Constitution

Republic of North Macedonia 1991 Constitution (reviewed 2011)

Table of Contents

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.

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