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For the first time in its history, North Macedonia as a result of COVID-19 declared a state of emergency and after that, held early parliamentary elections on 15 July 2020, as a result of the preliminary dissolution of Parliament on 16 February 2020. On 17 February, President of the Parliament Talat Xhaferi, in accordance with his constitutional authorizations according to article 67 of the Constitution of the country, announced that elections would be held on 12 April, which was then postponed to 15 July due to the situation caused by the COVID-19. Prior to this, on 11 February, at the 113th session of the Parliament, on the agenda was the Law on Ratification of the North Atlantic Treaty. Adopting this law was the last stage in the process of becoming a full NATO member. It was supported by all MPs present and adopted with a total of 114 votes. The law ratifies the protocol for joining the NATO, which was passed by the MPs before the dissolution of the Parliament. The law came into force after the Spanish Parliament passed the protocol. Subsequently, on 27 March, the Republic of North Macedonia officially became the 30th member of the NATO. On the other hand, regarding the political context of these elections, it should be noted that, the political decision to hold early parliamentary elections was made due to the fact that the EU did not set a date for opening accession negotiations with the North Macedonia. In October 2019, one day after the Council of Ministers of the European Union in Luxembourg and the Summit of the Heads of States and Governments in Brussels did not reach an agreement on opening negotiations with North Macedonia and Albania, Prime Minister Zoran Zaev announced that he would convene a leadership meeting and propose early parliamentary elections. Shortly after the EU Summit, opposition leader Hristijan Mickoski stated that it was a defeat for the government's policy that the EU had not set a date and pointed out that early parliamentary elections were the only viable solution. The leadership meeting was held on 20 October 2019 at the residence of President of the Republic Stevo Pendarovski, and it was agreed to hold early parliamentary elections on 12 April 2020, and, in accordance with the Pržino Agreement to install a new Technical Government which would take up its work on 3 January 2020. Therefore, the main purpose of this paper lies in the analysis of the constitutional and administrative legal aspects of this electoral process, especially focusing on some issues that arose in the public debate after the presentation of COVID-19 in North Macedonia, which had to do with the return of already dissolved Parliament; declaring a state of emergency; approval of decrees with legal force on electoral issues by the Technical Government on March 21 and June 15; and the constitutional review of these decrees by the Constitutional Court. Also, in this paper, the electoral system of the country will be analysed; administration of this electoral process as well as the election results; the constitution of the new parliamentary composition as well as the starting process for the formation of the new Government after these elections. [ABSTRACT FROM AUTHOR]

In this paper the author deals with the legal and practical analysis of the constitutional principle of presumption of innocence in the Republic of Macedonia. The presumption of innocence is a universally accepted human right that prohibits guilty plea to the accused. The presumption of innocence enables the accused to have an active role in the judicial process. It is the obligation of the public prosecutor to prove the guilty of the accused, not the obligation of the accused to prove his/her innocence. Only the court is the body that on the basis of fair trial can say whether the citizen is guilty or not. The obligation of the accused to prove his innocence is contrary to the spirit of a democratic order and in this case the presumption of innocence constitutes a central basis for the recognition and preservation of human dignity over the arbitrariness of the state power. The social stigma and the psychological harm suffered by a person accused in criminal proceedings made the presumption of innocence to be decisive for a society devoted to justice. Disrespecting this principle can lead to chaotic injustice. If we put things back, everyone would be guilty until proven innocence. In this paper, the author also reflects the scientific discussion on this principle that is currently being conducted in the Republic of Macedonia, because, although, at first glance, this constitutional principle can be perceived as easily applicable, but within, it includes one set of elements, the cause that, the conceptualization of this principle within the constitutional legal order, its harmonization with international legal instruments and its practical and effective observance are one of the main challenges of RM. The constitution of the country regulates this principle in the following way: 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. No person may be punished for an offence which had not been declared an offence punishable by law, or by other acts, prior to its being committed, and for which no punishment had been prescribed. No person may be tried in a court of law for an offence for which he/she has already been tried and for which a legally valid court verdict has already been brought. Therefore, here lies the importance of this paper, since, according to the application and respect of this principle, the rule of law and democracy in one state can be legitimized. [ABSTRACT FROM AUTHOR]

This paper aims to define and analyze the constitutional, legal and practical aspects of political parties through analyzing constitutional and legal norms as the main factors that determine the party system of the Republic of Macedonia. Political parties are the cornerstone of a democratic society and the modern democratic state. Without political parties, there can be no real political mobilization of citizens and articulation of the political interests and needs of the citizens, something that is expressed through the organization of the most important political institutions of one country-the Parliament and the Government. Therefore, the purpose of this paper to examine the influence of the competitive party and political offer of political parties in the development of the modern democracy of the Republic of Macedonia. The focus of this paper is the analysis of the constitutional framework of the party system of the Republic of Macedonia, which is defined by the country's constitution where political pluralism and free and democratic elections are foreseen as fundamental values of the constitutional order. Also, the constitution of the country guarantees the freedom of association, where it is determined that, citizens are guaranteed freedom of association to exercise and protect their political, economic, social, cultural and other rights and convictions. Citizens may freely establish associations of citizens and political parties join them or resign from them. The programs and activities of political parties and other associations of citizens may not be directed at the violent destruction of the constitutional order of the Republic, or at encouragement or incitement to military aggression or ethnic, racial or religious hatred or intolerance. Military or paramilitary associations which do not belong to the Armed Forces of the Republic of Macedonia are prohibited. [ABSTRACT FROM AUTHOR]

This paper aims to define and analyze the theoretical and practical legal framework of the political opposition, through analyzing constitutional norms, political culture and political dialogue as the main factors determining the state and perspectives of the political opposition in the Republic of Macedonia. Political pluralism is the opposite of monism and represents the idea of a peaceful common life of people with different interests, beliefs and lifestyles, recognizing the existing diversity of political interests and attitudes. The defining characteristic of the political opposition is that it is not in power, and that it opposes those who are. The political opposition then consists of those political parties that are represented in parliament, but not in government. The rule of law in any democratic society must ensure equal status between political parties in government and political parties that are not in government. Political opposition, manifested through political parties, is presented as a subject of study of Constitutional Law. Although the political opposition does not represent a regular constitutional category and is not subject to constitutional regulation, however, constitutions of democratic countries provide the rights guaranteed to the political opposition, or in other words, the legal mechanisms through which the opposition can replace power. In this regard, although the Constitution of the Republic of Macedonia does not explicitly mention the political opposition in the constitutional text, it still guarantees its proper juridical-constitutional position, i.e. numerous rights for its action, such as: the right to political organization, the right to initiate different procedures, the rights of information, representation and participation, speaking and voting rights, the right to table bills and motions, the rights of supervision and scrutiny of the executive, and protection against mistreatment by the majority, up to the procedure of amending the constitution. In addition to the role and impact of constitutional norms on political opposition, the aim of the research is to examine the influence of political culture in terms of constructive co-operation between power and the political opposition regarding the election and appointment of officials of the institutions, which is not based on the narrow interests of power, enabling the political opposition to chair the most important parliamentary committees to successfully carry out the power control function. However, this, on the other hand, can be seen as a loss of ideological identity of the political opposition, especially in the Republic of Macedonia, where it tends to approach the new course of Prime Minister Zaev's reformist government, factually the political opposition is leaving its voters because it does not play the role of the critical alternative of the current government. [ABSTRACT FROM AUTHOR]

In this paper the author deals with the practical analysis of the relationship between Administrative Law and Criminal Law and, on the other hand, between the Administrative Procedure and the Criminal Procedure within the legal system of the Republic of Macedonia. Although, Criminal Law and Administrative Law are fundamentally different from each other, according to the object and the manner of regulation, since Criminal Law includes legal norms that refer to criminal offense, the perpetrator, criminal liability, as well as criminal sanctions and the execution of sanctions, yet these two legal branches also include matters affecting one another, such as the misdemeanors as a special kind of administrative delinquency, where the interaction of the institutes of Administrative Law and Criminal Law is expressed in such a way that, in the context of the misdemeanor procedure, which is most often guided by the administrative bodies and which has many features of the administrative procedure, when determining the existence of a misdemeanor and the responsibility for it, some institutes of Criminal Law apply, such as: liability, mitigating and aggravating circumstances, intention, negligence, ultimate need, necessary defense, etc. Also, the author deals with the practical analysis of the interaction that exists between the Administrative Procedure and the Criminal Procedure in the RM, which also comes to terms of the misdemeanor procedure under which the Administrative procedural institutes apply, such as: the judgment is not issued, but the decision on the misdemeanor as well as the Criminal procedural institutes apply, such as: regarding the determination of misdemeanor liability. In this paper, the author also reflects the scientific discussion that is currently being conducted in the Republic of Macedonia regarding the misdemeanors whether the misdemeanor procedure is part of the Administrative procedure, the Criminal procedure or a separate procedure, whereby according to the legal provisions in force, the Misdemeanor procedure is separated from the Administrative procedure and joins the Criminal procedure when courts decides on the misdemeanors, whereas this procedure remains within the Administrative procedure when the administrative organs and bodies decides on the misdemeanors. Finally, this paper will also analyze the novelties in the legislation in the Republic of Macedonia regarding the misdemeanors, for which the state administration bodies are competent to act. In this sense, the first instance and the second instance misdemeanor procedure are analyzed, as well as the judicial protection against a decision for a misdemeanor issued by a misdemeanor body, which is provided in an administrative dispute before the Administrative Court and the Higher Administrative Court of RM. [ABSTRACT FROM AUTHOR]

The principle of separation of powers, explained more simply, means that the three basic functions (activities) of the state need to have different bodies: the one who approves the law should not judge and govern, and vice versa, thus, the one who judges must not approve the law or the one ruling should not judge. Each function must have its own particular organs, they must not all join in the hands of a man or a body. Among the fundamental values of the constitutional order of the Republic of Macedonia exhibited through the 11 basic constitutional principles in Article 8 of the Constitution of the Republic of Macedonia, as a fundamental value is also stipulated the principle of separation of powers into legislative, executive and judicial. Therefore, in this paper the author deals with the theoretical and practical constitutional framework of the principle of separation of power into legislative, executive and judicial, by analyzing the disproportion between the normative and real, in terms of improving the model of state power organization in the Republic of Macedonia, which is currently a hybrid model moving between the parliamentary, presidential and mixed model; on the other hand, it suffers from some systemic weaknesses, such as the syndrome of the rule of political parties, lack of intra-party democracy, insufficient respect toward the opposition, the relicts of the patriarchic and parochial political culture and poor level of decision-making process. [ABSTRACT FROM AUTHOR]

The Constitutional Court of the Republic of Macedonia in the process of decision making, regularly bases its decisions on the constitutional principles of separation of powers, rule of law, equality and non-discrimination, free elections and political pluralism, human rights and freedoms, freedom of the market, humanism, social justice and solidarity, as well as other principles. These principles are explicitly laid down in the Constitution of the Republic of Macedonia as the fundamental values of the constitutional order of the country. In this paper the author treats the theoretical and practical constitutional aspects of these principles which are the foundations of the Constitution because all other constitutional provisions derive from them. They are a starting point for the Constitutional Court in its constitutional-judicial review of the challenged legal provisions whose constitutionality and legality are examined by this court. This paper aims to explore and assess the various methods of constitutional interpretation of the fundamental constitutional principles by the Constitutional Court of Republic of Macedonia and its role in strengthening and practical implementation of these principles since, although the Constitution does explicitly stipulate the fundamental constitutional principles, it does not determine their content and meaning, so that it is left to the Constitutional Court through the interpretation of the constitutional provisions to establish and determine their full content and meaning. [ABSTRACT FROM AUTHOR]

According to the Constitution of the Republic of Macedonia, the Parliament 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 Parliament are regulated by the Constitution and by the Rules of Procedure. As a representative body, the Parliament decides on behalf of the citizens based on the will of the electoral body and of the trust during the time of its mandate, therefore, the Parliament is a legal sovereign, whereas the citizens are political sovereigns. However, in practice, the position of the Parliament depends on the legal framework of its powers, and the very different characteristics of the holders of other political institutions and their relations. Therefore, in this paper the author treats the theoretical and practical constitutional aspects of the position and the functions of the Parliament of RM and its relation with the Government of RM, in light of the apparent aim of executive dominance over the Parliament in the current reality of the political system of RM. In the Republic of Macedonia, as one of the countries in transition, the authority and the integrity of the Parliament is very important for the legitimacy of institutions and for democratic consolidation. Unfortunately, the Parliament of this country has been a marginalized institution because this issue mainly depends on the political will of the executive power to leave the political space to the legislature to act and the political will of the MPs to use their parliamentary rights. However, in practice, the Parliament of the Republic of Macedonia acts more like a simple voting machine on Government proposals, without real discussions and confrontation of arguments. This is because, at a considerable extent, the MP does not decide according to his own convictions, but according to the conviction of the party leader, even though according to the Constitution of the Republic of Macedonia, the MP represents the citizens and in the Parliament, he is expected to decide based on his own convictions. [ABSTRACT FROM AUTHOR]

In this paper the author analyzes the judicial protection of citizens' rights within the administrative dispute in the Republic of Macedonia. In late 2007 the Administrative Court was established as one of the holders of the judiciary in judicial system of Republic of Macedonia. As its name suggests, the Administrative Court was established as a specialized first instance court that decides in an administrative dispute lawsuit against administrative acts of an organ of state administration or organization. Before the establishment of the Administrative Court in the Republic of Macedonia, the administrative dispute was under the jurisdiction of the Supreme Court of RM. Therefore, the main objective of this paper is to answer the question if the establishment of the Administrative Court of the Republic of Macedonia has provided the required results and what is the current state of the judicial protection of citizens' rights when they are violated by the state administration. So, this paper will elaborate the general aspects of administrative dispute, the functioning of the Administrative Court in RM, and the legal conditions under which the citizens and legal persons may initiate an administrative dispute, and the way the Administrative Court decides on cases, wherein, finally, it will be highlighted the concluding observations and recommendations for further action in the field of protection of citizens' rights within the administrative dispute in the Republic of Macedonia. [ABSTRACT FROM AUTHOR]

In this paper the author treats the constitutional aspects of judicial independence in the Republic of Macedonia in the light of International and European standards, with particular emphasis on the realization of the standard for the judicial independence within the current system of state organization of the Republic of Macedonia. The paper aims to explore and assess the Constitutional and Legal aspects of the judiciary of the Republic of Macedonia, analyzing in detail its organizational and functional aspects as well as their implementation in practice. Finally, considering the fact that the degree of independence of the judiciary of one state depends on two fundamental factors, such as: firstly, how judges are protected from the impacts and pressures of the third persons, and secondly, the extent to where judges act, think and decide on their own, apart from other factors outside the facts and evidences of the case and the relevant law enforcement, this paper being referred to judicial reforms will present the legal analysis of the statistical data regarding the independence of the judiciary of the Republic of Macedonia, underlining the relevant findings regarding the situation, challenges and prospects of the judiciary of Republic of Macedonia. [ABSTRACT FROM AUTHOR]