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Dr. Cvetan Cvetkovski, Ass. Professor,
Faculty of Law, Skopje, Republic of Macedonia
CONSTITUTIONAL HISTORY
OF THE REPUBLIC OF MACEDONIA
Introduction
The creation of the modern Republic of Macedonia is a result of the struggle of Macedonian people for national independence and statehood throughout centuries. The contemporary Macedonian state, created in the course of the Second World War, was an ultimate result of a continuing historical process of national awakening and maturation of the people's awareness and of a long-lasting struggle for their own state and national freedom carried on under exceptionally difficult and complex historical circumstances.
[....]
The Constitution of SRM of 1974 was a result of several factors: first, the development of the concept of federalism and the position of republics and autonomous provinces and the extension of their sphere of authority and their direct participation in the running of federal organs; second, further implementation of the equality of nations and nationalities; and third, the system of production which was meant to enabled the working class to have a dominant position in society.
The essence of the innovation of the position and functions of the Republic as a state is expressed by the following elements: first, a significant reduction in the functions of the federation, and consequent extension in the functions and legislative jurisdiction of the republics; second, the transfer of a number of issues, as well as whole areas of relations, from the legislative function of the federation to the exclusive authority of the republics; and third, the establishment of the direct (through their assemblies) and indirect (through their representatives in the Assembly of SFRY) participation of the republics in the passing of federal statutes.
The Constitution of SRM of 1974 established the sovereignty of working people and the Macedonian nation and nationalities within the Republic. It confirmed the fact that the federation was not a super-national structure or and enforced state, but it was made up of nations and their republics and autonomous provinces.
One of the historical function of the Constitution of 1974 was to involve the self-management in all spheres of economic and political life in society. In fact, the self-management should have compensated the lack of political pluralism. The system based on the presence of the self-management in all the areas of economic and political life has, for a long period of time - until the end of 1980's, created and maintained the illusion that the processes of democratization could be developed and completed even without political pluralism.
Those changes also introduced qualitative innovations into the legal system of Yugoslavia, because, by affirming the republics, and to a certain extent the autonomous provinces, as constituent elements of the federation, they created objective conditions for the visible existence of two parallel and independent legal systems - that of the federation and those of the republics. The Constitution provided for various mechanism for ensuring the coordination between two different kinds of legal systems, but in practice they were more and more separated, which prepared the grounds for the dissolution of the federation in the beginning of 1990's.
In circumstances of turbulent relationships within the Yugoslav federalism and political system, in September 1990 great constitutional changes took place. For the first time the freedom of political associations was guaranteed and besides citizen, political parties were enabled to nominate candidates for representatives in the parliament. with those amendments the organization of the Republic was also changed. A one-chamber Parliament was introduced; the Presidency of the Republic, as a collective head of the state was abolished and instead it, the president of the Republic was introduced; the Executive Council was replaced by the Government, and the Secretariats were replaced by the ministries. In the political system the elements of parliamentary system were introduced and emphasized.
3. Constitutional development of the Republic of Macedonia as a sovereign and independent state
At the end of 1980's and the beginning of 1990's, in a time of intensified economic, political, inter-ethnic and institutional crisis, more and more a dissatisfaction with the position of the republics within the Yugoslav federation were manifested. In such circumstances Macedonia found itself in opposition to a return to centralized federalism and in support to the ideas of looking for a new kind of relationships between states - members of the federation. Macedonia was on the position to support the ideas of the transformation of the federation into a community of sovereign states, which by mutual agreement would decide what are the common interests to be pursued together.
On the basis of the Declaration on the sovereignty, the Assembly in august 1991 decided to issue a notice of a referendum on the future position of the Macedonian state. On the basis of the inalienable and inviolable right to self-determination, including the right to separation from the federation as a common state, the citizens of the Republic of Macedonia, in the referendum of September 8th, 1991, freely manifested their will to live in a sovereign and independent state. About 76% of citizens with the right to vote voted in the referendum. Among them 95% (or 72% of the total number of citizens with the right to vote) voted for constituting the Republic of Macedonia as a sovereign and independent state.
The Declaration also proclaimed the basic principles of the policy of the Macedonian state in international relations, and especially towards neighboring countries. Among them the most important are the following: first, the respect for the generally accepted principles on international relations; second, the development of good relations and cooperation with all neighboring countries, as well as cooperation with all European and other countries in the world; incorporation in the processes of European integration and in the other form of regional cooperation; third, the respect for the principle of inviolability of the borders and non-having territorial aspirations against any neighboring country; and fourth, the policy founded on international norms on the recognition and respect for the fundamental human rights and freedoms, including rights and freedoms of Macedonians living as national minorities in the neighboring countries.
At the end of the year (December 19th, 1991) the Assembly adopted the Declaration on international recognition of the Republic of Macedonia as a sovereign and independent country. Based on the fact that Macedonia had already been established as a sovereign and independent state, along with the fact that SFRY as a federation had been dissolute and did not existed any longer, the Assembly of the Republic of Macedonia, by the Constitutional Act of January 22nd, 1992, determined that the Republic of Macedonia should not participate any longer in the federal organs and decided to interrupt the term of offices of all members in those organs delegated from Macedonia. At the end of February 1991, an agreement with the Yugoslav Army was reached, according to which the Yugoslav Army left the territory of the Republic of Macedonia by March 27th, 1992. On April 8th, 1993 Macedonia became a member of the OUN, and later a member of numerous international organizations.
The Amendment III to the Constitution was promulgated in 1998, under a strong pressure of the judiciary against the constitutional limitation of the maximum period of duration of the detention of 90 days. According to the criminal courts, that was an unrealistically high standard for protection of the person's freedom in cases of serious crimes. The results of the implementation of such a standard, which was unique in the contemporary constitutionalism, was that a great number of criminals having had committed the most serious crimes, due to the expiry of the maximum period of detention prescribed by the Constitution, were released from custody in order to defend themselves and they have never appeared before the courts. Because of that, the Constitution was amended for the third time in 7 years, in a way that the maximum duration of the detention was extended to 180 days after the accusation.
Conclusion
The contemporary Macedonian state which has existed for fifty five years [this work would thus be dated to 1999] is a historical reality which it is impossible to objectively negate. It is a creation of Macedonian people themselves, which, despite the negations of their national identity, created it trough their own struggle. The creation of the Macedonian state in the course of the People's Liberation and Anti-fascist War, the decisions of the First Session of ASNOM, the existence of the Republic of Macedonia as a member-state in the Yugoslav federation and its transformation into a sovereign and independent state as the highest achievement in the process of the realization of the national ideals has proved that Macedonia is not a temporary phenomenon, nor is it a creation of individuals or political forces outside Macedonia and the Macedonian people. It is a creation of its own national and political thought, of the programs of national liberation movement of the Macedonian people and their liberation struggle from the first instances of their awakening to the present time.
Sources and bibliography:
ASNOM - Dokumenti, tom I, kniga I, Izd. "Arhiv na Makedonija, Skopje, 1984
ASNOM - Documents, Vol. I, Book I, Achives of Macedonia, Skopje, 1984
ASNOM - Dokumenti, tom I, kniga III, Izd. "Arhiv na Makedonija, Skopje, 1987
ASNOM - Documents, Vol. I, Book III, Archives of Macedonia, Skopje, 1987
Ustav na Narodna Republika Makedonija od 1946
Constitution of the People's Republic of Macedonia of 1946
Ustav na Socijalisti~ka Republika Makedonija od 1963
Constitution of the Socialist Republic of Macedonia of 1963
Ustav na Socijalisti~ka Republika Makedonija od 1974
Constitution of the Socialist Republic of Macedonia of 1974
Ustav na Republika Makedonija od 1991
Constitution of the Republic of Macedonia of 1991
Deklaracija za Suverenost na Socijalisti~ka Republika Makedonija, Sobranie na SRM, Skopje, 25 januari 1991
Declaration on Sovereignty of the Socialist Republic of Macedonia, Assembly of SRM, Skjopje, January 25, 1991
Odluka za samostojnost na Republika Makedonija, Sobranie na Republika Makedonija, 17 septemvri 1991
Declaration on Independence of the Republic of Macedonia, Assembly of the Republic of Macedonia, September 17th, 1991
Deklaracija za megunarodno priznavawe na Republika Makedonija, Sobranie na Republika Makedonija, Skopje, 19 dekemvri 1991
Declaration on International Recognition of the Republic of Macedonia, Assembly of the Republic of Macedonia, Skopje, December 19th, 1991
ASNOM - Pedeset godini Makedonska dr`ava 1944-1994, Makedonska akademija na naukite i umetnostite, Institut za nacionalna istorija, Skopje, 1995
ASNOM - Fifty Years of the Macedonian State 1944-1994, Macedonian Academy of Science and Arts, Institut of National History, Skopje, 1995
Pet godini od Ustavot na Republika Makedonija, Zdru`enie za ustavno pravo na Makedonija, Skopje, 1998
Five Years of the Constitution of the Republic of Macedonia, Constitutional Law Association of Macedonia, Skopje, 1998
Evgeni Dimitrov, ASNOM i integritetot na Makedonskiot narod, Zbornik na trudovi ASNOM vo sozdavaweto na dr`avata na Makedonskiot narod, MANU, Skopje 1987, str. 179-197
Evgeni Dimitrov, ASNOM and the Integrity of the Macedonial People, Compilation of works ASNOM in the Creation of the State of the Macedonian People, MANU, Skopje, 1987, pp. 179-197
Aleksandar Hristov, Sozdavawe na Makedonskata dr`ava 1893-1945, Izd. "Misla", Skopje, 1971
Aleksandar Hristov, Creation of the Macedonian State 1893-1945, Misla, Skopje, 1971
Svetomir [karik, Ustavno pravo, Kniga I, Union Trejd, Skopje, 1994
Svetomir Skaric, Constitutional Law, Book I, Union Trade, Skopje, 1994
Svetomir [karik, Ustavno pravo, Kniga II, Union Trejd, Skopje, 1995
Svetomir Skaric, Constitutional Law, Book II, Union Trade, Skopje, 1995
Svetomir [karik, Suverenitetot vo ustavnite dokumenti na Makedonija, Zbornik na Trudovi vo ~est na Aleksandar Hristov, Praven Fakultet, Skopje, 1996, str. 363-378
Svetomir Skaric, Sovereignty in the Constitutional Documents on Macedonia, Compilation of works in the honor of Aleksandar Hristov, Faculty of Law, Skopje, 1996, pp. 363-378
Georgi Tzatza, The Constitutional Development of the S.R. of Macedonia, Macedonian Review Editions, 1980
Novica Veljanovski, Dr`avnopravniot razvoj na Makedonija, Izd. Institut za nacionalna istorija, Skopje, 1992
Novica Veljanovski, Legal-state Development of Macedonia, Institut of National History, Skopje, 1992
cecl.gr
For fair use only.
Faculty of Law, Skopje, Republic of Macedonia
CONSTITUTIONAL HISTORY
OF THE REPUBLIC OF MACEDONIA
Introduction
The creation of the modern Republic of Macedonia is a result of the struggle of Macedonian people for national independence and statehood throughout centuries. The contemporary Macedonian state, created in the course of the Second World War, was an ultimate result of a continuing historical process of national awakening and maturation of the people's awareness and of a long-lasting struggle for their own state and national freedom carried on under exceptionally difficult and complex historical circumstances.
[....]
The Constitution of SRM of 1974 was a result of several factors: first, the development of the concept of federalism and the position of republics and autonomous provinces and the extension of their sphere of authority and their direct participation in the running of federal organs; second, further implementation of the equality of nations and nationalities; and third, the system of production which was meant to enabled the working class to have a dominant position in society.
The essence of the innovation of the position and functions of the Republic as a state is expressed by the following elements: first, a significant reduction in the functions of the federation, and consequent extension in the functions and legislative jurisdiction of the republics; second, the transfer of a number of issues, as well as whole areas of relations, from the legislative function of the federation to the exclusive authority of the republics; and third, the establishment of the direct (through their assemblies) and indirect (through their representatives in the Assembly of SFRY) participation of the republics in the passing of federal statutes.
The Constitution of SRM of 1974 established the sovereignty of working people and the Macedonian nation and nationalities within the Republic. It confirmed the fact that the federation was not a super-national structure or and enforced state, but it was made up of nations and their republics and autonomous provinces.
One of the historical function of the Constitution of 1974 was to involve the self-management in all spheres of economic and political life in society. In fact, the self-management should have compensated the lack of political pluralism. The system based on the presence of the self-management in all the areas of economic and political life has, for a long period of time - until the end of 1980's, created and maintained the illusion that the processes of democratization could be developed and completed even without political pluralism.
Those changes also introduced qualitative innovations into the legal system of Yugoslavia, because, by affirming the republics, and to a certain extent the autonomous provinces, as constituent elements of the federation, they created objective conditions for the visible existence of two parallel and independent legal systems - that of the federation and those of the republics. The Constitution provided for various mechanism for ensuring the coordination between two different kinds of legal systems, but in practice they were more and more separated, which prepared the grounds for the dissolution of the federation in the beginning of 1990's.
With the Constitutional Amendments from April 1989 and September 1990, among other changes in economic relations and in the political system, significant improvement in the position of the Republic were made. It was for the first time in the common constitutional history in the framework of SFRY a republican constitution to be amended before the federal one. These constitutional amendments for the first time regulated the manner and the procedure of using the right to self-determination, including the separation from the federation. In the process of dissolution of Yugoslavia, those amendments were used as a legal and constitutional basis for this new self-determination of the Macedonian people.
The constitutional history of Macedonia as a member of Yugoslav federation shows that its capacity of a state, similar to other republics, has never been questioned. On the contrary, that capacity was permanently increasing, especially after the constitutional amendments of 1971 and the Constitution of 1974 and which had a logical result, along with other republics, in the achieving the status of independent state since 1991.
At the end of 1980's and the beginning of 1990's, in a time of intensified economic, political, inter-ethnic and institutional crisis, more and more a dissatisfaction with the position of the republics within the Yugoslav federation were manifested. In such circumstances Macedonia found itself in opposition to a return to centralized federalism and in support to the ideas of looking for a new kind of relationships between states - members of the federation. Macedonia was on the position to support the ideas of the transformation of the federation into a community of sovereign states, which by mutual agreement would decide what are the common interests to be pursued together.
On November 11th, 1990, for the first time in the history of contemporary Macedonian state, the first free and direct multi-party elections for representatives in the parliament were held.
When the process of dissolution of Yugoslavia appeared to be inevitable, the newly-constituted Assembly in January 1991 adopted the Declaration on the sovereignty of the Socialist Republic of Macedonia. The declaration is both political and constitutional act. In its preamble, as one of the its legal basis the Article 1 of the International Covenant on Political and Civil Rights of 1966, which guarantees the right of all nations to self-determination i.e. the right to determine freely its political status and its social, cultural and economic development, was directed as one of the legal bases for the Declaration. In such a way, the political decision of the Assembly of the Republic of Macedonia was provided with an international legitimacy.
Due to the fact that the referendum has a consultative and not a compulsory character, on September 17th, 1991 the Assembly passed the Declaration on affirmation of the results of the referendum. Actually it was the decision that, on the basis of affirmation of the will of a great majority of citizens Republic of Macedonia expressed in the referendum, formally constituted the Republic of Macedonia as a sovereign and independent state.
Two months later, on November 17th, 1991, the Assembly adopted the first Constitution of the Republic of Macedonia as a sovereign and independent state. By adopting the new constitution, the process of getting a status of independent state has been brought to its end.
The Constitution of the Republic of Macedonia of 1991 not so long after its adoption was amended. The Amendment I and the Amendment II to the Constitution were promulgated on January 6th, 1992, as addendum and as a replacement to Article 3 and Article 49 of the Constitution. The Amendment I declares that the Republic of Macedonia has no territorial pretensions towards any neighboring state and that 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 as in accordance with generally accepted international norms. The Amendment II declares that in the exercise of this concern the Republic of Macedonia will not interfere in the sovereign rights of other states or in their internal affairs.
Those principles, as provided for in Article 3 and Article 49 and as amended by Amendment I and Amendment II, were later applied in the Interim Accord Between the Republic of Macedonia and the Republic of Greece, signed on September 13th, 1995, as well in the Joint Declaration Between the Prime-minister of the Republic of Macedonia and the Prime-minister of the Republic of Bulgaria, signed on February 22nd, 1999. According to Article 6 of the Interim Accord and Item 11 of the Declaration, the Republic of Macedonia declared that nothing in its Constitution can or should be interpreted as constituting the basis of any claim to any territory not within its existing borders, nor the basis for interference in the internal affairs of another state in order to protect the status and rights of any persons in other states who are not citizens of the Republic of Macedonia.
Those principles, as provided for in Article 3 and Article 49 and as amended by Amendment I and Amendment II, were later applied in the Interim Accord Between the Republic of Macedonia and the Republic of Greece, signed on September 13th, 1995, as well in the Joint Declaration Between the Prime-minister of the Republic of Macedonia and the Prime-minister of the Republic of Bulgaria, signed on February 22nd, 1999. According to Article 6 of the Interim Accord and Item 11 of the Declaration, the Republic of Macedonia declared that nothing in its Constitution can or should be interpreted as constituting the basis of any claim to any territory not within its existing borders, nor the basis for interference in the internal affairs of another state in order to protect the status and rights of any persons in other states who are not citizens of the Republic of Macedonia.
Conclusion
The contemporary Macedonian state which has existed for fifty five years [this work would thus be dated to 1999] is a historical reality which it is impossible to objectively negate. It is a creation of Macedonian people themselves, which, despite the negations of their national identity, created it trough their own struggle. The creation of the Macedonian state in the course of the People's Liberation and Anti-fascist War, the decisions of the First Session of ASNOM, the existence of the Republic of Macedonia as a member-state in the Yugoslav federation and its transformation into a sovereign and independent state as the highest achievement in the process of the realization of the national ideals has proved that Macedonia is not a temporary phenomenon, nor is it a creation of individuals or political forces outside Macedonia and the Macedonian people. It is a creation of its own national and political thought, of the programs of national liberation movement of the Macedonian people and their liberation struggle from the first instances of their awakening to the present time.
Sources and bibliography:
ASNOM - Dokumenti, tom I, kniga I, Izd. "Arhiv na Makedonija, Skopje, 1984
ASNOM - Documents, Vol. I, Book I, Achives of Macedonia, Skopje, 1984
ASNOM - Dokumenti, tom I, kniga III, Izd. "Arhiv na Makedonija, Skopje, 1987
ASNOM - Documents, Vol. I, Book III, Archives of Macedonia, Skopje, 1987
Ustav na Narodna Republika Makedonija od 1946
Constitution of the People's Republic of Macedonia of 1946
Ustav na Socijalisti~ka Republika Makedonija od 1963
Constitution of the Socialist Republic of Macedonia of 1963
Ustav na Socijalisti~ka Republika Makedonija od 1974
Constitution of the Socialist Republic of Macedonia of 1974
Ustav na Republika Makedonija od 1991
Constitution of the Republic of Macedonia of 1991
Deklaracija za Suverenost na Socijalisti~ka Republika Makedonija, Sobranie na SRM, Skopje, 25 januari 1991
Declaration on Sovereignty of the Socialist Republic of Macedonia, Assembly of SRM, Skjopje, January 25, 1991
Odluka za samostojnost na Republika Makedonija, Sobranie na Republika Makedonija, 17 septemvri 1991
Declaration on Independence of the Republic of Macedonia, Assembly of the Republic of Macedonia, September 17th, 1991
Deklaracija za megunarodno priznavawe na Republika Makedonija, Sobranie na Republika Makedonija, Skopje, 19 dekemvri 1991
Declaration on International Recognition of the Republic of Macedonia, Assembly of the Republic of Macedonia, Skopje, December 19th, 1991
ASNOM - Pedeset godini Makedonska dr`ava 1944-1994, Makedonska akademija na naukite i umetnostite, Institut za nacionalna istorija, Skopje, 1995
ASNOM - Fifty Years of the Macedonian State 1944-1994, Macedonian Academy of Science and Arts, Institut of National History, Skopje, 1995
Pet godini od Ustavot na Republika Makedonija, Zdru`enie za ustavno pravo na Makedonija, Skopje, 1998
Five Years of the Constitution of the Republic of Macedonia, Constitutional Law Association of Macedonia, Skopje, 1998
Evgeni Dimitrov, ASNOM i integritetot na Makedonskiot narod, Zbornik na trudovi ASNOM vo sozdavaweto na dr`avata na Makedonskiot narod, MANU, Skopje 1987, str. 179-197
Evgeni Dimitrov, ASNOM and the Integrity of the Macedonial People, Compilation of works ASNOM in the Creation of the State of the Macedonian People, MANU, Skopje, 1987, pp. 179-197
Aleksandar Hristov, Sozdavawe na Makedonskata dr`ava 1893-1945, Izd. "Misla", Skopje, 1971
Aleksandar Hristov, Creation of the Macedonian State 1893-1945, Misla, Skopje, 1971
Svetomir [karik, Ustavno pravo, Kniga I, Union Trejd, Skopje, 1994
Svetomir Skaric, Constitutional Law, Book I, Union Trade, Skopje, 1994
Svetomir [karik, Ustavno pravo, Kniga II, Union Trejd, Skopje, 1995
Svetomir Skaric, Constitutional Law, Book II, Union Trade, Skopje, 1995
Svetomir [karik, Suverenitetot vo ustavnite dokumenti na Makedonija, Zbornik na Trudovi vo ~est na Aleksandar Hristov, Praven Fakultet, Skopje, 1996, str. 363-378
Svetomir Skaric, Sovereignty in the Constitutional Documents on Macedonia, Compilation of works in the honor of Aleksandar Hristov, Faculty of Law, Skopje, 1996, pp. 363-378
Georgi Tzatza, The Constitutional Development of the S.R. of Macedonia, Macedonian Review Editions, 1980
Novica Veljanovski, Dr`avnopravniot razvoj na Makedonija, Izd. Institut za nacionalna istorija, Skopje, 1992
Novica Veljanovski, Legal-state Development of Macedonia, Institut of National History, Skopje, 1992
cecl.gr
For fair use only.
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