Skopje, 4 July 2024 (MIA) - The Government and the Parliament have the legitimate right and constitutional mandate to address any identified weaknesses through amendments and additions to certain legal solutions, said Darko Kostadinovski, President of the Constitutional Court, regarding the announced reforms of the Judicial Council and the Council of Public Prosecutors. He underscored that "it is critically important for the legal state that all legal solutions are in accordance with the Constitution."

“The situation is widely known. The starting point is the poor perception of citizens, or the lack of trust in the judiciary system. It is completely legitimate for bodies that have constitutional authority and mandate, such as the Government and the Parliament, to regulate social relations or existing regulations, and to make amendments and additions to specific legal solutions if they identify weaknesses. This is a legitimate right and constitutional authority of these bodies,” Kostadinovski said in an interview on MRT.

Asked about his stance on the proposal to dissolve the Judicial Council and the Council of Public Prosecutors, Kostadinovski pointed out that it is not within the Constitutional Court’s jurisdiction to assess the appropriateness of their intention, but rather to determine whether it is in accordance with the Constitution.

“Our responsibility is to ensure that any regulation, should there be a need for changes and amendments in this or any other area, adheres to the Constitution. It is the primary responsibility of every citizen and institution in this country to honor the Constitution. This applies to me, to you, to the Government, and to the Parliament. It is of crucial importance for the legal state that all legal solutions are in accordance with the Constitution,” Kostadinovski said.

In his first appearance on MRT since becoming President of the Constitutional Court, Kostadinovski announced that there will be no further postponement of cases and stated that he has already requested his colleagues to start making decisions on these cases beginning in September.

"There will be no more delay in handling cases. It is true that we have cases from 2017. At the first working meeting with my colleagues, I insisted that these cases be brought up for debate and decision starting from September-October. There is no reason to avoid this; if everyone in this country is committed to the rule of law, there is no reason to evade it,” Kostadinovski said.

In relation to the Law on Obligations and the issuance of two different rulings within a six-month period, Kostadinovski noted that there is a major difference between judgments made in regular courts and those in the Constitutional Court, and that 'there is nothing problematic about the court changing its decision.'

“Nevertheless, this is a decision of the court, not a decision of an individual judge. Regular courts handle disputes, while the Constitutional Court serves a completely different function. The Constitutional Court preserves the Constitution, and by preserving the Constitution, it protects the legal system where the rule of law should prevail,” Kostadinovski said.

According to Kostadinovski, the public deserves to know who the constitutional judges are and how they deliberate and make decisions. He also announced that one of his priorities in the near future is to implement live streaming of the Constitutional Court sessions.

Photo: MIA archive