From: sachz@coombs.anu.edu.au (Sacha Shopov)
Subject: Constitution of the REPUBLIC OF MACEDONIA
Message-ID: <1nq00nINNiar@manuel.anu.edu.au>
Date: 12 Mar 1993 12:34:31 GMT
Organization: Australian National University
Lines: 1654



               C O N S T I T U T I O N    O F   T H E

             R E P U B L I C    O F    M A C E D O N I A

 
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
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 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, Romanics 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
   inviolable.
   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 either 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,
     recognised 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.

   Anything that is not prohibited by the Constitution or 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, colour 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 labour is prohibited.


                        Article 12

   The human right to freedom is irrevocable.
   No person's freedom can be restricted except by 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 of 90 days
   from the day of detention.
   Persons detained may, under the conditions determined by law, be
   released from custody to conduct their defence.


                        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 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.
   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,
   organisation 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 is
   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 authorise 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

   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 free to establish schools and other social and
   charitable institutions, by ways 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 programmes 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 licence.
   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 practise 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 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

   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 choose
   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 defence of the Republic of Macedonia is the right and duty of
   every citizen.
   The exercise of this right and duty of citizens 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 a
   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 to paid daily, weekly and annual
   leave. Employees cannot waive this right.
   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

   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, 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 organisations.
   The law may restrict the conditions for the exercise of the right
   to trade union organisation 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 inform 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 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 neighbouring countries, as well
   as Macedonian ex-patriates, 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 of 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
   republication 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 favourable for the citizens.


                        Article 53

   Attorneyship is an autonomous and independent public service,
   providing a 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 entrepreneurship 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 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

   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 labour 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 organisation and work of the National Bank are regulated by law.



III THE ORGANISATION 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 organisation 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 Representatives 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 law adopted by a two-thirds 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 the 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 if 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 sentences 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 two-thirds 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 to 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 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.

   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 authorised
   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 ot its members individually, as
   well as on issues concerning the performance of state bodies.
   Interpellations 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 votes 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 of Macedonia 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 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.
   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

   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 of commission may be submitted by
   a minimum of 20 Representatives.
   The Assembly sets u p 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 organisations 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 form 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 of 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 of elected is general and directs
   elections, by secret ballot, for a term of five years.
   A person may be elected President of the Republic of Macedonia 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
   40 on the day of election.
   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

   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 of Macedonia
   makes a solemn declaration before the Assembly of his/her commitment
   to respect the Constitution and 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 occasion of
   the 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 preform
   his/her duties, the President of the Assembly deputises 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 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, defence and foreign affairs and three members appointed by
   the President of the Republic.
   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

   The President is held accountable for any violations 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, Deputy Prime Ministers and Ministers are
   guaranteed 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 organisation 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 by laws and other acts for the execution of laws;
   - lays down principles on the internal organisation 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 authorised 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

   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 initiate by a
   minimum of 20 Representatives.
   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.
   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 to 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 Ministers and other
   administrative bodies and organisations determined by law.
   Political organisation 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.


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 organisation for the judiciary.
   Emergency courts are prohibited.
   The types of courts, their spheres of competence, their
   establishment, abrogation, organisation 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 fulfils 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 is incompatible with other public
   office, profession or membership in a political party.
   Political organisation 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

   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 determined 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 years 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
     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 MACEDONIA

                        Article 108

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


                        Article 109
                        
   The Constitutional Court 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 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 programmes and status 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, statue 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 the 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 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
   organisation 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 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.
   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 agreement are concludes in the name of the Republic of
   Macedonia by the President of the Republic of Macedonia.
   International agreements may also be concludes 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 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 organisations 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.


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 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 authorised to recognise 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 authorisation 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.


VII. 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 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

   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.
   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.
   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.



AMENDMENTS TO THE CONSTITUTION OF THE REPUBLIC OF MACEDONIA

                        Amendment I

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



