Address at the International Conference marking 50 years of the Constitutional Court in the Republic of Macedonia
Friday, 19 September 2014 13:38   

prm_govor_ustavenEsteemed representatives of the judiciary in the Republic of Macedonia,
Distinguished presidents and judges of constitutional courts,
Respected ministers and members of parliament,
Excellencies,
Ladies and gentlemen,

Today, we are celebrating 50 years of the Constitutional Court of the Republic of Macedonia. Years in which we have gained rich experience and tradition of practicing constitutional judiciary. Experience that has helped us in the crucial moments of the constitutional development of the Republic of Macedonia. A development that aims at providing a fair system for the citizens.

Man has a deep need for justice and order. Aristotle thinks that justice is when everyone enjoys what he deserves. Order is, however, guaranteed by an organized state. But, as Aristotle reminds "the duration of the state depends on justice and laws". The motive of the legality is general, while the motive of the illegality is of individual benefit. Therefore, we need laws.

Different laws govern different spheres of human life. Areas which mutually intertwine, overlap, and sometimes collide. Hence is the need for the laws to be harmonized. Harmonized by the Constitution, which is a measurement unit of acceptability of laws.

Esteemed attendees,

The Constitution is an expression of the sovereign will of the citizens and is the highest document that defines us as a nation. The Constitution translates the vision of the citizens about a country they want to live, work and thrive in. A vision of a country they want to leave in legacy to their descendants.

The Constitution of the Republic of Macedonian reflects our reality. It embeds the highest values and benefits of the Macedonian model of coexistence and tradition of respect for diversity. Therefore, the Constitution of the Republic of Macedonia today guarantees human rights and freedoms and the right to human dignity.

As a framework of our order, the Constitution defines the legal boundaries between the legislative, executive and judicial power. Here emerges the question of the relationship between the constitutional judiciary and politics, which is as old as the very constitutional judiciary. Should the constitutional judiciary deal with political issues or it should reserve space for free political order. Space that is guaranteed by the Constitution for other branches of power created by the Constitution.

The Constitutional Court decides on the legal framework for action in politics. A framework in which the legislative and executive powers adjudicate and regulate the relations.

As guardian of constitutionality, this Court is a factor in the realization and implementation of the Constitution and the laws and provides a coherent and consistent legal and constitutional system.
The Constitutional Court cannot and should not be a substitute for the legislative power. Although it does not enact laws, the constitutional judiciary is still closely tied to the legislature. The possibility of independent review by the Constitutional Court increases the likelihood that the laws enacted meet the needs of the state ruled by law. Through judicious critics, the constitutional judiciary is helping the state to achieve better results, to make better laws for the sake of the citizens.

Ladies and gentlemen,

The role of the Constitutional Court, as an independent institution, with competences defined and determined exclusively by the Constitution of the Republic of Macedonia, has never been more important than it is today.

The Republic of Macedonia is constantly adjusting the national law to the law of the European Union to which we strive.

In its decisions, the Constitutional Court provides primacy and supremacy of the Constitution over the laws, and thus ensures a stable and functional democratic order.

It is said that democracy is a necessary but not a sufficient precondition for preserving the rule of law. Therefore, there is the constitutional judiciary as a protective mechanism that evaluates the contents of the key areas of human rights and freedoms and the right to human dignity.

The constitutional judiciary does not control democracy, nor is undemocratic. On the contrary. As the Constitution is an expression of the will of the constituent legislator, the control function of the Constitutional Court is based on the lawmaker's decision. Therefore, as President of the Republic of Macedonia, in constant cooperation with the citizens, I am trying to improve the culture of respect for the Constitution and the laws.

It is necessary for the trust between the citizen and the state, between the institutions of the state. A key to that trust is responsibility, because every entitlement means responsibility and anyone who makes decisions is responsible for his steps.

The purpose of the Constitution and the constitutional judiciary is exactly that - to help create a balance between the freedom of the political system, the constitutionally limited branches of power and the democratic participation of the citizens.

Hereby, I congratulate the 50-year anniversary and wish a successful and fruitful debate during the Conference on modern challenges of constitutional judiciary.

Thank you.
prm_plaketa

  Back<<Назад