(inistation #onsists ofMinistiesand other
ad(inistati"e )odiesandogani,ations dete(ined )& %a$6 Po%iti#a%
ogani,ation and a#ti"ities$ithin bodies ofstate administration are
pohi)ited6 The organization and wor# of the bodies of
stateadministration are eg!%ated )& a %a$ to )e adopted )&
a two&thirds ma*orit) vote of allRepresentatives6
"rticle !;
The bodies of state administration perform the duties within
their sphere of competencea!tono(o!s%&and on the basis and
within the framewor# of the -onstitution and laws, beingaccountable
for their wor# to the @overnment6
"rticle !!di#ia&
"rticle !8
>!di#ia& po$eis e-e#ised )& #o!ts6 -ourts are
autonomous and independent6 -ourts0!dge on the )asis ofthe
-onstitution and laws and international agreements atified
ina##odan#e $iththe -onstitution6 Thee is one fo( of ogani,ation fo
the 0!di#ia&6E(egen#& #o!tsare prohibited6 The t&pes of
#o!ts, their sphees of #o(peten#e, theiresta)%ish(ent, a)ogation,
ogani,ationand #o(position, as well as the po#ed!e
the&fo%%o$are regulated b) a law adopted b) a ma*orit) vote of
two&thirds of the total number ofRepresentatives6
"rticle !!
" *udge is elected without restriction of his?her term of
office6 " *udge cannot be transferredagainst his?her will6" *udge
is discharged& if he?she so re(uests'& if he?she
permanentl) loses the capabilit) of carr)ing out a *udge,s office,
which isdetermined b) the Republican Cudicial -ouncil'& if
he?she fulfills the conditions for retirement'& if he?she is
sentenced for a criminal offence to a prison term of a minimum of
si> months'& owing to a serious disciplinar) offence defined
in law, ma#ing him?her unsuitable to performa *udge,s office as
decided b) the Republican Cudicial -ouncil' and& owing to
unprofessional and unethical performance of a *udge,s office, as
decided b) theRepublican Cudicial -ouncil in a procedure regulated
b) law6
"rticle ==
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Cudges are granted immunit)6 The "ssembl) decides on the
immunit) of *udges6 Theperformance of a *udge,s office in
incompatible with other public office, profession ormembership in a
political part)6 2olitical organization and activit) in the
*udiciar) isprohibited6
"rticle =
The Supreme -ourt of the Republic of Macedonia is the highest
court in the Republic,providing uniformit) in the implementation of
the laws b) the courts6
"rticle =7
-ourt hearings and the passing of verdicts are public6 The
public can be e>cluded in casesdetermined b) law6
"rticle =
The court tries cases in council6 The law determines cases in
which a *udge can sit alone6
Cur) *udges ta#e part in a trial in cases determined b) law6
Cur) *udges cannot be heldanswerable for their opinions and
decisions concerning their verdict6
"rticle =9
The Republican Cudicial -ouncil is composed of seven members6
The "ssembl) elects themembers of the -ouncil6 The members of the
-ouncil are elected from the ran#s ofoutstanding members of the
legal profession for a term of si> wears with the right to
onereelection6 Members of the Republican Cudicial -ouncil are
granted immunit)6 The "ssembl)decides on their immunit)6 The office
of a member of the Republican Cudicial -ouncil isincompatible with
the performance of other public offices, professions or membership
inpolitical parties6
"rticle =:
The Republican Cudicial -ouncil& proposes to the "ssembl)
the election and discharge of *udges and determines proposalsfor
the discharge of a *udge,s office in cases laid down in the
-onstitution'& decides on the disciplinar) answerabilit) of
*udges'& assesses the competence and ethics of *udges in the
performance of their office' and& proposes two *udges to sit on
the -onstitutional -ourt of the Republic of Macedonia6
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I/. THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MACEDONIA
"rticle =8
The -onstitutional -ourt of the Republic of Macedonia is a
)od& of the Rep!)%i# pote#ting#onstit!tiona%it& and
%ega%it&6
"rticle =!
The -onstitutional -ourt of the Republic of Macedonia is
composed of nine *udges6 The"ssembl) elects the *udges to the
-onstitutional -ourt b) a ma*orit) vote of the total numberof
Representatives6 The term of office of the *udges is nine )ears
without the right toreelection6 The -onstitutional -ourt elects a
2resident from its own ran#s for a term of three)ears without the
right to reelection6 Cudges of the -onstitutional -ourt are elected
from theran#s of outstanding members of the legal profession6
"rticle =
The -onstitutional -ourt of the Republic of Macedonia&
decides on the conformit) of laws with the -onstitution'&
decides on the conformit) of collective agreements and other
regulations with the-onstitution 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
affiliation'& decides on conflicts of competenc) among holders
of legislative, e>ecutive and *udicialoffices'& decides on
conflicts of competenc) among Republic bodies and units of local
self&government'& decides on the answerabilit) of the
2resident 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
-onstitution6
"rticle
The office of *udge of the -onstitutional -ourt is incompatible
with the performance of otherpublic office, profession or
membership in a political part)6 Cudges of the -onstitutional
-ourtare granted immunit)6 The -onstitutional -ourt decides on
their immunit)6 Cudges of the-onstitutional -ourt cannot be called
up for duties in the "rmed Forces6 The office of a *udgeof the
-onstitutional -ourt ceases when the incumbent resigns6 " *udge of
the -onstitutional-ourt shall be discharged from office if
sentenced for a criminal offence to unconditional
imprisonment of a minimum of si> months, or if he?she
permanentl) loses the capabilit) ofperforming his?her office, as
determined b) the -onstitutional -ourt6
"rticle 7
The -onstitutional -ourt shall repeal or invalidate a law if it
determines that the law does notconform to the -onstitution6 The
-onstitutional -ourt shall repeal or invalidate a
collectiveagreement, other regulation or enactment, statute or
programme of a political part) orassociation, if it determines that
the same does not conform to the -onstitution or law6 Thedecisions
of the -onstitutional -ourt are final and e>ecutive6
"rticle
The mode of wor# and the procedure of the -onstitutional -ourt
are regulated b) anenactment of the -ourt6
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/. LOCAL SELF'2O/ERNMENT
"rticle 9
The right of citizens to local self&government is
guaranteed6 Municipalities are units of localself&government6
Bithin municipalities forms of neighbourhood self&government
ma) be
established6 Municipalities are financed from their own sources
of income determined b) lawas well as b) funds from the Republic6
4ocal self&government is regulated b) a law adoptedb) a
two&thirds ma*orit) vote of the total number of
Representatives6
"rticle :
0n units of local self&government, citizens directl) and
through representatives participate indecision&ma#ing on issues
of local relevance particularl) in the fields of urban
planning,communal activities, culture, sport, social securit) and
child care, preschool education,primar) education, basic health
care and other fields determined b) law6 The municipalit)
isautonomous in the e>ecution of its constitutionall) and
legall) determined spheres ofcompetence' supervision of the
legalit) of its wor# is carried out b) the Republic6 The
carr)ing
out of specified matters can b) law be entrusted to the
municipalit) b) the Republic6
"rticle ;
The territorial division of the Republic and the area
administered b) each municipalit) aredefined b) law6
"rticle ecution of its constitutionall) andlegall) determined
spheres of competence' supervision of the legalit) of its wor# is
carried outb) the Republic6 3) law, the Republic can entrust the
carr)ing out of specified matters to the-it)6
/I. INTERNATIONAL RELATIONS
"rticle 8
The international agreements ratified in accordance with the
-onstitution are part of theinternal legal order and cannot be
changed b) law6
"rticle !
0nternational agreements are concluded in the name of the
Republic of Macedonia b) the2resident of the Republic of Macedonia6
0nternational agreements ma) also be concluded b)the @overnment of
the Republic of Macedonia, when it is so determined b) law6
"rticle 7=
" 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 2resident of the Republic,
the@overnment or b) at least 9= Representatives6The proposal for
association in or dissociation from a union or communit) with other
states is
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accepted b) the "ssembl) b) a two&thirds ma*orit) vote of
the total number ofRepresentatives6 The decision of association in
or dissociation from a union or communit) isadopted if it is upheld
in a referendum b) the ma*orit) of the total number of voters in
theRepublic6
"rticle 7
" decision of association or dissociation concerning membership
in internationalorganizations is adopted b) the "ssembl) b) a
ma*orit) vote of the total number ofRepresentatives of the "ssembl)
and proposed b) the 2resident of the Republic, the@overnment or at
least 9= Representatives of the "ssembl)6
/II.THE DEFENCE OF THE REPUBLIC AND STATES OF ;AR AND
EMER2ENC@
"rticle 77
The A(ed Fo#esof the Republic od Macedonia pote#t the teitoia%
integit&andindependence of the Republic6 The defence of the
Republic is eg!%ated )&a law adopted b)
a two&thirds ma*orit) vote of the total number of
Representatives6
"rticle 7
No peson is a!thoi,ed to e#ogni,e o##!pationof the Republic of
Macedonia or of pattheeof6
"rticle 79
" state of war e>ists when direct danger of militar) attac#
on the Republic is impending, orwhen the Republic is attac#ed, or
war is declared on it6 " state of war is declared b) the"ssembl) b)
a two&thirds ma*orit) vote of the total number of
Representatives of the
"ssembl), on the proposal of the 2resident of the Republic, the
@overnment or at least =Representatives6 0f the "ssembl) cannot
meet, the decision on the declaration of a state ofwar is made b)
the 2resident of the Republic who submits it to the "ssembl) for
confirmationas soon as it can meet6
"rticle 7:
" state of emergenc) e>ists when ma*or natural disasters or
epidemics ta#e place6 " state ofemergenc) on the territor) of the
Republic of Macedonia or on part thereof is determined b)the
"ssembl) on a proposal b) the 2resident of the Republic, the
@overnment or b) at least= Representatives6 The decision to
establish the e>istence of a state of emergenc) is madeb) a
two&thirds ma*orit) vote of the total number of Representatives
and can remain in forcefor a ma>imum of = da)s6 0f the "ssembl)
cannot meet, the decision to establish thee>istence of a state
of emergenc) is made b) the 2resident of the Republic, who submits
it tothe "ssembl) for confirmation as soon as it can meet6
"rticle 7;
5uring a state of war or emergenc), the @overnment, in
accordance with the -onstitution andlaw, issues decrees with the
force of law6 The authorization of the @overnment to issuedecrees
with the force of law lasts until the termination of the state of
war or emergenc), onwhich the "ssembl) decides6
"rticle 7
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5uring the state of war, if the "ssembl) cannot meet, the
2resident of the Republic ma)appoint and discharge the @overnment,
as well as appoint or dismiss officials whose electionis within the
sphere of competence of the "ssembl)6
"rticle 78
The mandate of the *udges of the -onstitutional -ourt of
Macedonia, as well as members ofthe Republican Cudicial -ouncil is
e>tended for the duration of the state of war or emergenc)6
/III. CHAN2ES IN THE CONSTITUTION
"rticle 7!
The -onstitution of the Republic of Macedonia can be changed or
supplemented b)constitutional amendments6
"rticle =
" proposal to initiate a change in the -onstitution in the
Republic of Macedonia ma) be madeb) the 2resident of the Republic,
b) the @overnment, b) at least = Representatives, or b):=,===
citizens6
"rticle
The decision to initiate a change in the -onstitution is made b)
the "ssembl) b) a two&thirdsma*orit) vote of the total number
of Representatives6 The draft amendment to the -onstitutionis
confirmed b) the "ssembl) b) a ma*orit) vote of the total number of
Representatives andthen submitted to public debate6 The decision to
change the -onstitution is made b) the"ssembl) b) a two&thirds
ma*orit) vote of the total number of Representatives6 The change
inthe -onstitution is declared b) the "ssembl)6
I. TRANSITIONAL AND FINAL CLAUSES
"rticle 7
Time of residence in other republics in the Socialist Federative
Republic of Yugoslavia is alsoincluded in the time span specified
in "rticle 8=, 2aragraph :6
"rticle
" -onstitution "ct shall be adopted for the implementation of
the -onstitution6 The-onstitution "ct is adopted b) a
two&thirds ma*orit) vote of the total number of
Representatives6 The -onstitution "ct is declared b) the
"ssembl) and comes into forcesimultaneousl) with the declaration of
the -onstitution6
"rticle 9
This -onstitution comes into force on the da) it is declared in
the "ssembl) of the Republic ofMacedonia6
.AMENDMENTS TO THE CONSTITUTION OF THE REPUBLIC OF MACEDONIA
AMENDMENT I
6 The Republic of Macedonia has no teitoia% petensions to$adsan)
neigh)oingstate6
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76 The borders of the Republic of Macedonia can onl) be changed
in accordance with the-onstitution and on the principle of free
will, as well as in accordance with generall) acceptedinternational
norms6
6 -lause 6 of this "mendment is an "ddendum to "rticle of the
-onstitution of theRepublic of Macedonia6 -lause 76 replaces
2aragraph of the same "rticle6
AMENDMENT II
6 0n the e>ercise of this concern the Republic will not
interfere in the sovereign rights of otherstates or in their
internal affairs6
76 This "mendment is an "ddendum to 2aragraph of "rticle 9! of
the -onstitution of theRepublic of Macedonia6
These "mendments are an integral part of the -onstitution of the
Republic of Macedonia andcame into force on the da) the) were
promulgated, on Canuar) ;th, !!76
AMENDMENT III
6 5etention until the indictment ma) last, b) a court decision,
for a ma>imum period of 8=da)s from the da) of detention6"fter
the indictment, detention ma) be prolonged or determined b) a
competent court in caseand in procedure prescribed b) law6
76 This amendment replaces 2aragraph : of "rticle 7 of the
-onstitution6
AMENDMENT I/
6 The citizens of the Republic of Macedonia, the Macedonian
people, as well as citizensliving within its borders who are part
of the "lbanian people, the Tur#ish people, the $lachpeople, the
Serbian people, the Roman) people, the 3osnia# people and others
ta#ingresponsibilit) for the present and future of their
fatherland, aware of and grateful to theirpredecessors for their
sacrifice and dedication in their endeavours and struggle to create
anindependent and sovereign state of Macedonia, and responsible to
future generations topreserve and develop ever)thing that is
valuable from the rich cultural inheritance andcoe>istence
within Macedonia, e(ual in rights and obligations towards the
common good & theRepublic of Macedonia & in accordance with
the tradition of the Krushevo Republic and thedecisions of the
"ntifascist 2eopleDs 4iberation "ssembl) of Macedonia, and the
Referendumof September 8, !!, have decided to establish the
Republic of Macedonia as anindependent, sovereign state, with the
intention of establishing and consolidating the rule oflaw,
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 "ssembl) of the
Republic ofMacedonia, elected in free and democratic elections,
adopt 6 6 6 6
76 0tem of this amendment replaces the 2reamble of the
-onstitution of the Republic ofMacedonia6
AMENDMENT /
6 The Macedonian language, written using its -)rillic alphabet,
is the official languagethroughout the Republic of Macedonia and in
the international relations of the Republic ofMacedonia6"n) other
language spo#en b) at least 7= percent of the population is also an
officiallanguage, written using its alphabet, as specified below6
"n) official personal documents of
citizens spea#ing an official language other than Macedonian
shall also be issued in thatlanguage, in addition to the Macedonian
language, in accordance with the law6 "n) person
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living in a unit of local self&government in which at least
7= percent of the population spea#san official language other than
Macedonian ma) use that official language to communicatewith the
regional office of the central government with responsibilit) for
that municipalit)' suchan office shall repl) in that language in
addition to Macedonian6 "n) person ma) use an)official language to
communicate with a main office of the central government, which
shallrepl) in that language in addition to Macedonian6
0n the organs of the Republic of Macedonia, an) official
language other than Macedonian ma)be used in accordance with the
law6 0n the units of local self&government where at least
7=percent of the population spea#s a particular language, that
language and its alphabet shallbe used as an official language in
addition to the Macedonian language and the -)rillicalphabet6 Bith
respect to languages spo#en b) less than 7= percent of the
population of aunit of local self&government, the local
authorities shall decide on their use in public bodies6
76 This amendment replaces "rticle < of the -onstitution of
the Republic of Macedonia6
AMENDMENT /I
6 (uitable representation of persons belonging to all
communities in public bodies at all
levels and in other areas of public life'
76 0tem of this amendment is an addition to line 7 of "rticle 8
of the -onstitution of theRepublic of Macedonia6
AMENDMENT /II
6 The Macedonian .rthodo> -hurch, as well as the 0slamic
Religious -ommunit) inMacedonia, the -atholic -hurch, vangelical
Methodist -hurch, the Cewish -ommunit) andother Religious
communities and groups are separate from the state and e(ual before
thelaw6
76 The Macedonian .rthodo> -hurch, as well as the 0slamic
Religious -ommunit) inMacedonia, the -atholic -hurch, vangelical
Methodist -hurch, the Cewish -ommunit) andother Religious
communities and groups are free to establish schools and other
social andcharitable institutions, b) wa) of a procedure regulated
b) law6
6 0tem of this amendment replaces paragraph of "rticle ! and
0tem 7 replacesparagraph 9 of "rticle ! of the -onstitution of the
Republic of Macedonia6
AMENDMENT /III
6 Members of communities have a right freel) to e>press,
foster and develop their identit)and communit) attributes, and to
use their communit) s)mbols6 The Republic guarantees theprotection
of the ethnic, cultural, linguistic and religious identit) of all
communities6 Members
of communities have the right to establish institutions for
culture, art, science and education,as well as scholarl) and other
associations for the e>pression, fostering and development
oftheir identit)6 Members of communities have the right to
instruction in their language inprimar) and secondar) education, as
determined b) law6 0n schools where education iscarried out in
another language, the Macedonian language is also studied6
76 This amendment replaces "rticle 98 of the -onstitution of the
Republic of Macedonia6
AMENDMENT I
6 The Republic guarantees the protection, promotion and
enhancement of the historical andartistic heritage of Macedonia and
all communities in Macedonia and the treasures of which it
is composed, regardless of their legal status6
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76 0tem of this amendment replaces paragraph 7 "rticle :; of the
-onstitution of theRepublic of Macedonia6
AMENDMENT
6 The "ssembl) can ta#e a decision if its meeting is attended b)
a ma*orit) of the total
number of Representatives6 The assembl) ma#es decisions b) a
ma*orit) vote of theRepresentatives attending, but no less than
one&third of the total number of Representatives,in so far as
the -onstitution does not provide for a (ualified ma*orit)6
76 For laws that directl) affect culture, use of language,
education, personal documentation,and use of s)mbols, the "ssembl)
ma#es decisions b) a ma*orit) vote of the Representativesattending,
within which there must be a ma*orit) of the votes of the
Representatives attendingwho belong to communities not in the
ma*orit) in the population of Macedonia6 0n the event ofa dispute
within the "ssembl) regarding the application of this provision,
the -ommittee on0nter&-ommunit) Relations shall resolve the
dispute6
6 This amendment replaces "rticle ;! of the -onstitution of the
Republic of Macedonia6
AMENDMENT I
6 The "ssembl) elects the 2ublic "ttorne) b) a ma*orit) vote of
the total number ofRepresentatives, within which there must be a
ma*orit) of the votes of the total number ofRepresentatives who
belong to communities not in the ma*orit) in the population
ofMacedonia6
76 The 2ublic "ttorne) protects the constitutional rights and
legal rights of citizens whenthese are violated b) bodies of state
administration and b) other bodies and organizationswith public
mandates6 The 2ublic "ttorne) shall give particular attention to
safeguarding theprinciples of non&discrimination and e(uitable
representation of communities in public bodies
at all levels and in other areas of public life6
6 0tem of this amendment replaces paragraph of "rticle
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6 0n appointing the three members, the 2resident shall ensure
that the Securit) -ouncil as awhole e(uitabl) reflects the
composition of the population of Macedonia6
76 0tem of this amendment is added to paragraph 7 of "rticle 8;
of the -onstitution of theRepublic of Macedonia6
AMENDMENT I/
6 Three of the members shall be elected b) a ma*orit) vote of
the total number ofRepresentatives, within which there must be a
ma*orit) of the votes of the total number ofRepresentatives who
belong to the communities not in the ma*orit) in the population
ofMacedonia6
76 This amendment is added to paragraph 7 of "rticle =9 of the
-onstitution of the Republicof Macedonia6
AMENDMENT /
6 The "ssembl) elects the *udges of the -onstitutional -ourt6
The "ssembl) elects si> of the*udges to the -onstitutional -ourt
b) a ma*orit) vote of the total number of Representatives6The
"ssembl) elects three of the *udges b) a ma*orit) vote of the total
number ofRepresentatives, within which there must be a ma*orit) of
the votes of the total number ofRepresentatives who belong to the
communities not in the ma*orit) in the population ofMacedonia6 The
term of office of the *udges is nine )ears without the right to
re&election6
76 This amendment replaces paragraph 7 of "rticle =! of the
-onstitution of the Republic ofMacedonia6
AMENDMENT /I
6 4ocal self&government is regulated b) a law adopted b) a
two&thirds ma*orit) vote of thetotal number of Representatives,
within which there must be a ma*orit) of the votes of the
totalnumber of Representatives who belong to the communities not in
the ma*orit) in thepopulation of Macedonia6 The laws on local
finances, local elections, boundaries ofmunicipalities, and the
cit) of S#op*e shall be adopted b) a ma*orit) vote of
theRepresentatives attending, within which there must be a ma*orit)
of the votes of theRepresentatives attending who belong to the
communities not in the ma*orit) in the populationof Macedonia6
76 This amendment replaces paragraph : of "rticle 9 of the
-onstitution of the Republic ofMacedonia6
AMENDMENT /II
6 0n units of local self&government, citizens directl) and
through representatives participate indecision&ma#ing on issues
of local relevance particularl) in the fields of public services,
urbanand rural planning, environmental protection, local economic
development, local finances,communal activities, culture, sport,
social securit) and child care, education, health care andother
fields determined b) law6
76 0n the cit) of S#op*e the citizens directl) and through
representatives participate indecision&ma#ing on issues of
relevance to the cit) of S#op*e, particularl) in the fields of
publicservices, urban and rural planning, environmental protection,
local economic development,local finances, communal activities,
culture, sport, social securit) and child care, education,health
care and other fields determined b) law6
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6 0tem of this amendment replaces paragraph of "rticle : of the
-onstitution of theRepublic of Macedonia, and 0tem 7 replaces
paragraph 7 of "rticle < of the -onstitution ofthe Republic of
Macedonia6
AMENDMENT /III
6 " decision to amend the 2reamble, the articles on local
self&government, "rticle , an)provision relating to the rights
of members of communities, including in particular "rticles
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These "mendments are an integral part of the -onstitution of the
Republic of Macedonia andshall enter into force on the da) of their
promulgation6
AMENDMENT
6 For offences determined b) law, sanction ma) be imposed, b) a
state administration bod),
organization and an) other institution carr)ing public
mandates6
-ourt protection is guaranteed against final verdict for an
offence, under conditions andprocedure determined b) law6
76 This amendment is an addendum to "rticle of the -onstitution
of the Republic ofMacedonia6
AMENDMENT I
6 The right to appeal against verdicts in first instance
proceedings b) a court is guaranteed6
The right to appeal or an) other legal protection against
individual legal acts adopted in firstinstance proceedings b) an
administration bod), organization and an) other institutioncarr)ing
public mandates shall be determined b) law6
76 This amendment replaces "rticle : of the -onstitution of the
Republic of Macedonia6
AMENDMENT II
6 2roposes two members of the Cudicial -ouncil of the Republic
of Macedonia676 This amendment replaces line :, "rticle 89 of the
-onstitution of the Republic ofMacedonia6
AMENDMENT III
6 The 2rime Minister is granted immunit)6 The "ssembl) decides
on his or her immunit)676 This amendment replaces paragraph of
"rticle 8! of the -onstitution of the Republic ofMacedonia6
AMENDMENT I/
6 2 roposes the 2ublic 2rosecutor of the Republic of Macedonia
having previousl) obtainedopinion b) the -ouncil of 2ublic
2rosecutors676 This amendment replaces line 7 of "rticle ! of the
-onstitution of the Republic ofMacedonia6
"M/5M/T GG$
6 Cudiciar) power is e>ercised b) courts6 -ourts are
autonomous and independent6 -ourts*udge on the basis of the
-onstitution and laws and international agreements ratified
inaccordance with the -onstitution6 mergenc) courts are
prohibited6The t)pes of courts, their spheres of competence, their
establishment, abrogation,organization and composition, as well as
the procedure the) follow are regulated b) a lawadopted b) a of
two&thirds ma*orit) vote of the total number of M2As6
76 -lause of this amendment replaces "rticle !8 of the
-onstitution of the Republic ofMacedonia6
AMENDMENT /I
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6 The term of office of a *udge ceases& if he?she so
re(uests'& if he?she permanentl) loses the capabilit) of
carr)ing out a *udge As office, which isdetermined b) the Cudicial
-ouncil of the Republic of Macedonia'& if he?she fulfils the
conditions for retirement'& if he?she is sentenced for a
criminal offence to a prison term of a minimum of si>
months'
& if he?she is elected or appointed to another public
office, e>cept when his?her *udicialfunction rests under
conditions determined b) law'
" *udge is discharged& when he?she commits a serious
disciplinar) offense which ma#es him?her unsuitable toperform a
*udge As office prescribed b) law' and& he?she performs her
*udicial dut) unprofessionall) and unethicall) under
conditionsstipulated b) law6
76 -lause of this amendment replaces paragraph of "rticle !! of
the -onstitution of theRepublic of Macedonia6
AMENDMENT /II
6 " *udge shall not be held responsible for an opinion given in
the process of rendering acourt decision6 " *udge shall not be
detained without the consent of the Cudicial -ouncil,e>cept when
caught in committing a criminal act for which a prison sentence of
at least five)ears is prescribed6
76 The *udicial function is incompatible with membership in a
political part) or with anotherpublic function or profession
determined b) law6
6 -lause of this amendment replaces paragraph 7 of "rticle == of
the -onstitution of theRepublic of Macedonia, and clause 7 of this
amendment replaces paragraph of "rticle ==of the -onstitution of
the Republic of Macedonia6
AMENDMENT /III
6 The Cudicial -ouncil of the Republic of Macedonia is an
independent and autonomousinstitution of the *udiciar)6 The -ouncil
shall ensure and guarantee the independence and theautonom) of the
*udiciar)6 The Cudicial -ouncil is composed of fifteen members6
The2resident of the Supreme -ourt of the Republic of Macedonia and
the Minister of Custice aree> officio members of the Cudicial
-ouncil6 ight members of the -ouncil are elected b) the*udges from
their own ran#s6 Three of them shall belong to the communities that
are notma*orit) in the Republic of Macedonia, insuring that
e(uitable representation of citizensbelonging to all communities
shall be observed6 Three members of the -ouncil are elected b)the
"ssembl) of the Republic of Macedonia with ma*orit) votes of the
total number of M2As,
and with ma*orit) votes from the total number of M2As who belong
to the communities that arenot ma*orit) in the Republic of
Macedonia6 Two members of the -ouncil are proposed b) the2resident
of the Republic of Macedonia and are elected b) the "ssembl) of the
Republic ofMacedonia, and one of them shall belong to the
communities that are not ma*orit) in theRepublic of Macedonia6
The members of the -ouncil elected b) the "ssembl) of the
Republic of Macedonia, on aproposal of the 2resident of the
Republic of Macedonia shall be from among 1niversit) lawprofessors,
law)ers and other prominent *urists6 The members of the -ouncil are
elected for aterm of si> )ears, with the right to one
re&election6 The criteria and manner of election, as wellas the
basis and the procedure for termination of the mandate and
dismissal of a member ofthe -ouncil shall be determined b) law6 The
office of a member of the -ouncil is incompatiblewith membership in
political parties and with performance of other public offices
and
professions determined b) law6
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6 " citizen of the Republic of Macedonia can not be deprived of
citizenship, nor can he?shebe e>pelled from the Republic of
Macedonia6 " citizen of the Republic of Macedonia can notbe
e>tradited to another countr), e>cept based on a ratified
international agreement upon adecision of the -ourt6
76 This "mendment replaces paragraph 7 of "rticle 9 of the
-onstitution of the Republic of
Macedonia6
