Skopje, 19 May 2025 (MIA) - An inaccurately implemented election procedure whereby the Judicial Council failed to equally review all candidates and did not observe the requirements from the Law on Judicial council is the reason why the Administrative Court cancelled the decision over the election of Elizabeta Dukovska for Constitutional Court judge back in April 2023.

In the specific case, the Judicial Council made the decision without fully reviewing all nominated candidates. Due to lack of materials or data about the candidates, the Council members could not carry out a thorough analysis of their competences, and although the Law on the Judicial Council requires the fulfillment of concrete election criteria, they were not formally checked prior to the vote.

"The court finds that this manner of voting by the Council members, i.e. by not voting on the remaining two nominations, resulted in failure to equally apply the rules of the procedure for all candidates, considering that only one candidate got a vote, while the other two were not given the same treatment. This impacts the legality and transparency of the procedure, considering that the election was not made based on complete review and vote on all candidates, but only on the first one, thus violating not only the principle of equality but one of the merit-system as well, since it failed to give a real and objective comparison of the qualities and contribution of the candidates in the development of the legal system," reads the court ruling.

It adds the session minutes show that the Council members acquainted themselves with the CVs of the candidates at the session and voted only for the first-listed candidate, whereas the other two were ignored.

"The minutes also show that the upon presentation of the candidates' CVs, the Council members agreed to vote by the order of the nominated candidates, but a vote took place only for the first-listed candidate," says the ruling.

The court found that the complaint by then-candidate Antoaneta Dimovska, who is now a member of the Judicial Council, is legitimate. It orders that the procedure is repeated, including a vote on all candidates by fully observing the criteria in the Law on Judicial Council.

The ruling means that judge Dukovska will return to her previous position as judge in the Skopje-based Appellate Court.

MIA file photo