• Thursday, 12 June 2025

Kostadinovski: Legal gap for independent election candidates to be filled after Constitutional Court scraps amendments 

Kostadinovski: Legal gap for independent election candidates to be filled after Constitutional Court scraps amendments 

Skopje, 20 May 2025 (MIA) - With a majority decision on Tuesday the Constitutional Court scrapped the provisions from the amendments to the Electoral Code, noting that they were adopted in a fast-track procedure, in a non-transparent way without a public discussion or a parliamentary debate, directly before the 2024 elections, which raises the suspicion that the amendments were adopted in the interest of the political parties in order to reduce the number of independent candidates in the election campaign, said Constitutional Court President Darko Kostadinovski at a press conference after the Court’s session.

At the press conference after the session, during which the Court scrapped articles 17 and 18 of the Electoral Code which raised the number of signatures independent candidates and lists have to collect to run in elections, Kostadinovski stressed the amendments were “not revoked, but annulled” which means the decision does not restore the previous rule and that Parliament should “fill this legal gap as soon as possible”.

“Otherwise, the possible failure by the legislature to act would represent an additional violation and further narrowing of the fundamental freedoms and rights of the citizens, as well as a serious violation of political pluralism,” Kostadinovski said, stressing that currently there is no legal rule referring to the conditions under which independent candidates can run in the elections.

He stressed that the decision does not have retroactive effect and will not impact past elections.

The two articles meant that independent candidates and lists had to collect signatures from 1 percent of the total number of voters registered in the relevant electoral unit (in the case of parliamentary elections) or municipality (in the case of local elections).

Before the adoption of article 17, those submitting lists of candidates for MPs needed 1.000 signatures to run. Similarly, before the adoption of article 18, those wanting to run in local elections were required to collect at least 100 signatures in a municipality with a population of 10.000; at least 150 in a municipality with a population of 10.000-30.000; and 1.000 signatures for a candidacy in the City of Skopje.

The two articles were adopted as part of amendments to the Electoral Code on March 7, 2024, and were intended to apply to the local elections scheduled to take place in October 2025.

MIA file photo