{ Adopted: 17 Nov 1991 / Effective: 20 Nov 1991 / Amended: 6 Jan 1992 / Status: 1992 }
[Preamble]
Taking as starting points the historical, cultural, spiritual and
statehood heritage of the Macedonian people
- the establishment of the Republic of Macedonia as a sovereign
and independent state, as well as a civil and democratic
one;
- the establishment and consolidation of the rule of law as a
fundamental system of government;
- the guaranteeing of human rights, citizens' freedoms and
ethnic equality;
- the provision of peace and a common home for the
Macedonian people with the nationalities living in the Republic
of Macedonia; and on
- the provision of social justice, economic well-being and
prosperity in the life of the individual and the
community,
the Assembly of the Republic of Macedonia adopts the
Constitution of the Republic of Macedonia.
Article 1
(1) The Republic of Macedonia is a sovereign, independent,
democratic and social state.
(2) The sovereignty of the Republic of Macedonia is indivisible,
inalienable, and nontransferable.
Article 2
(1) Sovereignty in the Republic of Macedonia derives from the
citizens and belongs to the citizens.
(2) The citizens of the Republic of Macedonia exercise their
authority through democratically elected Representatives
through referendum and through other forms of direct
expression.
Article 3
(1) The territory of the Republic of Macedonia is indivisible
and inviolable.
(2) The existing borders of the Republic of Macedonia are
inviolable.
(3) The borders of the Republic of Macedonia can only be
changed in accordance with the Constitution and on the
principle of free will, as well in accordance with generally
accepted international norms.
(4) The Republic of Macedonia has no territorial pretensions
towards any neighboring state.
Article 4
(1) Citizens of the Republic of Macedonia have citizenship of
the Republic of Macedonia.
(2) A subject of the Republic of Macedonia may either be
deprived of citizenship, nor expelled or extradited to another
state.
(3) Citizenship of the Republic of Macedonia is regulated by
law.
Article 5
(1) The state symbols of the Republic of Macedonia are the coat
of arms, the flag, and the national anthem.
(2) The coat of arms, the flag, and the national anthem of the
Republic of Macedonia are adopted by law by a two-thirds
majority vote of the total number of Assembly Representatives.
Article 6
The Capital of the Republic of Macedonia is Skopje.
Article 7
(1) The Macedonian language, written using its Cyrillic
alphabet, is the official language in the Republic of Macedonia.
(2) In the units of local self-government where the majority of
the inhabitants belong to a nationality, in addition to the
Macedonian language and Cyrillic alphabet, their language and
alphabet are also in official use, in a manner determined by
law.
(3) In the units of local self-government where there is a
considerable number of inhabitants belonging to a nationality,
their language and alphabet are also in official use, in addition
to the Macedonian language and Cyrillic alphabet, under
conditions and in a manner determined by law.
Article 8
(1) 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 international law and set down in the
Constitution;
- the free expression of national identity;
- the rule of law;
- the division of state powers into legislative, executive and
judicial;
- the legal protection of property;
- the freedom of the market and entrepreneurship;
- humanism, social justice and solidarity;
- local self-government;
- proper urban and rural planning to promote a congenial
human environment, as well as ecological protection and
development; and
- respect for the generally accepted norms of international law.
(2) Anything that is not prohibited by the Constitution or by law
is permitted in the Republic of Macedonia.
Part 1 Civil and political freedoms and rights
Article 9
(1) Citizens of the Republic of Macedonia are equal in their
freedoms
(2) All citizens are equal before the Constitution and law.
Article 10
(1) The human right to life is irrevocable.
(2) The death penalty shall not be imposed on any grounds
whatsoever in the Republic of Macedonia.
Article 11
(1) The human right to physical and moral dignity
(2) Forced labor is prohibited.
Article 12
(1) The human right to freedom is irrevocable.
(2) No person's freedom can be restricted except by court
decision or in cases and procedures determined by law.
(3) Persons summoned, apprehended or detained shall
immediately be informed of the reasons for the summons,
apprehension or detention and on their rights. They shall not
be forced to make a statement. A person has a right to an
attorney in police and court procedure.
(4) Persons detained shall be brought before a court as soon as
possible, within a maximum period of 24 hours from the
moment of detention, and the legality of their detention shall
there be decided upon without delay.
(5) Detention may last, by court decision, for a maximum of 90
days from the day of detention.
(6) Persons detained may, under the conditions determined by
law, be released from custody to conduct their defence.
Article 13
(1) A person indicted for an offence shall be considered
innocent until his/her guilt is established by a legally valid court
verdict.
(2) A person unlawfully detained, apprehended or convicted has
a right to legal redress and other rights determined by law.
Article 14
(1) No person may be punished for an offence which has not
been declared an offence punishable by law, or by other acts,
prior to its being committed, and for which no punishment has
been prescribed.
(2) No person may be tried in a court of law for an offence of
which he/she has already been tried and for which a legally
valid court verdict has already been brought.
Article 15
The right to appeal against individual legal acts issued in a first
instance proceedings by a court, administrative body,
organization or other institution carrying out public mandates is
guaranteed.
Article 16
(1) The freedom of personal conviction, conscience, thought
and public expression
(2) The freedom of speech, public address, public information
and the establishment of institutions for public information is
guaranteed.
(3) Free access to information and the freedom of reception and
transmission of information are guaranteed.
(4) The right of reply via the mass media is guaranteed.
(5) The right to a correction in the mass media is guaranteed.
(6) The right to protect a source of information in the mass
media is guaranteed.
(7) Censorship is prohibited.
Article 17
(1) The freedom and confidentiality of correspondence and
other forms of communication is guaranteed.
(2) Only a court decision may authorize non-application of the
principle of the inviolability of the confidentiality of
correspondence and other forms of communication, in cases
where it is indispensable to a criminal investigation or required
in the interests of the defence of the Republic.
Article 18
(1) The security and confidentiality of personal information are
guaranteed.
(2) Citizens are guaranteed protection from any violation of
their personal integrity deriving from the registration of
personal information through data processing.
Article 19
(1) The freedom of religious confession
(2) The right to express one's faith freely and publicly,
individually or with others is guaranteed.
(3) The Macedonian Orthodox Church and other religious
communities and groups are free to establish schools and other
social and charitable institutions, by ways of a procedure
regulated by law.
Article 20
(1) Citizens are guaranteed freedom of association to exercise
and protect their political, economic, social, cultural and other
rights and convictions.
(2) Citizens may freely establish associations of citizens and
political parties, join them or resign from them.
(3) The programs and activities of political parties and other
associations of citizens may not be directed at the violent
destruction of the constitutional order of the Republic, or at
encouragement or incitement to military aggression or ethnic,
racial or religious hatred or intolerance.
(4) Military or paramilitary associations which do not belong to
the Armed Forces of the Republic of Macedonia are prohibited.
Article 21
(1) Citizens have the right to assemble peacefully and to express
public protest without prior announcement or a special license.
(2) The exercise of this right may be restricted only during a
state of emergency or war.
Article 22
(1) Every citizen on reaching 18 years of age acquires the right
to vote.
(2) The right to vote is equal, universal and direct, and is
exercised at free elections by secret ballot.
(3) Persons deprived of the right to practice their profession by
a court verdict do not have the right to vote.
Article 23
Every citizen has the right to take part in the performance of
public office.
Article 24
(1) Every citizen has a right to petition state and other public
bodies, as well as to receive an answer.
(2) A citizen cannot be called to account or suffer adverse
consequences for attitudes expressed in petitions, unless they
entail the committing of a criminal offence.
Article 25
Each citizen is guaranteed the respect and protection of the
privacy of his/her personal and family life and his/her dignity
and repute.
Article 26
(1) The inviolability of the home is guaranteed.
(2) The right to the inviolability of the home may be restricted
only by a court decision in cases of the detection or prevention
of criminal offenses or the protection of people's health.
Article 27
(1) Every citizen of the Republic of Macedonia has the right of
free movement on the territory of the Republic and freely to
choose his/her place of residence.
(2) Every citizen has the right to leave the territory of the
Republic and to return to the Republic.
(3) The exercise of these rights may be restricted by law only in
cases where it is necessary for the protection of the security of
the Republic, criminal investigation or protection of people's
health.
Article 28
(1) The defence of the Republic of Macedonia is the right and
duty of every citizen.
(2) The exercise of this right and duty of citizens is regulated
by law.
Article 29
(1) Foreign subjects enjoy freedoms and rights guaranteed by
the Constitution in the Republic of Macedonia, under conditions
regulated by law and international agreements.
(2) The Republic guarantees the right of asylum to foreign
subjects and stateless persons expelled because of democratic
political convictions and activities.
(3) Extradition of a foreign subject can be carried out only on a
basis of a ratified international agreement and on the principle
of reciprocity. A foreign subject cannot be extradited for
political criminal offenses. Acts of terrorism are not regarded
as political criminal offenses.
Article 30
(1) The right to ownership of property
(2) Ownership of property creates rights and duties and should
serve the well-being of both the individual and the community.
(3) No person may be deprived of his/her property or of the
rights deriving from it, except in cases concerning the public
interest determined by law.
(4) If property is expropriated or restricted, rightful
compensation not lower than its market value is guaranteed.
Article 31
Foreign subjects in the Republic of Macedonia may acquire the
right of ownership of property under conditions determined by
law.
Article 32
(1) Everyone has the right to work, to free choice of
employment, protection at work and material assistance during
temporary unemployment.
(2) Every job is open to all under equal conditions.
(3) Every employee has a right to appropriate remuneration.
(4) Every employee has the right to paid daily, weekly and
annual leave. Employees cannot waive this right.
(5) The exercise of the rights of employees and their positions
are regulated by law and collective agreements.
Article 33
Everyone is obliged to pay tax and other public contributions,
as well as to share in the discharge of public expenditure in a
manner determined by law.
Article 34
Citizens have a right to social security and social insurance,
determined by law and collective agreement.
Article 35
(1) The Republic provides for the social protection and social
security of citizens in accordance with the principle of social
justice.
(2) The Republic guarantees the right of assistance to citizens
who are infirm or unfit for work.
(3) The Republic provides particular protection for invalid
persons, as well as conditions for their involvement in the life
of the society.
Article 36
(1) The Republic guarantees particular social security rights to
veterans of the Anti-Fascist War and of all Macedonian national
liberation wars, to war invalids to, to those expelled and
imprisoned for the ideas of the separate identity of the
Macedonian people and of Macedonian statehood, as well as to
members of their families without means of material and social
subsistence.
(2) The particular rights are regulated by law.
Article 37
(1) In order to exercise their economic and social rights,
citizens have the right to establish trade unions. Trade unions
can constitute confederations and become members of
international trade union organizations.
(2) The law may restrict the conditions for the exercise of the
right to trade union organization in the armed forces, the police
and administrative bodies.
Article 38
(1) The right to strike is guaranteed.
(2) The law may restrict the conditions for the exercise of the
right to strike in the armed forces, the police and administrative
bodies.
Article 39
(1) Every citizen is guaranteed the right to health care.
(2) Citizens have the right and duty to protect and promote their
own health and the health of others.
Article 40
(1) The Republic provides particular care and protection for the
family.
(2) The legal relations in marriage, the family and cohabitation
are regulated by law.
(3) Parents have the right and duty to provide for the nurturing
and education of their children. Children are responsible for
the care of their old and inform parents.
(4) The Republic provides particular protection for children
without parents and children without parental care.
Article 41
(1) It is a human right freely to decide on the procreation of
children.
(2) The Republic conducts a humane population policy in order
to provide balanced economic and social development.
Article 42
(1) The Republic particularly protects mothers, children and
minors. A person under 15 years of age cannot be employed.
(2) Minors and mothers have the right to particular protection at
work. Minors may not be employed in work which is
detrimental to their health or morality.
Article 43
(1) Everyone has the right to a healthy environment to live in.
(2) Everyone is obliged to promote and protect the
environment.
(3) The Republic provides conditions for the exercise of the
right of citizens to a healthy environment.
Article 44
(1) Everyone has a right to education.
(2) Education is accessible to everyone under equal conditions.
(3) Primary education is compulsory and free.
Article 45
Citizens have a right to establish private schools at all levels of
education, with the exception of primary education, under
conditions determined by law.
Article 46
(1) The autonomy of universities is guaranteed.
(2) The conditions of establishment, performance and
termination of the activities of a university are regulated by
law.
Article 47
(1) The freedom of scholarly, artistic and other forms of
creative work is guaranteed.
(2) Rights deriving from scholarly, artistic or other intellectual
creative work are guaranteed.
(3) The Republic stimulates, assists and protects the
development of scholarship, the arts and culture.
(4) The Republic stimulates and assists scientific and
technological development.
(5) The Republic stimulates and assists technical education and
sport.
Article 48
(1) Members of nationalities have a right freely to express,
foster and develop their identity and national attributes.
(2) The Republic guarantees the protection of the ethnic,
cultural, linguistic and religious identity of the nationalities.
(3) Members of the nationalities have the right to establish
institutions for culture and art, as well as scholarly and other
associations for the expression, fostering and development of
their identity.
(4) Members of the nationalities have the right to instruction in
their language in primary and secondary education, as
determined by law. In schools where education is carried out
in the language of a nationality, the Macedonian language is
also studied.
Article 49
(1) The Republic cares for the status and rights of those persons
belonging to the Macedonian people in neighboring countries,
as well as Macedonian expatriates, assists their cultural
development and promotes links with them. In the exercise of
this concern the Republic will not interfere in the sovereign
rights of other states or in their internal affairs.
(2) The Republic cares for the cultural, economic and social
rights of the citizens of the Republic abroad.
Article 50
(1) Every citizen may invoke the protection of freedoms and
rights determined by the Constitution before the regular courts,
as well as before the Constitutional Court of Macedonia,
through a procedure based upon the principles of priority and
urgency.
(2) Judicial protection of the legality of individual acts of state
administration, as well as of other institutions carrying out
public mandates, is guaranteed.
(3) A citizen has the right to be informed on human rights and
basic freedoms as well as actively to contribute, individually of
jointly with others, to their promotion and protection.
Article 51
(1) In the Republic of Macedonia laws shall be in accordance
with the Constitution and all other regulations in accordance
with the Constitution and law.
(2) Everyone is obliged to respect the Constitution and the laws.
Article 52
(1) Laws and other regulations are published before they come
into force.
(2) Laws and other regulations are published in 'The Official
Gazette of the Republic of Macedonia' at most seven days after
the day of their adoption.
(3) Laws come into force on the eighth day after the day of
their republication at the earliest, or on the day of publication in
exceptional cases determined by the Assembly.
(4) Laws and other regulations may not have a retroactive
effect, except in cases when this is more favorable for the
citizens.
Article 53
The office of attorney is an autonomous and independent public
service, providing a legal assistance and carrying out public
mandates in accordance with the law.
Article 54
(1) The freedoms and rights of the individual and citizen can be
restricted only in cases determined by the Constitution.
(2) The freedoms and rights of the individual and citizen can be
restricted during states of war or emergency, in accordance
with the provisions of the Constitution.
(3) The restriction of freedoms and rights cannot discriminate
on grounds of sex, race, color of skin, language, religion,
national or social origin, property or social status.
(4) The restriction of freedoms and rights cannot be applied to
the right to life, the interdiction of torture, inhuman and
humiliating conduct and punishment, the legal determination of
punishable offenses and sentences, as well as to the freedom of
personal conviction, conscience, thought and religious
confession.
Article 55
(1) The freedom of the market and entrepreneurship is
guaranteed.
(2) The Republic ensures an equal legal position to all parties in
the market. The Republic takes measures against monopolistic
positions and monopolistic conduct on the market.
(3) The freedom of the market and entrepreneurship can be
restricted by law only for reasons of the defence of the
Republic, protection of the natural and living environment or
public health.
Article 56
(1) All the natural resources of the Republic of Macedonia, the
flora and fauna, amenities in common use, as well as the
objects and buildings of particular cultural and historical value
determined by law, are amenities of common interest for the
Republic and enjoy particular protection.
(2) The Republic guarantees the protection, promotion and
enhancement of the historical and artistic heritage of the
Macedonian people and of the nationalities and the treasures of
which it is composed, regardless of their legal status. The law
regulates the mode and conditions under which specific items of
general interest for the Republic can be ceded for use.
Article 57
The Republic of Macedonia stimulates economic progress and
provides for a more balanced spatial and regional development,
as well as for the more rapid development of economically
underdeveloped regions.
Article 58
(1) Ownership and labor form the basis for management and
sharing in decision-making.
(2) Participation in management and decision-making in public
institutions and services is regulated by law, on the principles of
expertise and competence.
Article 59
(1) Foreign investors are guaranteed the right to the free
transfer of invested capital and profits.
(2) The rights obtained on the basis of the capital invested may
not be reduced by law or other regulations.
Article 60
(1) The National Bank of the Republic of Macedonia is a
currency-issuing bank.
(2) The National Bank is autonomous and responsible for the
stability of the currency, monetary policy and for the general
liquidity of payments in the Republic and abroad.
(3) The organization and work of the National Bank are
regulated by law.
Part 1 The Assembly of the Republic of Macedonia
Article 61
(1) The Assembly
(2) The organization and functioning of the Assembly are
regulated by the Constitution and by the Rules of Procedure.
Article 62
(1) The Assembly of the Republic of Macedonia is composed of
120 to 140 Representatives.
(2) The Representatives are elected at general, direct and free
elections and by secret ballot.
(3) The Representatives represents the citizens and makes
decisions in the Assembly in accordance with his/her personal
convictions.
(4) A Representative's mandate cannot be revoked.
(5) The mode and conditions of election of Representatives are
regulated by a law adopted by a two-thirds majority vote of the
total number of Representatives.
Article 63
(1) The Representatives for the Assembly are elected for a term
of four years. The mandate of Representatives is verified by
the Assembly.
(2) The length of the mandate is reckoned from the constitutive
meeting of the Assembly. Each newly-elected Assembly must
hold a constitutive meeting 20 days at the latest after the
election was held. The constitutive meeting is called by the
President of the Assembly of the previous term.
(3) If a constitutive meeting is not called within the time laid
down, the Representatives assemble and constitute the Assembly
themselves on the twenty-first day after the completion of the
elections. Elections for Representatives to the Assembly are
held within the last 90 days of the term of the current
Assembly, or within 60 days from the day the dissolution of the
Assembly.
(4) The term of office of the Representatives to the Assembly
can be extended only during states of war or emergency.
(5) Cases where a citizen cannot be elected a Representative,
owing to the incompatibility of this office with other public
offices or professions already held, are defined by law. The
Assembly is dissolved when more than half of the total number
of Representatives vote for dissolution.
Article 64
(1) Representatives enjoy immunity.
(2) A Representative cannot be held to have committed a
criminal offence or be detained owing to views he/she has
expressed or to the way he/she has voted in the Assembly.
(3) A Representative cannot be detained without the approval of
the Assembly unless found committing a criminal offence for
which a prison sentence of at least five years if prescribed.
(4) The Assembly can decide to invoke immunity for a
Representative without his/her request, should it be necessary
for the performance of the Representative's office.
(5) Representatives may not be called up for duties in the
Armed Forces during the course of their term of office.
(6) A Representative is entitled to remuneration determined by
law.
Article 65
(1) A Representative may resign his/her mandate.
(2) The Representative submits his/her resignation in person at
a session of the Assembly.
(3) The mandate of a Representative terminates if he/she is
sentences for a criminal offence for which a prison sentence of
at least five years is prescribed.
(4) The Representative can have his/her mandate revoked for
committing a criminal offence making him/her unfit to perform
the office of a Representative, as well as for absence from the
Assembly for longer than 6 months for no justifiable reason.
Revocation of the mandate is determined by the Assembly by a
two-thirds majority vote of all Representatives.
Article 66
(1) The Assembly is in permanent session.
(2) The Assembly works at meetings.
(3) The meetings of the Assembly are called by the President of
the Assembly.
(4) The Assembly adopts the Rules of Procedure by a
two-thirds majority vote of the total number of Representatives.
Article 67
(1) The Assembly elects a President and one or more
Vice-Presidents from the ranks of the Representatives by a
majority vote of the total number of Representatives.
(2) The President of the Assembly represents the Assembly,
ensures the application of the Rules of Procedure and carries
out other responsibilities determined by the Constitution and the
Rules of Procedure of the Assembly.
(3) The office of the President of the Assembly is incompatible
with the performance of other public offices, professions or
appointment in a political party.
(4) The President of the Assembly issues notice to the election
of Representatives and of the President of the Republic.
Article 68
(1) The Assembly of the Republic of Macedonia:
- adopts and changes the Constitution;
- adopts laws and gives the authentic interpretation of
laws;
- determines public taxes and fees;
- adopts the budget
- adopts the spatial plan of the Republic;
- ratifies international agreements;
- decides on war and peace;
- makes decisions concerning any changes in the borders of the
Republic;
- makes decisions on association in the disassociation from any
form of union or community with other states;
- issues notice of a referendum;
- makes decisions concerning the reserves of the
Republic;
- sets up councils;
- elects the Government of the Republic of Macedonia;
- carries out elections and discharges judges;
- selects, appoints and dismisses other holders of public and
other offices determined by the Constitution and law;
- carries out political monitoring and supervision of the
Government and other holders of public office responsible to
the Assembly;
- proclaims amnesties; and
- performs other activities determined by the Constitution.
(2) In carrying out the duties within its sphere of competence,
the Assembly adopts decisions, declarations, resolutions,
recommendations and conclusions.
Article 69
The Assembly may work if its meeting is attended by a
majority of the total number of Representatives. The Assembly
makes decisions by a majority vote of the Representatives
attending, but no less than one-third of the total number of
Representatives, in so far as the Constitution does not provide
for a qualified majority.
Article 70
(1) The meetings of the Assembly are open to the public.
(2) The Assembly may decide to work without the presence of
the public by a two-thirds majority vote of the total number of
Representatives.
Article 71
(1) The right to propose adoption of a law is given to every
Representative of the Assembly, to the Government of the
Republic and to a group of at least 10,000 voters.
(2) The initiative for adopting a law may be given to the
authorized instances by any citizen, group of citizens,
institutions or associations.
Article 72
(1) An interpellation may be made concerning the work of any
public office-holder, the Government and any of its members
individually, as well as on issues concerning the performance of
state bodies.
(2) Interpellations may be made by a minimum of five
Representatives.
(3) All Representatives have the right to ask a Representative's
question.
(4) The mode and procedure for submitting and debating on an
interpellation and Representative's question are regulated by the
Rules of Procedure.
Article 73
(1) The Assembly decides on issuing notice of a referendum
concerning specific matters within its sphere of competence by
a majority vote of the total number of Representatives.
(2) The decision of the majority of votes in a referendum is
adopted on condition that more than half of the total number of
voters voted.
(3) The Assembly is obliged to issue notice of a referendum if
one is proposed by at least 150,000 voters.
(4) The decision made in a referendum is binding.
Article 74
(1) The Assembly makes decisions on any change in the borders
of the Republic of Macedonia by a two-thirds majority vote of
the total number of Representatives.
(2) The decision on any change in the borders of the Republic
is adopted by referendum, in so far as it is accepted by the
majority of the total number of voters.
Article 75
(1) Laws are declared by promulgation.
(2) The promulgation declaring a law is signed by the President
of the Republic and the President of the Assembly.
(3) The President of the Republic may decide not to sign the
promulgation declaring a law. The Assembly considers the
President of the Republic is then obligated to sign the
promulgation in so far as it is adopted by a majority vote of the
total number of Representatives.
(4) The President is obligated to sign a promulgation if the law
has been adopted by a two-thirds majority vote of the total
number of Representatives in accordance with the Constitution.
Article 76
(1) The Assembly sets up permanent and temporary working
bodies.
(2) The Assembly may set up survey commissions for any
domain or any matter of public interest.
(3) A proposal for setting up a survey of commission may be
submitted by a minimum of 20 Representatives.
(4) The Assembly sets up a permanent survey commission for
the protection of the freedoms and rights of citizens.
(5) The findings of the survey commissions form the basis for
the initiation of proceedings to ascertain the answerability of
public office-holders.
Article 77
(1) The Assembly elects the Public Attorney.
(2) The Public Attorney protects the constitutional and legal
rights of citizens when violated by bodies of state administration
and by other bodies and organizations with public mandates.
(3) The Public Attorney is elected for a term of eight years,
with the right to one reelection.
(4) The conditions for election and dismissal, the sphere of
competence and the mode of work of the Public Attorney are
regulated by law.
Article 78
(1) The Assembly establishes a Council for Inter-Ethnic
Relations.
(2) The Council consists of the President of the Assembly and
two members each form the ranks of the Macedonians,
Albanians, Turks, Vlachs and Romanies, as well as two
members from the ranks of other nationalities in Macedonia.
(3) The President of the Assembly is President of the Council.
(4) The Assembly elects the members of the Council.
(5) The Council considers issues of inter-ethnic relations in the
Republic and makes appraisals and proposals for their solution.
(6) The Assembly is obliged to take into consideration the
appraisals and proposals of the Council and to make decisions
regarding them.
Article 79
(1) The President
(2) The President of the Republic is Commander-in-Chief of the
Armed Forces of Macedonia.
(3) The President of the Republic exercises his/her rights and
duties on the basis and within the framework of the Constitution
and laws.
Article 80
(1) The President of the Republic of elected is general and
directs elections, by secret ballot, for a term of five years.
(2) A person may be elected President of the Republic of
Macedonia two times at most.
(3) The President of the Republic shall be a citizen of the
Republic of Macedonia.
(4) A person may be elected President of the Republic if over
the age of 40 on the day of election.
(5) A person may not be elected President of the Republic if,
on the day of the election, he/she has not been a resident of the
Republic of Macedonia for at least ten years within the last
fifteen years.
Article 81
(1) A candidate for President of the Republic can be nominated
by a minimum of 10,000 voters or at least 30 Representatives.
(2) A candidate for President of the Republic is elected if voted
by a majority of the total number of voters.
(3) If in the first round of voting no candidate wins the majority
required, voting in the second round is restricted to the two
candidates who have won most votes in the first round.
(4) The second round takes place within 14 days of the
termination of voting in the first round.
(5) A candidate is elected President if he/she wins a majority of
the votes of those who voted, provided more than half of the
registered voters voted.
(6) If in the second round of voting no candidate wins the
required majority of votes, the whole electoral procedure is
repeated.
(7) If only one candidate is nominated for the post of President
of the Republic and he/she does not obtain the required majority
of votes in the first round, the whole electoral procedure is
repeated.
(8) The election of the President of the Republic takes place
within the last 60 days of the term of the previous President.
Should the term of office of the President of the Republic be
terminated for any reason, the election of a new President takes
place within 40 days from the day of termination.
(9) Before taking up office, the President of the Republic of
Macedonia makes a solemn declaration before the Assembly of
his/her commitment to respect the Constitution and laws.
Article 82
(1) In case of death, resignation, permanent inability to perform
his/her duties, or in case of termination of the mandate in
accordance with the provisions of the Constitution, the office of
the President of the Republic is carried out by the President of
the Assembly until the election of the new President.
(2) Decisions on the applicability of the conditions for the
occasion of the office of the President of the Republic are the
official duty of the Constitutional Court.
(3) Should the President of the Republic be temporarily unable
to preform his/her duties, the President of the Assembly
deputizes for him/her. While the President of the Assembly is
performing the office of President of the Republic, he/she takes
part in the work of the Assembly without the right to vote.
Article 83
(1) The duty of the President of the Republic is incompatible
with the performance of any other public office, profession or
appointment in a political party.
(2) The President of the Republic is granted immunity.
(3) The Constitutional Court decides by a two-thirds majority
vote of the total number and approving of detention for the
President of the Republic.
Article 84
The President of the Republic of Macedonia
- nominates a mandator to constitute the Government of the
Republic of Macedonia;
- appoints and dismisses by 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 judges to sit on the Constitutional Court of the
Republic of Macedonia;
- proposes two members of the Republican Judicial
Council;
- appoints three members to the Security Council of the
Republic of Macedonia;
- proposes the members of the Council for Inter-Ethnic
Relations;
- appoints and dismisses other holders of state and public office
determined by the Constitution and the law;
- grants decorations and honors in accordance with the
law;
- grants pardons in accordance with the law; and
- performs other duties determined by the Constitution.
Article 85
(1) The President of the Republic addresses the Assembly on
issues within his/her sphere of competence at least once a year.
(2) The Assembly may request the President of the Republic to
state an opinion on issues within his/her sphere of competence.
Article 86
(1) The President of the republic is President of the Security
Council of the Republic of Macedonia.
(2) The Security Council of the Republic is composed of the
President of the Republic, the President of the Assembly, the
Prime Minister, the Ministers heading the bodies of state
administration in the fields of security, defence and foreign
affairs and three members appointed by the President of the
Republic.
(3) The Council considers issues relating to the security and
defence of the Republic and makes policy proposals to the
Assembly and the Government.
Article 87
(1) The President is held accountable for any violations of the
Constitution in exercising his/her rights and duties.
(2) The procedure for determining the President of the
Republic's answerability is initiated by the Assembly with a
two-thirds majority vote of all Representatives.
(3) It is the Constitutional Court that decides on the
answerability of the President by a two-thirds majority vote of
all judges.
(4) If the Constitutional Court considers the President
answerable for a violation, his/her mandate is terminated by the
force of the Constitution.
Article 88
(1) Executive power is vested in the Government
(2) The Government exercises its rights and competence on the
basis and within the framework of the Constitution and law.
Article 89
(1) The Government is composed of a Prime Minister and
Ministers.
(2) The Prime Minister and the Ministers cannot be
Representatives in the Assembly.
(3) The Prime Minister, Deputy Prime Ministers and Ministers
are guaranteed immunity. The Government decides on their
immunity.
(4) The Prime Minister, Deputy Prime Ministers and Ministers
cannot be called up for duties in the Armed Forces.
(5) The office of Prime Minister or Minister is incompatible
with any other public office or profession.
(6) The organization and mode of working of the Government
are regulated by law.
Article 90
(1) The President of the Republic of Macedonia is obliged,
within 10 days of the constitution of the Assembly, to entrust
the mandate for constituting the Government to a candidate
from the party or parties which has/have a majority in the
Assembly.
(2) Within 20 days from the day of being entrusted with the
mandate, the mandator submits a program to the Assembly and
proposes the composition of the Government.
(3) The Government is elected by the Assembly on the proposal
of the mandator and on the basis of the program by a majority
vote of the total number of Representatives.
Article 91
The Government of the Republic of Macedonia
- determines the policy of carrying out the laws and other
regulations of the Assembly and is responsible for their
execution;
- proposes laws, the budget of the Republic and other
regulations adopted by the Assembly;
- proposes a spatial plan of the Republic;
- proposes decisions concerning the reserves of the Republic
and sees to their execution;
- adopts by laws and other acts for the execution of
laws;
- lays down principles on the internal organization and work of
the Ministries and other administrative bodies, directing and
supervising their work;
- provides appraisals of drafts of laws and other acts submitted
to the Assembly by other authorized bodies;
- decides on the recognition of states and governments;
- establishes diplomatic and consular relations with other
states;
- makes a decision on opening diplomatic and consular offices
abroad;
- proposes the appointment of ambassadors and Representatives
of the Republic of Macedonia abroad and appoints chiefs of
consular offices;
- proposes the Public Prosecutor;
- appoints and dismisses holders of public and other office
determined by the Constitution and laws; and
- performs other duties determined by the Constitution and law.
Article 92
(1) The Government and each of its members are accountable to
the Assembly.
(2) The Assembly may take a vote of no-confidence in the
Government.
(3) A vote of no-confidence in the Government may be initiate
by a minimum of 20 Representatives.
(4) The vote of no-confidence in the Government is taken after
three days have elapsed since the last vote, unless proposed by
a majority of all Representatives.
(5) A vote of no-confidence in the Government is adopted by a
majority vote of all the Representatives. If a vote of
no-confidence in the Government is passed, the Government is
obliged to submit its resignation.
Article 93
(1) The Government itself has the right to raise the question of
confidence before the Assembly.
(2) The Government has the right to submit its resignation.
(3) The resignation of the Prime Minister, his/her death or
permanent inability to perform his/her duties entail the
resignation of the Government.
(4) The Government ceases its term of office when the
Assembly is dissolved.
(5) When a vote of no-confidence in the Government has been
passed, it has submitted its resignation, or its term of office has
ceased owing to the dissolution of the Assembly, the same
Government remains on duty until the election of a new
Government.
Article 94
(1) A member of the Government has the right to submit
his/her resignation.
(2) The Prime Minister may propose the dismissal of a member
of the Government.
(3) The Assembly decides on the proposal for the dismissal of a
member of the Government at its first meeting following the
proposal.
(4) If the Prime Minister dismisses more than one-third of the
initial composition of the Government, the Assembly follows
the same procedure as for the election of a new Government.
Article 95
(1) The state administration consists of Ministers and other
administrative bodies and organizations determined by law.
(2) Political organization and activities within bodies of state
administration are regulated by a law to be adopted by a
two-thirds majority vote of all Representatives.
Article 96
The bodies of state administration perform the duties within
their sphere of competence autonomously and on the basis and
within the framework of the Constitution and laws, being
accountable for their work to the Government.
Article 97
The bodies of state administration in the fields of defence and
the police are to be headed by civilians who have been civilians
for at least three years before their election to these offices.
Article 98
(1) Judiciary power is exercised by courts.
(2) Courts are autonomous and independent
(3) There is one form of organization for the judiciary.
(4) Emergency courts are prohibited.
(5) The types of courts, their spheres of competence, their
establishment, abrogation, organization and composition, as
well as the procedure they follow are regulated by a law
adopted by a majority vote of two-thirds of the total number of
Representatives.
Article 99
(1) A judge is elected without restriction of his/her term of
office.
(2) A judge cannot be transferred against his/her will.
(3) A judge is discharged
- if he/she so requests;
- if he/she permanently loses the capability of carrying out a
judge's office, which is determined by the Republican Judicial
Council;
- 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 six months;
- owing to a serious disciplinary offence defined in law, making
him/her unsuitable to perform a judge's office as decided by the
Republican Judicial Council; and
- owing to unprofessional and unethical performance of a
judge's office, as decided by the Republican Judicial Council in
a procedure regulated by law.
Article 100
(1) Judges are granted immunity.
(2) The Assembly decides on the immunity of judges.
(3) The performance of a judge's office is incompatible with
other public office, profession or membership in a political
party.
(4) Political organization and activity in the judiciary is
prohibited.
Article 101
The Supreme Court of Macedonia is the highest court in the
Republic, providing uniformity in the implementation of the
laws by the courts.
Article 102
(1) Court hearings and the passing of verdicts are public.
(2) The public can be excluded in cases determined by law.
Article 103
(1) The court tries cases in council.
(2) The law determined cases in which a judge can sit alone.
(3) Jury judges take part in a trial in cases determined by law.
(4) Jury judges cannot be held answerable for their opinions and
decisions concerning their verdict.
Article 104
(1) The Republican Judicial Council is composed of seven
members.
(2) The Assembly elects the members of the Council.
(3) The members of the Council are elected from the ranks of
outstanding members of the legal profession for a term of six
years with the right to one reelection.
(4) Members of the Republican Judicial Council are granted
immunity. The Assembly decides on their immunity.
(5) The office of a member of the Republican Judicial Council
is incompatible with the performance of other public offices,
professions or membership in political parties.
Article 105
The Republican Judicial Council
- proposes to the Assembly the election and discharge of judges
and determines proposals for the discharge of a judge's office in
cases laid down in the Constitution;
- decides on the disciplinary answerability of judges;
- assesses the competence and ethics of judges in the
performance of their office; and
- proposes two judges to sit on the Constitutional Court of
Macedonia.
Article 106
(1) The Public Prosecutor's Office is a single and autonomous
state body carrying out legal measures against persons who
have committed criminal and other offenses determined by law;
it also performs other duties determined by law.
(2) The Public Prosecutor's Office carries out its duties on the
basis of and within the framework of the Constitution and law.
(3) The Public Prosecutor is appointed by the Assembly for a
term of six years and is discharged by the Assembly.
Article 107
(1) The Public Prosecutor is granted immunity.
(2) The Assembly decides on his/her immunity.
(3) The office of the Public Prosecutor is incompatible with the
performance of any other public office, profession or
membership in a political party.
Article 108
The Constitutional Court
Article 109
(1) The Constitutional Court of Macedonia is composed of nine
judges.
(2) The Assembly elects the judges to the Constitutional Court
by a majority vote of the total number of Representatives. The
term of office of the judges is nine years without the right to
reelection.
(3) The Constitutional Court elects a President from its own
ranks for a term of three years without the right to reelection.
(4) Judges of the Constitutional Court are elected from the
ranks of outstanding members of the legal profession.
Article 110
The Constitutional Court of Macedonia.
- decides on the conformity of laws with the
Constitution;
- decides on the conformity of collective agreements and other
regulations with the Constitution and laws;
- protects the freedoms and rights of the individual and citizen
relating to the freedom of communication, conscience, thought
and activity as well as to the prohibition of discrimination
among citizens on the grounds of sex, race, religion or national,
social or political affiliation;
- decides on conflicts of competency among holders of
legislative, executive and judicial offices;
- decides on conflicts of competency among Republic bodies
and units of local self-government;
- decides on the answerability of the programs and status of
political parties and associations of citizens; and
- decides on other issues determined by the Constitution.
Article 111
(1) The office of judge of the Constitutional Court is
incompatible with the performance of other public office,
profession or membership in a political party.
(2) Judges of the Constitutional Court are granted immunity.
The Constitutional Court decides on their immunity.
(3) Judges of the Constitutional Court cannot be called up for
duties in the Armed Forces.
(4) The office of a judge of the Constitutional Court ceases
when the incumbent resigns. A judge of the Constitutional
Court shall be discharged from office if sentenced for a
criminal offence to unconditional imprisonment of a minimum
of six months, or if he/she permanently loses the capability of
performing his/her office, as determined by the Constitutional
Court.
Article 112
(1) The Constitutional Court shall repeal or invalidate a law if it
determines that the law does not conform to the Constitution.
(2) The Constitutional Court shall repeal or invalidate a
collective agreement, other regulation or enactment, statue or
program of a political party or association, if it determines that
the same does not conform to the Constitution or law.
(3) The decisions of the Constitutional Court are final and
executive.
Article 113
The mode of work and the procedure of the Constitutional
Court are regulated by the enactment of the Court.
Article 114
(1) The right of citizens to local self-government is guaranteed.
(2) Municipalities are units of local self-government
(3) Within municipalities forms of neighborhood
self-government may be established.
(4) Municipalities are financed from their own sources of
income determined by law as well as by funds from the
Republic.
(5) Local self-government is regulated by a law adopted by a
two-thirds majority of the total number of Representatives.
Article 115
(1) In units of local self-government, citizens directly and
through representatives participate in decision-making on issues
of local relevance particularly in the fields of urban planning,
communal activities, culture, sport, social security and child
care, preschool education, primary education, basic health care
and other fields determined by law.
(2) The municipality is autonomous in the execution of its
constitutionally and legally determined spheres of competence;
supervision of the legality of its work is carried out by the
Republic.
(3) The carrying out of specified matters can by law be
entrusted to the municipality by the Republic.
Article 116
The territorial division of the Republic and the area
administered by each municipality are defined by law.
Article 117
(1) The City of Skopje is a particular unit of local
self-government the organization of which is regulated by law.
(2) In the City of Skopje, citizens directly and through
representatives participate in decision-making on issues of
relevance for the City of Skopje particularly in the field of
urban planning, communal activities, culture, sport, social
security and child care, preschool education, primary education,
basic health care and other fields determined by law.
(3) The City of Skopje is financed from its own sources of
income determined by law, as well as by funds from the
Republic.
(4) The City is autonomous in the execution of its
constitutionally and legally determined spheres of competence;
supervision of the legality of its work is carried out by the
Republic.
(5) By law, the Republic can entrust the carrying out of
specified matters to the City.
Article 118
The international agreements ratified in accordance with the
Constitution are part of the internal legal order and cannot be
changed by law.
Article 119
(1) International agreement are concludes in the name of the
Republic of Macedonia by the President of the Republic of
Macedonia.
(2) International agreements may also be concludes by the
Government of the Republic of Macedonia, when it is so
determined by law.
Article 120
(1) A proposal for association in a union or community with
other states or for dissociation from a union or community with
other states may be submitted by the President of the Republic,
the Government or by at least 40 Representatives.
(2) The proposal for association in or dissociation from a union
or community with other states is accepted by the Assembly by
a two-thirds majority vote of the total number of
Representatives.
(3) The decision of association in or dissociation from a union
or community with other states is adopted if it us upheld in a
referendum by the majority of the total number of voters in the
Republic.
Article 121
A decision of association or dissociation concerning
membership in international organizations is adopted by the
Assembly by a majority vote of the total number of
Representatives of the Republic, the Government or at least 40
Representatives of the Assembly.
Article 122
(1) The Armed Forces
(2) The defence of the Republic is regulated by a law adopted
by a two-thirds majority vote to the total number of
Representatives.
Article 123
No person is authorized to recognize occupation of the Republic
of Macedonia or of part thereof.
Article 124
(1) A state of war exists when direct danger of military attack
on the Republic is impending, or when the Republic is attacked,
or war is declared on it.
(2) A state of war is declared by the Assembly by a two-thirds
majority vote of the total number of Representatives of the
Assembly, on the proposal of the President of the Republic, the
Government or at least 30 Representatives.
(3) If the Assembly cannot meet, the decision on the declaration
of a state of war is made by the President of the Republic who
submits it to the Assembly for confirmation as soon as it can
meet.
Article 125
(1) A state of emergency exists when major natural disasters or
epidemics take place.
(2) A state of emergency on the territory of the Republic of
Macedonia or on part thereof is determined by the Assembly on
a proposal by the President of the Republic, the Government or
by at least 30 Representatives.
(3) The decision to establish the existence of a state of
emergency is made by a two-thirds majority vote of the total
number of Representatives and can remain in force for a
maximum of 30 days.
(4) If the Assembly cannot meet, the decision to establish the
existence of a state of emergency is made by the President of
the Republic, who submits it to the Assembly for confirmation
as soon as it can meet.
Article 126
(1) During a state of war or emergency, the Government, in
accordance with the Constitution and law, issues decrees with
the force of law.
(2) The authorization of the Government to issue decrees with
the force of law lasts until the termination of the state of war or
emergency, on which the Assembly decides.
Article 127
During a state of war, if the Assembly cannot meet, the
President of the Republic may appoint and discharge the
Government, as well as appoint or dismiss officials whose
election is within the sphere of competence of the Assembly.
Article 128
The mandate of the judges of the Constitutional Court of
Macedonia, as well as members of the Republican Judicial
Council is extended for the duration of the state of war or
emergency.
Article 129
The Constitution of the Republic of Macedonia can be changed
or supplemented by constitutional amendments.
Article 130
A proposal to initiate a change in the Constitution of the
Republic of Macedonia may be made by the President of the
Republic, by the Government, by at least 30 Representatives, or
by 150,000 citizens.
Article 131
(1) The decisions to initiate a change in the Constitution is
made by the Assembly by a two-thirds majority vote of the total
number of Representatives.
(2) The draft amendment of the Constitution is confirmed by the
Assembly by a majority vote of the total number of
Representatives and then submitted to public debate.
(3) The decision to change the Constitution is made by the
Assembly by a two-thirds majority vote of the total number of
Representatives.
(4) The change in the Constitution is declared by the Assembly.
Article 132
Time of residence in other republics in the Socialist Federal
Republic of Yugoslavia is also included in the time span
specified in Article 80 (5).
Article 133
(1) A Constitution Act shall be adopted for the implementation
of the Constitution.
(2) The Constitution Act is adopted by a two-thirds majority
vote of the total number of Representatives.
(3) The Constitution Act is declared by the Assembly and
comes into force simultaneously with the declaration of the
Constitution.
Article 134
This Constitution comes into force on the day it is declared in
the Assembly of the Republic of Macedonia.