Skopje, 20 May 2025 (MIA) – The ruling of the Administrative Court will have legal implications, and it is not that we have nothing to say, but we will wait to see the opinions of the academic and professional communities. If necessary, the Constitutional Court may eventually give its opinion in the future, the Constitutional Court president Darko Kostadinovski said.

When asked how they’re handling the Administrative Court’s decision to cancel Elizabeta Dukovska’s appointment as a constitutional judge, Kostadinovski said, “There’s a reason we’re calling this a legal precedent.”

“This means that even among the judges, there are differing views on what this means for constitutional justice. I have my own opinion, but I will refrain from expressing it because, at this moment, the position we adopted yesterday is in effect, and as a judge, I must stand by that,” Kostadinovski said.

When asked what will happen with the initiative on the constitutionality of the Prespa Agreement, considering that Elizabeta Dukovska, whose appointment was annulled, voted on it, Kostadinovski said “On this matter as well, I stand by the Court’s position that our decisions are final and enforceable, and we do not reopen them automatically.”

The Constitutional Court held a lengthy meeting yesterday to review a legal situation described by Kostadinovski as “a precedent unseen in 60 years of constitutional court history.”

“We stated that we do not comment on the Administrative Court’s ruling, that it represents a legal precedent, and that this precedent creates a legal situation which, in turn, produces legal implications. We issued a press release and already outlined the first legal consequence arising from that situation, namely, the postponement of the preparatory session over the Law on the Use of Languages. That is a direct consequence of this situation,” Kostadinovski said.

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.

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.

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.

Photo: MIA