Fundamental Values

"The Republic of Macedonia is a sovereign, independent, democratic and social state." This sentence, being the initial sentence of the Constitution of the Republic of Macedonia, adopted on November 17, 1991, accurately defines the character of the state, from which its system of government derives.

The fundamental values of the constitutional order of the Republic of Macedonia are the following: the basic freedoms and rights of the individual and the citizen, recognized in international law; the free expression of national identity; the rule of law; the division of the state powers into legislative, executive and judicial; political pluralism and free, direct and democratic elections; the legal protection of property; the freedom of the market and entrepreteurship; humanism, social justice and solidarity; local self-government; proper urban and rural planning to promote a congenial human environment, and respect for the generally accepted standards of international law. Anything that is not prohibited by the Constitution or by law is permitted in the Republic of Macedonia.

The Constitution protects the inviolability of ownership of property and the right of inheritance, with the explicit provision that "no person may be deprived of his/her property or the rights deriving from it" (Article 30). The freedom of the market is constitutionally guaranteed (Articles 8 and 55). Foreign citizens may also acquire the right to ownership of property in the Republic of Macedonia under conditions stipulated by law.

"Foreign investors are guaranteed the right to the free transfer of invested capital and profits" (Article 59).

The Constitution of the Republic of Macedonia guarantees the freedoms and rights of the individual and the citizen: "Citizens of the Republic of Macedonia are equal in their freedoms and rights, regardless of sex, race, color of skin, national and social origin, political and religious beliefs, property and social status" (Article 9). Human freedom is inviolable. 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. Citizens have the right to assemble peacefully and to express public protest without prior announcement or a special licence.

Every citizen on reaching 18 years of age acquires the right to vote. The right to vote is equal, universal and direct, and is exercised at free elections by secret ballot. The freedom of scholarly, artistic and other forms of creative work is guaranteed.

The Macedonian language, written using its Cyrillic alphabet, is the official language in the Republic of Macedonia. In the units of local self-government where the majority or a considerable number of the inhabitants belong to a nationality, in addition to the Macedonian language and its Cyrillic alphabet, their language and alphabet are also in official use, in a manner stipulated by law.

The capital of the Republic of Macedonia is Skopje.

The basic principles of the foreign policy of the Republic of Macedonia are the promotion of peace and the solution of problems through friendly discussion, non-interference in the internal affairs of other countries and respect for their integrity, territorial sovereignty and independence.

Macedonian foreign policy is governed by three basic priorities.

The first is the development of friendly relations with all the neighboring countries, without establishing any special relations with any one of them. This principle, which has come to be known as the "policy of equidistance", resulted from the understanding that Macedonia can exist as a stable European country so long as it maintains a steady and positive will for cooperation with all its neighbors and all the Balkan countries, without giving a priority to any one country (a positive equidistance); a firm orientation towards its integration into all European institutions and full membership in NATO. This option will be easier to realize if there is a strong European orientation on the whole Balkan territory. In the event of problems arising, they should be resolved through dialogue. This refers particularly to the problems of the ethnic minorities in the Balkan countries. Macedonian foreign policy, however, is firmly oriented against regional political alignment. The history of the Balkan nations has taught us that such political contacts have always incited animosity and ended in conflict.

The second priority is admission of the Republic of Macedonia to the EU. This orientation was decided by national consensus, despite the understanding of its being a slow process. The citizens of Macedonia consider themselves as Europeans and regard their integration into the European community as a natural process. Furthermore, Macedonia believes that all Balkan nations should have a European orientation, which would have a relaxing effect on the ethnic tensions in the area. Each country should, naturally, determine its own approach to this aim, and the rate of achievement should depend on how successful each country is in its fulfillment of the requirements of European standards and their implementation.

The third priority is Macedonian affiliation to the NATO system of collective security. Macedonian membership of the program of Partnership for Peace, which has already been accomplished, is a confirmation of this orientation. Macedonia is prepared to meet all the obligations dictated by this form of cooperation in the spheres of defense. This priority received the consensus of all political parties (both those in power and the opposition) and the citizens (according to the results of many surveys of public opinion). The Republic of Macedonia considers the military and political structure of NATO to be the best possible guarantee of peace in Europe, of the independence of European countries and of the promotion of democracy.

The domestic policy is oriented towards radical reforms in the economic and political life of the country, the ultimate aim being a market economy and stable parliamentary democracy. The new economic system guarantees the domination of private ownership and a clear distinction between the private and public sectors. The public sector is present only in spheres where it is absolutely necessary, with a tendency towards some services being transferred to the private sector. The monetary policy remains firm. Stimulation is provided for small and medium size firms. Profit is the main incentive for business; social matters, however, remain a responsibility of the state.

On the whole, the reforms in the political system have already been completed. The state administration has been depoliticized and the army placed under civil control. The army is still in a stage of transformation and adaptation to NATO standards.

The judiciary has been established as an independent third power ñ a necessary prerequisite for the country to function as a legal state.

Education has been freed from all ideologies, particularly in the field of the humanities. Economics and law schools have introduced courses that follow the trends in the economy and law of the western democracies.

There are many independent television and radio stations in the Republic of Macedonia. The government has taken legal measures and procured budgetary funds to stimulate this process. Special provisions have been made to finance five national newspapers and some programs on the national television network in the languages of the minorities.

The Republic of Macedonia fosters the spirit of inter-ethnic tolerance, which has a long tradition in the country. Promoted further by the Constitution, this spirit has augmented the belief of the citizens that without democracy there can be no progress. All questions are discussed openly and with confidence within the framework of the institutions of the system and in strict compliance with accepted procedures.

The leadership of Macedonia has established the policy of inviting international monitors to participate in the resolution of inter-ethnic problems. This has resulted in the verification of the constitutional and legal acts on this matter, and standardization of the minority demands within the framework of European standards for minority rights.

The awareness has prevailed in Macedonia that in order to create an economically viable country with a high standard of living, it is above all necessary to put into practice the international democratic norms that are firmly asserted in the Macedonian Constitution and laws. The aspirations to have the democratic ambiance become an integral part of the everyday life of the Macedonian citizens is evident, and this has become our national pride.

In the sphere of the economy, Macedonia had certain advantages that enabled the country to pass through the period of transition much easier than other Eastern European countries. It is a known fact that as a former Yugoslav republic, there was a difference between the political systems of Macedonia and the communist eastern European countries. Macedonia was ready for transition, because in around 40 years, it had adopted many elements of a market economy, where profit was a main interest and private ownership was not a taboo. For example, for over four decades, more than 80% of the arable land was in private hands. Small factories, workshops, services, and restaurant facilities also had been privately owned for quite some time. Even the most major enterprises, although socially owned, operated under the logic of profit.

This is why, immediately after the establishing of the new multi-party political system in Macedonia and following the passing of the new, more liberal economic laws, there was a boom of new small business being established. In the course of just one year, in a country of about two million, over 50 000 private businesses were formed, most often with just a few employees and most often in the area of trade. The private initiative has taken effect and a large number of companies seeking profit are now opening their own production capacities as well.

Presently implemented in Macedonia is the law on privatization, by which a large number of important state-owned enterprises have become fully privatized. From the passing of the Law to the present, about 800 big, medium and small enterprises have been privatized. As expected, such growth of private initiative has caused a burst of investment activities as well. The investments of the state are aimed at constructing modern roads, infrastructure facilities, airports, artificial lakes, hydro-electric plants, railway connections with neighboring Bulgaria, while private capital and joint ventures with foreign partners are mainly oriented towards constructing production capacities or joint trade ventures.

The new roads are facilitating faster communication between East and West, i.e. between Turkey-Bulgaria-Macedonia-Albania-Italy. Furthermore, the end of the war in Bosnia and Herzegovina has reopened and revived the north-south communications, i.e. Yugoslavia-Macedonia-Greece, which is in effect the closest route to Western Europe.

The advantage of the Macedonian economy is that the exchange rate of the domestic currency for hard currency is stable. Inflation is small and is measured with one-digit figures - 7% to 8% annually; labor is not costly and moreover, the state stimulates foreign and provides investment benefits.

From a geographic point of view, Macedonia is the ideal place on the Balkan Peninsula for opening industrial capacities, for branch offices and consignation facilities that would gravitate towards a market of 30 to 40 million consumers. More precisely, the capital of Macedonia, Skopje, is less then an hour away by road and rail from Serbia, Albania and Bulgaria. Neighboring Greece is also less than two hours drive away.

Macedonia has developed relations with the International Monetary Fund and the International Bank for Reconstruction and Development and is very regular in meeting all of the obligations that it has towards these two institutions.

On April 26, 1992, Macedonia became monetarily independent: in place of the Yugoslav dinar which was in circulation up to that point the Macedonian national currency, the denar (MKD), was introduced.

A tax system similar to those existing in developed countries with market economies is in process of adoption in the Republic of Macedonia. It is of particular importance to restrict expansion in the public sector, and also to achieve a higher degree of efficiency and simplicity in fiscal measures. A policy has been adopted that the macroeconomic framework of public spending should not exceed 35% of the social product.

Requirements for the country's defense will amount to a maximum of 3% of the national income.

Attempts are being made to achieve balanced financing by budget spending, that is, to prevent monetary financing of the state and to lower the fiscal pressure on inflation.

The President of the Republic represents the Republic of Macedonia at home and abroad. He is the Commander-in-Chief of the Armed Forces of the Republic of Macedonia and President of its Security Council.

The President of the Republic is elected at general and direct elections, by secret ballot, for a term of five years. A person may be elected President of the Republic twice at most. The President of the Republic must be a citizen of the Republic of Macedonia and be over the age of 40 on the day of election. A Presidential candidate can be nominated by a minimum of 10 000 voters or at least 30 representatives, and can be elected President if he/she wins the majority of votes (a minimum of 50% + 1) of the total number of voters.

The President of the Republic exercises his rights and duties on the basis and within the framework of the Constitution and laws. He negotiates international agreements on behalf of the Republic of Macedonia. He appoints and recalls by ordinance Macedonian ambassadors and envoys and receives letters of credence and letters of recall from foreign diplomatic representatives accredited to him. The President gives the mandate to form a government to the candidate nominated. He appoints three members to the Security Council, proposes the members for the Council of Inter-Ethnic Relations, two judges for the Constitutional Court and two members for the Republican Judicial Council and performs other duties defined by the Constitution.

The post of the President of the Republic of Macedonia is incompatible with other public functions, profession or post in a political party. He enjoys immunity, has the right of veto and is obliged once a year to inform the Parliament about his activities.

The President has extraordinary powers in a state of war and emergency. Should the Parliament not be able to sit, the President is the one who declares a state of war and appoints or dismisses the government or individual officials.

Executive power is vested in the Government of the Republic of Macedonia. The Government is elected upon the proposal of the mandator who, proposing the composition of the Government, also proposes a program of its work. The Government is elected by the Assembly.

The Government determines the policy of carrying out the laws and other regulations of the Assembly and is responsible for their execution. It proposes laws, the Republic's budget and other general acts adopted by the Assembly, and also adopts bylaws and other acts for the execution of laws. In accordance with the Constitution, the Government decides on the recognition of states and governments, as well as on the establishment of diplomatic and consular relations with other states.

Political organization and activity within the bodies of the state administration is prohibited. There is also a provision that the bodies of state administration in the areas of defense and the police must be headed by civilians.

In addition to the specific Ministries and Ministers without Portfolio, there are a number of independent agencies and institutions performing special functions.

The citizens of Macedonia are guaranteed the right of local self-government. Local self-government is exercised through the municipalities, which are financed from their own sources as well as by funds from the Republic. In the units of local self-government, citizens participate in decision-making on issues of local relevance directly and through representatives, particularly in the fields of urban planning, communal activities, culture, sport, social security and child care, preschool education, primary education and basic health care.

The Assembly of the Republic of Macedonia is a representative body of the citizens and the legislative power of the Republic is vested in it. It is unicameral and made up by 120 members of parliament. The members of parliament are elected at general, direct and free elections by secret vote. The Law on Election of Members of Parliament stipulates the number of the members of parliament - 120. The term of the members of parliament is four years and they cannot be revoked.

The first multi - party elections of representatives to the Assembly of the Republic of Macedonia were held between November 11 and December 23, 1990. Seventeen political parties and 43 independent candidates took part. From the total number of 1,157 candidates, 120 representatives were elected to the Republic's Assembly. The first multi - party Assembly of Macedonia was officially constituted on January 8,1991. The Assembly works in sessions open to the public.

The Constitution of the Republic of Macedonia and the Rules of Procedure of the Assembly stipulate the organization and functions of the Assembly. The Assembly of the Republic of Macedonia:

• adopts and alters the Constitution of the Republic of Macedonia;
• adopts laws and gives authentic interpretations of laws;
• determines the public procurements;
• adopts the Republic budget and the budget annual accounts;
• adopts the spatial plan of the Republic;
• ratifies international agreements;
• decides on war and peace;
• makes decisions concerning any changes of borders in the Republic;
• makes decisions on acceding to or resigning from a union or community with other states;
• issues a notice for a referendum;
• makes decisions concerning the reserves of the Republic;
• sets up councils;
• elects the Government of the Republic of Macedonia;
• elects judges to the Constitutional Court of the Republic of Macedonia;
• elects and dismisses judges;
• elects, appoints and dismisses other holders of public and other offices determined by the Constitution and law;
• exercises political control and supervision over the Government and other holders of public office responsible to the Assembly;
• proclaims amnesties, and
• exercises other activities stipulated by the Constitution.

In order to exercise the duties within its sphere of competence, the Assembly adopts decisions, declarations, resolutions, recommendations and conclusions.

The Assembly, as a legislative body, adopts laws at its sittings.

Every representative in the Assembly, the Government of the Republic of Macedonia and 10 000 voters have the right to introduce a proposal to pass a law.

Every citizen, a group of citizens, institutions and associations may give an initiative for a proposal to pass a law, which may be given to the authorized proponents.

The proposal to pass a law is deliberated at the sittings of the competent working bodies and the bodies, whose competence covers issues regulated by the law. These working bodies submit a report to the Assembly, in which they present their position on the proposal. The Government also presents its stand on the proposal, in case it has not introduced it.

When the Assembly has adopted the proposal to pass a Law, the proponent drafts the Draft Law. The working bodies that have deliberated the proposal in the previous phase deliberate the Draft Law and they submit reports to the Assembly.

At this phase, each representative, a working body of the Assembly and the Government may submit amendments to the Draft Law.

More complex and systemic laws may be deliberated in an additional phase - a pre-draft law, prior to drafting the Draft Law.

If a law is not complex and comprehensive, it may be passed in a shortened procedure - a proposal to pass a law with a Draft Law.

After the general discussion and the deliberation on the amendments at a plenary sitting of the Assembly, the Assembly takes a vote on the Draft Law. In general, laws are adopted with a majority of the votes cast, being at least a third of the total number of representatives. The Constitution sets the exceptions - laws that are adopted with a two-third majority of the total number of representatives.

Laws are declared by a promulgation, signed by the President of the Republic and the President of the Assembly.

The President of the Republic may decide not to sign the promulgation. In this case, the Assembly deliberates the Law again. If the Assembly adopts the Law with a majority of the total number of representatives (absolute majority), the President is obliged to sign the promulgation. The President is also obliged to sign the promulgation for declaring laws adopted with a two-third majority of the votes cast.

Laws are publicized in the "Official Gazette of the Republic of Macedonia".

Standing working bodies are set up in the Assembly of the Republic of Macedonia in order to consider proposals of laws and other acts, to follow the implementation of the acts of the Assembly of the Republic of Macedonia, as well as to study and consider other questions within its sphere of competence.

The Chairpersons and members of the working bodies are elected from among the members of parliament of the Assembly of the Republic of Macedonia.

Members - scientists and experts may participate in the work of the committees and working bodies without decision-making rights. Their number should not exceed one third of the number of the MPs ñ members of the working body.

The President of the Assembly of the Republic of Macedonia is elected from among the members of parliament by a majority vote (61 MPs) out of the total number of members of parliament. The term of the President is four years.

The President of the Assembly represents the Assembly, convenes and conducts the Assembly sessions, makes sure that the Rules of Procedure are applied, signs the decrees for proclaiming laws and exercises other activities stipulated by the Constitution of the Republic of Macedonia and the Rules of Procedure of the Assembly. Most importantly, the President of the Assembly takes over the obligations of the Resident of the Republic in case the latter is not able to perform his duties.

The Vice-Presidents of the Assembly of the Republic of Macedonia help the President of the Assembly to exercise his function and replace him in the case of his absence or inability to attend. The Vice-Presidents of the Assembly are elected from among the members of parliament and their term is four years.

Judiciary power is exercised by courts. They are independent institutions and work in compliance with the Constitution, laws and ratified international agreements. A judge is elected without restriction of his/her term of office and cannot be transferred against his/her will. The judges are proposed by the Judicial Council, but are elected for life by the Parliament. The Republic of Macedonia has 27 Courts of the First Instance, 3 Courts of Appeal and the Supreme Court.

The Constitutional Court
The Constitutional Court of the Republic of Macedonia is responsible for the protection of constitutional and legal rights. It is composed of 9 judges elected by the Parliament with a mandate of 9 years, without the possibility of re-election. The Constitutional Court protects human rights and freedom of thought, speech and political association. It prohibits discrimination on grounds of sex, race, religion, nationality and social or political affiliation.
It is the duty of the Constitutional Court to ensure that there is no conflict in the responsibilities of the legislative, executive and judicial powers. This Court also decides whether the President of the Republic has violated his rights, should the respective legislative body raise the question of his answerability.

The Emergency Courts
Emergency courts are constitutionally prohibited in the Republic of Macedonia.

The Judicial Council of the Republic
The Judicial Council of the Republic is composed of seven members elected by the Parliament for a period of 6 years, with the possibility of re-election for one further mandate. The Council proposes to the Parliament the election or dismissal of judges and evaluates their work. In addition, it nominates two judges in the Constitutional Court.

The Public Prosecutor's Office
The Public Prosecutor's Office is an independent body of the state, whose responsibility is to prosecute criminals and other offenders against the law. The Public Prosecutor is appointed or dismissed by the Parliament and has a mandate of 6 years.

The Supreme Court
The Supreme Court is the highest court in the country and guarantees equal administration of laws by all courts.