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, 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 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 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 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.
