Acta Universitatis Danubius. Juridica, Vol 9, No 3 (2013)

Constitutional Judiciary in the Republic of Macedonia under the shadow of its Fiftieth Anniversary-Situation and Prospects

Jeton Shasivari

Abstract


In this paper, the author analyzes the position, prospects and challenges of the Constitutional Court of the Republic of Macedonia, in light of the fiftieth anniversary of the existence of this institution which in the socialist past suffered from complete marginalization, and people’s conscience of its significance is yet to be built. This article aims to explain and assess the constitutional concept of the Constitutional Court of this country as a public authority which consists of the organizational and functional aspects. The organizational aspect involves the composition of the Constitutional Court, the election of the judges and their legal position. The functional aspect involves the issue of jurisdiction of the Constitutional Court, the legal procedure for carrying out such responsibilities and the legal effect of its decisions. Finally, the paper refers to the functioning of the Constitutional Court in the period 2008-2012, analyzing statistical data on the structure of the Court's decisions by various parameters, by highlighting the relevant findings on its situation and prospects.


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Full Text: 48-65

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