Skopje, 19 May 2025 (MIA) - The Constitutional Court said on Monday it will not comment on the Administrative Court's ruling to cancel the decision over the election of Elizabeta Dukovska for Constitutional Court judge, but it points out that the actions of the Judicial Council, the Parliament and the administrative courts have led to setting a legal precedent that no composition of the Court has faced so far. The Constitutional Court added that it will not review ex officio decisions in which the judge covered by the ruling has participated.

According to the Court, this precedent has significant legal implications for its further proceedings. 

"The Constitutional Court received today a letter from the Speaker of the Parliament of the Republic of North Macedonia, submitting the Administrative Court's ruling U-5 No. 380/2025 dated 15.05.2025. The Constitutional Court will not comment on the Administrative Court's ruling. The actions of all involved bodies, including the Judicial Council, the Parliament and the administrative courts in this case, have caused a legal precedent that has created a legal situation that no previous composition of the Constitutional Court has faced. Such a legal precedent undoubtedly creates legal implications for the further proceedings of the Constitutional Court in accordance with its competences," the Constitutional Court said in a press release. 

It adds that due to the latest situation, the Court has decided to postpone the preparatory session over the Law on the Use of Languages, scheduled for June 19, 2025, due to the fact that the judge in question is a rapporteur for the case. In addition, the Court has adopted a Conclusion according to which the proceedings in the case should be in the full composition of the Court.

The Constitutional Court also notes that, pursuant to Article 112, paragraph 2 of the Constitution, its decisions are final and enforceable, and will not review ex officio decisions in which the judge covered by the Administrative Court's ruling has participated.

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.

Photo: MIA archive