PROTECTION OF FREEDOM AND RIGHTS OF CITIZENS BEFORE THE CONSTITUTIONAL COURT OF THE REPUBLIC OF NORTH MACEDONIA

Abstract

The paper analyzes the protection of freedoms and human rights before the Constitutional Court of theRepublic of North Macedonia. The constitutional framework of freedoms and rights whose protection is under thejurisdiction of the Constitutional Court of the Republic is contained in the provision of Article 110, line 3 of theConstitution. It is very narrow and covers the following human freedoms and rights: freedom of belief, conscience,thought and public expression of thought, political association and action and the prohibition of discriminationagainst citizens on the grounds of sex, race, religion, national, social and political affiliation. Such a narrowframework of freedoms and rights whose protection may be subject to proceedings before the Constitutional Court isnot in accordance with the provision of Article 50, paragraph 1 of the Constitution according to which “Everycitizen can invoke the protection of freedoms and rights established by the Constitution before the courts and beforethe Constitutional Court of the Republic of North Macedonia in a procedure based on the principles of priority andurgency.” This inconsistency creates confusion in the interpretation and application of the Constitution. Theconfusion has been somewhat removed by Article 51 of the Rules of Procedure of the Constitutional Court, whichaccepts the narrowed constitutional framework. But the Rules of Procedure are bylaws that must be fully based onthe constitutional provisions and derive from them.The second chapter of the paper analyzes the procedure for protection of human rights and freedoms before theConstitutional Court of the Republic. From the analysis of the work of the Constitutional Court in the procedures forprotection of human rights and freedoms, it can be concluded that the citizens do not have much trust in theConstitutional Court. In this regard, there are indications that the Constitutional Court views the work on these casesas a secondary, less important matter. Therefore, he does not pay due attention to them which is opposed to efforts toensure effective protection of human rights in a democratic world.Finally, the third chapter of the paper analyzes the need to introduce a constitutional complaint, ie a lawsuit in thelegal system of the Republic of Northern Macedonia. This chapter points out the division of the expert public in theRepublic regarding the need to introduce this legal remedy in the system of constitutional protection of human rightsand freedoms. A comparative review of this issue is then given by listing the countries in which this remedy hasbeen introduced. After the comparative review, the position of the author regarding the introduction of this legalremedy in the Macedonian legal system is presented. According to the author, the introduction of a constitutionalcomplaint or lawsuit will be a particularly major reform in the protection of human rights in the Republic of NorthMacedonia. Its introduction will significantly contribute to the improvement of the responsibility in the work and thequality of the decisions made by the judges in the regular courts and the officials in the state administration bodies.They, knowing that their decision may finally go to review in the Constitutional Court, will undoubtedly work moreresponsibly and with better quality in conducting proceedings and making decisions.