Constitution

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Year: 1991
Country: Macedonia
Language: English
Document Type: Domestic Law or Regulation
Topic:

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C O N S T I T U T I O N

THE REPUBLIC OF MACEDONIA

Skopje, 1991

Taking as the points of departure the historical, cultural, spiritual and statehood heritage
of the Macedonian people and their struggle over centuries for national and social
freedom as well as for the creation of their own state, and particularly the traditions of
statehood and legality of the Krushevo Republic and the historic decisions of the Anti-
Fascist Assembly of the People’s Liberation of Macedonia, together with the
constitutional and legal continuity of the Macedonian state as a sovereign republic within
Federal Yugoslavia and the freely manifested will of the citizens of the Republic of
Macedonia in the referendum of September 8th, 1991, as well as the historical fact that
Macedonia is established as a national state of the Macedonian people, in which full
equality as citizens and permanent co-existence with the Macedonian people is provided
for Albanians, Turks, Vlachs, Romanies and other nationalities living in the Republic of
Macedonia, and intent on:

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 wellbeing 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.

I. BASIC PROVISIONS

Article 1

The Republic of Macedonia is a sovereign, independent, democratic and social state.
The sovereignty of the Republic of Macedonia is indivisible, inalienable and
nontransferable.

Article 2

Sovereignty in the Republic of Macedonia derives from the citizens and belongs to the
citizens.
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

The territory of the Republic of Macedonia is indivisible and inalienable.
The existing borders of the Republic of Macedonia are inviolable.
The borders of the Republic of Macedonia may be changed only in accordance with the
Constitution.

Article 4

Citizens of the Republic of Macedonia have citizenship of the Republic of Macedonia.
A subject of the Republic of Macedonia may neither be deprived of citizenship, nor
expelled or extradited to another state. Citizenship of the Republic of Macedonia is
regulated by law.

Article 5

The state symbols of the Republic of Macedonia are the coat of arms, the flag and the
national anthem.
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

The Macedonian language, written using its Cyrillic alphabet, is the official language in
the Republic of Macedonia.
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.
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

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;
political pluralism and free, direct and democratic elections;
the legal protection of property;
the freedom of the market and enterpreneurship;
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.

Anything that is not prohibited by the Constitution of by law is permitted in the Republic
of Macedonia.

II. BASIC FREEDOMS AND RIGHTS OF THE INDIVIDUAL AND CITIZEN

1. Civil and political freedoms and rights

Article 9

Citizens of the Republic of Macedonia are equal in their freedoms and rights, regardless
of sex, race, color of skin, national and social origin, political and religious beliefs,
property and social status.
All citizens are equal before the Constitution and law.

Article 10

The human right to life is irrevocable.
The death penalty shall not be imposed on any grounds whatsoever in the Republic of
Macedonia.

Article 11

The human right to physical and moral dignity is irrevocable.
Any form of torture, or inhuman or humiliating conduct or punishment, is prohibited.
Forced labor is prohibited.

Article 12

The human right to freedom is irrevocable.
No person’s freedom can be restricted except by a court decision or in cases and
procedures determined by law.
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.
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.
Detention may last, by court decision, for a maximum period of 90 days from the day of
detention.
Persons detained may, under the conditions determined by law, be released from custody
to conduct their defense.

Article 13

A person indicted for an offence shall be considered innocent until his/her guilt is
established by a legally valid court verdict.
A person unlawfully detained, apprehended or convicted has a right to legal redress and
other rights determined by law.

Article 14

No person may be punished for an offence which had not been declared an offence
punishable by law, or by other acts, prior to its being committed, and for which no
punishment had been prescribed.
No person may be tried in a court of law for an offence for 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

The freedom of personal conviction, conscience, thought and public expression of
thought is guaranteed.
The freedom of speech, public address, public information and the establishment of
institutions for public information are guaranteed.
Free access to information and the freedom of reception and transmission of information
are guaranteed.
The right of reply via the mass media is guaranteed.
The right to a correction in the mass media is guaranteed.
The right to protect a source of information in the mass media is guaranteed.
Censorship is prohibited.

Article 17

The freedom and confidentiality of correspondence and other forms of communication is
guaranteed.
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
defense of the Republic.

Article 18

The security and confidentiality of personal information are guaranteed.
Citizens are guaranteed protection from any violation of their personal integrity deriving
from the registration of personal information through data processing.

Article 19

The freedom of religious confession is guaranteed.
The right to express one’s faith freely and publicly, individually or with others is
guaranteed.
The Macedonian Orthodox Church and other religious communities and groups are
separate from the state and equal before the law.
The Macedonian Orthodox Church and other religious communities and groups are free
to establish schools and other social and charitable institutions, by way of a procedure
regulated by law.

Article 20

Citizens are guaranteed freedom of association to exercise and protect their political,
economic, social, cultural and other rights and convictions.
Citizens may freely establish associations of citizens and political parties, join them or
resign from them.
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.
Military or paramilitary associations which do not belong to the Armed Forces of the
Republic of Macedonia are prohibited.

Article 21

Citizens have the right to assemble peacefully and to express public protest without prior
announcement or a special license.
The exercise of this right may be restricted only during a state of emergency or war.

Article 22

Every citizen on reaching 18 years of age acquires the right to vote.
The right to vote is equal, universal and direct, and is exercised at free elections by secret
ballot.
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

Every citizen has a right to petition state and other public bodies, as well as to receive an
answer.
A citizen cannot be cannot be called to account or 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 of his/her dignity and repute.

Article 26

The inviolability of the home is guaranteed.
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 offences or the protection of people’s
health.

Article 27

Every citizen of the Republic of Macedonia has the right of free movement on the
territory of the Republic and freely to chose his/her place of residence.
Every citizen has the right to leave the territory of the Republic and to return to the
Republic.
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

The defense of the Republic of Macedonia is the right and duty of every citizen.
The exercise of this right and duty of citizen is regulated by law.

Article 29

Foreign subjects enjoy freedoms and rights guaranteed by the Constitution in the
Republic of Macedonia, under conditions regulated by law and international agreements.
The Republic guarantees the right of asylum to foreign subjects and stateless persons
expelled because of democratic political convictions and activities.

Extradition of a foreign subject can be carried out only on the basis of a ratified
international agreement and on the principle of reciprocity. A foreign subject cannot be
extradited for political criminal offences. Acts of terrorism are not regarded as political
criminal offences.

2. Economic, social and cultural rights

Article 30

The right to ownership of property and the right of inheritance are guaranteed.
Ownership of property creates rights and duties and should serve the wellbeing of both
the individual and the community.
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.
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

Everyone has the right to work, to free choice of employment, protection at work and
material assistance during temporary unemployment.
Every job is open to all under equal conditions.
Every employee has a right to appropriate remuneration.
Every employee has the right on paid daily, weekly and annual leave. Employees cannot
waive this right.
The exercise of the rights of employees and their position 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

The Republic provides for the social protection and social security of citizens in
accordance with the principle of social justice.
The Republic guarantees the right of assistance to citizens who are infirm or unfit for
work.
The Republic provides particular protection for invalid persons, as well as conditions for
their involvement in the life of the society.

Article 36

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 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.
The particular rights are regulated by law.

Article 37

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.
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

The right to strike is guaranteed.
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

Every citizen is guaranteed the right to health care.

Citizens have the right and duty to protect and promote their own health and the health of
others.

Article 40

The Republic provides particular care and protection for the family.
The legal relations in marriage, the family and cohabitation are regulated by law.
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 infirm parents.
The Republic provides particular protection for parentless children and children without
parental care.

Article 41

It is a human right freely to decide on the procreation of children.
The Republic conducts a humane population policy in order to provide balanced
economic and social development.

Article 42

The Republic particularly protects mothers, children and minors.
A person under 15 years of age cannot be employed.
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

Everyone has the right to a healthy environment to live in.
Everyone is obliged to promote and protect the environment.
The Republic provides conditions for the exercise of the right of citizens to a healthy
environment.

Article 44

Everyone has a right to education.
Education is accessible to everyone under equal conditions.
Primary education is compulsory and free.

Article 45

Citizens have a right to establish private at schools at all levels of education, with the
exception of primary education, under conditions determined by law.

Article 46

The autonomy of universities is guaranteed.
The conditions of establishment, performance and termination of the activities of a
university are regulated by law.

Article 47

The freedom of scholarly, artistic and other forms of creative work is guaranteed.
Rights deriving from scholarly, artistic or other intellectual creative work are guaranteed.
The Republic stimulates, assists and protects the development of scholarship, the arts and
culture.
The Republic stimulates and assists scientific and technological development.
The Republic stimulates and assists technical education and sport.

Article 48

Members of nationalities have a right freely to express, foster and develop their identity
and national attributes.
The Republic guarantees the protection of the ethnic, cultural, linguistic and religious
identity of the nationalities.
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.
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

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

3. Guarantees of basic freedoms and rights

Article 50

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.
Judicial protection of the legality of individual acts of state administration, as well as of
other institutions carrying out public mandates, is guaranteed.
A citizen has the right to be informed on human rights and basic freedoms as well as
actively to contribute, individually or jointly with others, to their promotion and
protection.

Article 51

In the Republic of Macedonia laws shall be in accordance with the Constitution and all
other regulations in accordance with the Constitution and law.
Everyone is obliged to respect the Constitution and the laws.

Article 52

Laws and other regulations are published before they come into force.
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.
Laws come into force on the eighth day after the day of their publication at the earliest, or
on the day of publication in exceptional cases determined by the Assembly.
Laws and other regulations may not have a retroactive effect, except in cases when this is
more favorable for the citizens.

Article 53

Attorneyship is an autonomous and independent public service, providing legal assistance
and carrying out public mandates in accordance with the law.

Article 54

The freedoms and rights of the individual and citizen can be restricted only in cases
determined by the Constitution.
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.

The restriction of freedoms and rights cannot discriminate on grounds of sex, race, colour
of skin, language, religion, national or social origin, property or social status.
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 offences and sentences, as well as to the freedom of personal
conviction, conscience, thought and religious confession.

4. Foundations for economic relations

Article 55

The freedom of the market and enterpreneurship is guaranteed.
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.
The freedom of the market and enterpreneurship can be restricted by law only for reasons
of the defense of the Republic, protection of the natural and living environment or public
health.

Article 56

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.
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

Ownership and labor form the basis for management and sharing in decision-making.

Participation in management and decision-making in public institutions and services is
regulated by law, on the principles of expertise and competence.

Article 59

Foreign investors are guaranteed the right to the free transfer of invested capital and
profits.
The rights obtained on the basis of the capital invested may not be reduced by law or
other regulations.

Article 60

The National Bank of the Republic of Macedonia is a currency-issuing bank.
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.
The organization and work of the National Bank are regulated by law.

III. THE ORGANIZATION OF STATE AUTHORITY

1. The Assembly of the Republic of Macedonia

Article 61

The Assembly of the Republic of Macedonia is a representative body of the citizens and
the legislative power of the Republic is vested in it.
The organization and functioning of the Assembly are regulated by the Constitution and
by the Rules of Procedure.

Article 62

The Assembly of the Republic of Macedonia is composed of 120 to 140 Representatives.
The Representatives are elected at general, direct and free elections and by secret ballot.
The Representative represents the citizens and makes decisions in the Assembly in
accordance with his/her personal convictions.
A Representative’s mandate cannot be revoked.
The mode and conditions of election of Representatives are regulated by a low adopted
by a majority vote of the total number of Representatives.

Article 63

The Representatives for the Assembly are elected for a term of four years. The mandate
of Representatives is verified by the Assembly. 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.
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 of dissolution of the Assembly.
The term of office of the Representatives to the Assembly can be extended only during
states of war or emergency.
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

Representatives enjoy immunity.
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.
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 is
prescribed.
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.
Representatives may not be called up for duties in the Armed Forces during the course of
their term of office.
A Representative is entitled to remuneration determined by law.

Article 65

A Representative may resign his/her mandate.
The Representative submits his/her resignation in person at a session of the Assembly.
The mandate of a Representative terminates if he/she is sentenced for a criminal offence
for which a prison sentence of at least five years is prescribed.
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

The Assembly is in permanent session.
The Assembly works at meetings.
The meetings of the Assembly are called by the President of the Assembly.
The Assembly adopts the Rules of Procedure by a majority vote of the total number of
Representatives.

Article 67

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.
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.
The office of the President of the Assembly is incompatible with the performance of
other public offices, professions or appointment in a political party.
The President of the Assembly issues notice of the election of Representatives and of the
President of the Republic.

Article 68

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 and the balance of payments of the Republic;
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 and 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;
elects judges to the Constitutional Court of the Republic of Macedonia;
carries out elections and discharges judges;
selects, appoints and dismisses other holders of public and other office
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.

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

The meetings of the Assembly are open to the public.
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

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.
The initiative for adopting a law may be given to the authorized instances by any citizen,
group of citizens, institutions or associations.

Article 72

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.
Interpellation may be made by a minimum of five Representatives.
All Representatives have the right to ask a Representative’s question.
The mode and procedure for submitting and debating on an interpellation and
Representative’s question are regulated by the Rules of Procedure.

Article 73

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.
The decision of the majority of voters in a referendum is adopted on condition that more
than half of the total number of voters voted.

The Assembly is obliged to issue notice of a referendum if one is proposed by at least
150,000 voters.
The decision made in a referendum is binding.

Article 74

The Assembly makes decisions on any change in the borders of the Republic by a two-
thirds majority vote of the total number of Representatives.
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

Laws are declared by promulgation.
The promulgation declaring a law is signed by the President of the Republic and the
President of the Assembly.
The President of the Republic may decide not to sign the promulgation declaring a law.
The Assembly reconsiders the law and the President of the Republic is then obliged to
sign the promulgation in so far as it is adopted by a majority vote of the total number of
Representatives.
The President is obliged 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

The Assembly sets up permanent and temporary working bodies.
The Assembly may set up survey commissions for any domain or any matter of public
interest.
A proposal for setting up a survey commission may be submitted by a minimum of 20
Representatives.
The Assembly sets up a permanent survey commission for the protection of the freedoms
and rights of citizens.
The findings of the survey commissions form the basis for the initiation of proceedings to
ascertain the answerability of public office-holders.

Article 77

The Assembly elects the Public Attorney.
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.

The Public Attorney is elected for a term of eight years, with the right to one reelection.
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

The Assembly establishes a Council for Inter-Ethnic Relations.
The Council consists of the President of the Assembly and two members each from the
ranks of the Macedonians, Albanians, Turks, Vlachs and Romanies, as well as two
members from the ranks of other nationalities in Macedonia.
The President of the Assembly is President of the Council.
The Assembly elects the members of the Council.
The Council considers issues of inter-ethnic relations in the Republic and makes
appraisals and proposals for their solution.
The Assembly is obliged to take into consideration the appraisals and proposals of the
Council and to make decisions regarding them.

2. The President of the Republic of Macedonia

Article 79

The President of the Republic Macedonia represents the Republic. The president of the
Republic is Commander-in-Chief of the Armed Forces of Macedonia.
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

The President of the Republic is elected in general and direct elections, by secret ballot,
for a term of five years.
A person may be elected President of the Republic two times at most.
The President of the Republic shall be a citizen of the Republic of Macedonia.
A person may be elected President of the Republic if over the age of at least 40 on the
day of election.
A person may not be elected President of the Republic if, on the day of 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

A candidate for President of the Republic can be nominated by a minimum of 10,000
voters or at least 30 Representatives.
A candidate for President of the Republic is elected if voted by a majority of the total
number of voters.
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.
The second round takes place within 14 days of the termination of voting in the first
round.
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.
If in the second round of voting no candidate wins the required majority of votes, the
whole electoral procedure is repeated.
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.
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.
Before taking up office, the President of the Republic makes a solemn declaration before
the Assembly of his/her commitment to respect the Constitution and the laws.

Article 82

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.
Decisions on the applicability of the conditions, for the cessation of office of the
President of the Republic are the official duty of the Constitutional Court.
Should the President of the Republic be temporarily unable to perform 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

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.
The President of the Republic is granted immunity.

The Constitutional Court decides by a two-thirds majority vote of the total number of
judges on any case for withholding immunity 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 honours in accordance with the law;
grants pardons in accordance with the law; and
performs other duties determined by the Constitution.

Article 85

The President of the Republic addresses the Assembly on issues within his/her sphere of
competence at least once a year.
The Assembly may request the President of the Republic to state an opinion on issues
within his/her sphere of competence.

Article 86

The President of the Republic is President of the Security Council of the Republic of
Macedonia.
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, defense and foreign affairs and three members
appointed by the President of the Republic.
The Council considers issues relating to the security and defense of the Republic and
makes policy proposals to the Assembly and the Government.

Article 87

The President is held accountable for any violation of the Constitution in exercising
his/her rights and duties.
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.
It is the Constitutional Court that decides on the answerability of the President by a two-
thirds majority vote of all judges.
If the Constitutional Court considers the president answerable for a violation, his/her
mandate is terminated by the force of the Constitution.

3. The Government of the Republic of Macedonia

Article 88

Executive power is vested in the Government of the Republic of Macedonia.
The Government exercises its rights and competence on the basis and within the
framework of the Constitution and law.

Article 89

The Government is composed of a Prime Minister and Ministers.
The Prime Minister and the Ministers cannot be Representatives in the Assembly.
The Prime Minister, and Ministers are granted immunity. The Government decides on
their immunity.
The Prime Minister, Deputy Prime Ministers and Ministers cannot be called up for duties
in the Armed Forces.
The office of Prime Minister or Minister is incompatible with any other public office or
profession.
The organization and mode of working of the Government are regulated by law.

Article 90

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.
Within 20 days from the day of being entrusted with the mandate, the mandator submits a
programme to the Assembly and proposes the composition of the Government.
The Government is elected by the Assembly on the proposal of the mandator and on the
basis of the programme 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 bylaws 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 decisions 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

The Government and each of its members are accountable to the Assembly.
The Assembly may take a vote of no-confidence in the Government.
A vote of no-confidence in the Government may be initiated by a minimum of 20
Representatives.
The vote of no-confidence in the Government is taken after three days have elapsed from
the day of its proposal.
Another vote of no-confidence in the Government may not be proposed before 90 days
have elapsed since the last such vote, unless proposed by a majority of all
Representatives.
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

The Government itself has the right to raise the question of confidence before the
Assembly.

The Government has the right go submit its resignation.
The resignation of the Prime Minister, his/her death or permanent inability to perform
his/her duties entail the resignation of the Government.
The Government ceases its term of office when the Assembly is dissolved.
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

A member of the Government has the right to submit his/her resignation.
The Prime Minister may propose the dismissal of a member of the Government.
The Assembly decides on the proposal for the dismissal of a member of the Government
at its first meeting following the proposal.
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

The state administration consists of Ministries and other administrative bodies and
organizations determined by law.
Political organization and activities within bodies of state administration are prohibited.
The organization and work of the 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 defense and the police are to be headed
by civilians who have been civilians for at least three years before their election to these
offices.

4. The Judiciary

Article 98

Judiciary power is exercised by courts.
Courts are autonomous and independent. Courts judge on the basis of the Constitution
and laws and international agreements ratified in accordance with the Constitution.
There is one form of organization for the judiciary.
Emergency courts are prohibited.
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

A judge is elected without restriction of his/her term of office.
A judge cannot be transferred against his/her will.
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

Judges are granted immunity.
The Assembly decides on the immunity of judges.
The performance of a judge’s office in incompatible with other public office, profession
or membership in a political party.
Political organization and activity in the judiciary is prohibited.

Article 101

The Supreme Court of the Republic of Macedonia is the highest court in the Republic,
providing uniformity in the implementation of the laws by the courts.

Article 102

Court hearings and the passing of verdicts are public.
The public can be excluded in cases determined by law.

Article 103

The court tries cases in council.
The law determines cases in which a judge can sit alone.
Jury judges take part in a trial in cases determined by law.
Jury judges cannot be held answerable for their opinions and decisions concerning their
verdict.

Article 104

The Republican Judicial Council is composed of seven members.
The Assembly elects the members of the Council.
The members of the Council are elected from the ranks of outstanding members of the
legal profession for a term of six wears with the right to one reelection.
Members of the Republican Judicial Council are granted immunity. The Assembly
decides on their immunity.
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 the Republic of
Macedonia.

5. The Public Prosecutor’s Office

Article 106

The Public Prosecutor’s Office is a single and autonomous state body carrying out legal
measures against persons who have committed criminal and other offences determined by
law, it also performs other duties determined by law.
The Public Prosecutor’s Office carries out its duties on the basis of and within the
framework of the Constitution and law.
The Public Prosecutor is appointed by the Assembly for a term of six years and is
discharged by the Assembly.

Article 107

The Public Prosecutor is granted immunity.
The Assembly decides on his/her immunity.
The office of the Public Prosecutor is incompatible with the performance of any other
public office, profession or membership in a political party.

IV. THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MACEDONIA

Article 108

The Constitutional Court of the Republic of Macedonia is a body of the Republic
protecting constitutionality and legality.

Article 109

The Constitutional Court of the Republic of Macedonia is composed of nine judges.
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.
The Constitutional Court elects a President from its own ranks for a term of three years
without the right to reelection.
Judges of the Constitutional Court are elected from the ranks of outstanding members of
the legal profession.

Article 110

The Constitutional Court of the Republic 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 conviction, conscience, thought and public expression of thought,
political association and activity as well as to the prohibition of discrimination
among citizens on the ground 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 President of the Republic;
decides on the constitutionality of the programmes and statutes of political
parties and associations of citizens; and
decides on other issues determined by the Constitution.

Article 111

The office of judge of the Constitutional Court is incompatible with the performance of
other public office, profession or membership in a political party.
Judges of the Constitutional Court are granted immunity. The Constitutional Court
decides on their immunity.
Judges of the Constitutional Court cannot be called up for duties in the Armed Forces.
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

The Constitutional Court shall repeal or invalidate a law if it determines that the law does
not conform to the Constitution.
The Constitutional Court shall repeal or invalidate a collective agreement, other
regulation or enactment, statute or programme of a political party or association, if it
determines that the same does not conform to the Constitution or law.
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 an
enactment of the Court.

V. LOCAL SELF-GOVERNMENT

Article 114

The right of citizens to local self-government is guaranteed.
Municipalities are units of local self-government.
Within municipalities forms of neighbourhood self-government may be established.
Municipalities are financed from their own sources of income determined by law as well
as by funds from the Republic.
Local self-government is regulated by a law adopted by a two-thirds majority vote of the
total number of Representatives.

Article 115

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.
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.
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

The City of Skopje is a particular unit of local self-government the organization of which
is regulated by law.
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 filed 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.
The City of Skopje is financed from its own sources of income determined by law, as
well as by funds from the Republic.
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.
By law, the Republic can entrust the carrying out of specified matters to the City.

VI. INTERNATIONAL RELATIONS

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

International agreements are concluded in the name of the Republic of Macedonia by the
President of the Republic of Macedonia. International agreements may also be concluded
by the Government of the Republic of Macedonia, when it is so determined by law.

Article 120

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.
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.
The decision of association in or dissociation from a union or community is adopted if it
is 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 Assembly and proposed by the President of the Republic, the
Government or at least 40 Representatives of the Assembly.

VII.THE DEFENCE OF THE REPUBLIC AND STATES OF WAR AND
EMERGENCY

Article 122

The Armed Forces of the Republic of Macedonia protect the territorial integrity and
independence of the Republic.
The defense of the Republic is regulated by a law adopted by a two-thirds majority vote
of 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

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.
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.
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

A state of emergency exists when major natural disasters or epidemics take place.
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.
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.
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

During a state of war or emergency, the Government, in accordance with the Constitution
and law, issues decrees with the force of law.
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 the 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.

VIII. CHANGES IN THE CONSTITUTION

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 in 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

The decision to initiate a change in the Constitution is made by the Assembly by a two-
thirds majority vote of the total number of Representatives.
The draft amendment to the Constitution is confirmed by the Assembly by a majority
vote of the total number of Representatives and then submitted to public debate.

The decision to change the Constitution is made by the Assembly by a two-thirds
majority vote of the total number of Representatives.
The change in the Constitution is declared by the Assembly.

IX. TRANSITIONAL AND FINAL CLAUSES

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, Paragraph 5.

Article 133

A Constitution Act shall be adopted for the implementation of the Constitution.
The Constitution Act is adopted by a two-thirds majority vote of the total number of
Representatives.
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.

X.AMENDMENTS TO THE CONSTITUTION OF THE REPUBLIC OF
MACEDONIA

Amendment I

1. The Republic of Macedonia has no territorial pretensions towards any neighboring
state.

2. 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 as in accordance with
generally accepted international norms.

3. Clause 1. of this Amendment is an Addendum to Article 3 of the Constitution of the
Republic of Macedonia. Clause 2. replaces Paragraph 3 of the same Article.

Amendment II

1. In the exercise of this concern the Republic will not interfere in the sovereign rights
of other states or in their internal affairs.

2. This Amendment is an Addendum to Paragraph 1 of Article 49 of the Constitution of
the Republic of Macedonia.

These Amendments are an integral part of the Constitution of the Republic of Macedonia
and came into force on the day they were promulgated, on January 6th, 1992.

Amendment III

This amendment is part of the Constitution of Republic of Macedonia and it is acting
starting with the day of its proclamation.

1. Until the indictment, pre trial detention can last, by court decision, a maximum of 180
days. After the indictment, detention pending trial can be prolonged in a manner and
in procedure provided by law.

2. This amendment is replacing paragraph 5 of article 12 of the Constitution of Republic
of Macedonia.

Amendment IV

This amendment is part of the Constitution of Republic of Macedonia and it is acting
starting with the day of its proclamation on 16
th November 2001.

1. The citizens of the Republic of Macedonia, the Macedonian people, as well as the
citizens who live inside the border who are a part of the Albanian people, Turkish
people, Vlach people, Serbian people, Roma people, Bosnian people and others,
taking over the responsibility for the present and the future of their homeland,
conscious and thankful to their ancestors for the sacrifice and devotion in their pledge
and fight for establishing an independent and sovereign state Macedonia and
responsible in front of future generations for retaining and development of
everything valuable from the rich cultural inheritance and coexistence in Macedonia,
equal in their rights and obligations for common good – republic of Macedonia – in
agreement with the tradition of the Krusevo Republic and decisions of ASNOM and
of the Referendum dating 8th of September, decided to constitute Republic of
Macedonia as independent, sovereign state, with intention to establish and to
consolidate the rule of law, to guarantee human rights and citizen’s freedom, to
establish peace and coexistence, social justice, economic welfare, and progress of
the personal and community life, trough out it’s representatives in the Assembly of
Republic of Macedonia, elected on free and democratic elections, issue this

2. With paragraph 1 of this amendment the Preamble of the Constitution of Republic of
Macedonia is replaced.

Amendment V

This amendment is part of the Constitution of Republic of Macedonia and it is acting
starting with the day of its proclamation on 16
th November 2001.

1. The Macedonian language and the Cyrillic letter is the official language trough out
the whole territory of Republic of Macedonia and its international relations.
Other language spoken by at least 20% of the citizens, is also, an official language
and its letter, as it is determined with this article.
Personal ID’s, of the citizens that speak a different official language rather then
Macedonian language, are issued in Macedonian language and its letter, as well as in
the language that they speak, and its letter according to the law.
Any citizen that lives in the units of local self-governing in which at least 20% of the
citizens speak a different official language rather than the Macedonian language, in
communication with regional units of the ministries, can use any of the official
languages and its letter. Regional units in charge of those units of the local self-
government respond in Macedonian language and its Cyrillic letter, as well as in the
official language and letter that is used by the citizen. Any citizen in communication
with ministries can use one of the official languages and its letter, and the ministries,
will respond in Macedonian language and its Cyrillic letter, as well as in the official
language and letter that is used by the citizen.
In the bodies of the Government of Republic of Macedonia, the official language
different from the Macedonian language can be used according to the law.
In the units of the local self-government the language and the letter that is used by at
least 20% of the citizens is an official language, beside the Macedonian language and
its Cyrillic letter. The decision for use of the languages and letters which are spoken
by at least 20% of the citizens in the self-governing units, is made by the bodies of the
local self-government units.

2. Article 7 of the Constitution of the Republic of Macedonia is replaced with this
amendment.

Amendment VI

This amendment is part of the Constitution of Republic of Macedonia and it is acting
starting with the day of its proclamation on 16
th November 2001.

1. Appropriate and fair representation of the citizens that belong in all communities in
the bodies of the state government and other public institutions of all levels.

2. Paragraph 2 of article 8 of the Constitution of the Republic of Macedonia is
supplemented by this amendment.

Amendment VII

This amendment is part of the Constitution of Republic of Macedonia and it is acting
starting with the day of its proclamation on 16
th November 2001.

1. The Macedonian Orthodox Church as well as the Islamic Religious Community,
Catholic Church, Evangelistic-Methodical Church and Jewish Community, and other
religious communities and groups are separated from the state and are equal in front
of the law.

2. The Macedonian Orthodox Church as well as the Islamic Religious Community,
Catholic Church, Evangelistic-Methodical Church and Jewish Community, and other
religious communities and groups are free in establishing of religious schools and
social and welfare institutions with procedure regulated by the law.

3. With paragraph 1 of this amendment paragraph 3 of article 19 is replaced, and with
paragraph 2 of this amendment paragraph 4 of article 19 of the Constitution of
Republic of Macedonia is replaced.

Amendment VIII