Skopje, 13 December 2024 (MIA) – The Constitutional Court decision to hold a preparatory session on the Law on the Use of Languages has come under fire. Constitutional Court President Darko Kostadinovski has said that preparatory sessions are quite useful being one of the ways for the high court to build trust and convince the citizens it is unbiased and independent.

He has announced that the preparatory session on the language law will most probably take place in March 2025 after the Constitutional Court receives a friendly counsel from the Venice Commission and after dates with experts expected to arrive in Skopje are agreed. 

“We’ll clash legal arguments. The same applies also for the friendly counsel, already requested from the Venice Commission. It’s true that the Venice Commission has already given us a legal opinion involving the law. But, we’re using another tool – a friendly counsel, which can be requested only by constitutional courts in case some disputable legal issues are detected, especially in the field of international and European standards,” Kostadinovski said in yesterday’s TV interview. 

The Constitutional Court justices, he noted, have no choice and have to respond to initiatives.

“We’re not acting on our wishes,” said Kostadinovski adding the Constitutional Court will make a ruling based on arguments and the Constitution. 

He said that Constitutional Court justices have been subjected to threats and political persecution. “It’s time politicians got their hands off the judiciary,” Kostadinovski insisted.

Asked about the demand of DUI calling for his resignation, after activists of the opposition party “stood guard for the language” in front of the Court ahead of Wednesday’s session, he said he won’t be commenting on parties’ demands. 

“I absolutely do not feel any responsibility to step down and I don’t want to comment statements by political party officials. As president of the Constitutional Court, it is my duty to react when parties start demonstrating quite low political culture. It is my duty to protect the integrity of the Court and the position I’m holding,” Kostadinovski told the interview. 

On Wednesday, the Constitutional Court of North Macedonia decided to hold a preparatory session for the discussion of the constitutionality and legality of the Law on the Use of Languages.

Reporting judge Elizabeta Dukovska proposed that the Court hold a preparatory session which received the support of the majority of the judges present, with the exception of judge Dobrila Kacarska who said there have been sufficient preparations.

The judges who supported Dukovska’s proposal highlighted the importance of a preparatory session to demonstrate that “rule of law and constitutionality should be defended in the Court and not in the streets”. They called for patience and trust in the institutions and underscored that the decision will help dismiss allegations of politicization.

The decision means the Court will hear expert opinion and arguments on the issue before it proceeds with a ruling.

Judges Osman Kadriu and Naser Ajdari were absent from the session, which prompted Judge Fatmir Skenderi to propose that the discussion on the item is postponed due to their absence. The rest of the judges dismissed his proposal, after which he too decided not to participate in the discussion.

The Constitutional Court is composed of nine judges: six ethnic Macedonians, two Albanians and one Turk. 

The language law case, comprised of 13 initiatives by individuals, political parties and associations, was formed in 2019. It became topical this autumn following remarks by the Venice Commission. Complaints disputing the legislation were filed by the parties VMRO-DPMNE and Levica, World Macedonian Congress association, and professors Solza Grcheva, Tanja Karakamisheva Jovanovska and Jove Kekenovski.

MIA file photo