• Friday, 05 December 2025

Constitutional Court votes against launching procedure over SEC's Rulebook case

Constitutional Court votes against launching procedure over SEC's Rulebook case

Skopje, 17 September 2025 (MIA) - Constitutional Court judges voted against launching a procedure in the case disputing the Rulebook on regulating the procedure of signature collection for candidate lists submitted by group of voters for the 2025 local elections, which the State Election Commission (SEC) adopted a month ago.

The initiative filed by association World Macedonian Congress says that adoption of the Rulebook constitutes a violation of Article 8, Paragraph 1, Lines 3 and 5 of the Electoral Code and Articles 22, 23, 51, 54, 61 and 68, Paragraph 1, Line 2 of the Constitution. The petitioner notes that although election deadlines are ongoing, the SEC proceeded beyond its jurisdiction and prescribed criteria through a bylaw.

According to the Rulebook, two signatures by two voters will be necessary to allow independent candidates to run for council members and mayors in the October local elections.

SEC member Aleksandar Dashtevski proposed the Rulebook citing Article 63 of the Electoral Code, which, as he said, hasn't been scrapped, and which regulates the procedure for collecting signatures to nominate candidates, even though Article 62, which refers to the local elections, was revoked by the Constitutional Court.

Constitutional Court President Darko Kostadinovski told the session it is good to have a discussion on the matter, since filling legislative gaps is important for the judiciary and law in general.

"What are we doing when the legislator is not filling the legal gap? What is the message it sends to all others? Let's not forget, there is a decision by the Constitutional Court that provides a serious interpretation of political pluralism and voters' rights. The Court decisions have the same legal effect as law, they are final for all, including the SEC," said Kostadinovski.

According to him, today's decision is very important because "in circumstances where the legislator is not disciplined, this is one of the ways to fill constitutional gaps."

"Is SEC entitled to do this? Of course it is," noted Kostadinovski and added that despite being a temporary regulation that is related to the current election cycle, there is no obstacle for the Court to take a decision.

Judge Jadranka Dabovikj-Anastasovska voiced assurance that SEC did not proceed against the Constitution or the country's laws, while Judge Dobrila Kacarska said the Rulebook violated the law and has not been published in the Official Gazette.

Photo: MIA