Skopje, 12 February 2025 (MIA) - The Constitutional Court has decided to initiate proceedings over assessment of the constitutionality of the 2023 Criminal Code amendments. President Darko Kostadinovski told a press conference on Wednesday that the court expressed serious doubts over the constitutionality of the law in general and has tasked the Parliament to make the required changes and align with the court arguments within six months. If the Parliament fails to do this, the court will cancel the law.

The Criminal Code amendments of September 2023, which led to the reduction of sentences for officials, sparked a public uproar. Majority of the Constitutional Court judges said a procedure should be initiated because the law is harmful and has far-reaching consequences, while some judges claimed it is not in the court's jurisdiction to decide on procedures of adopting pieces of legislation in the Parliament.

"Two sets of constitutional-legal arguments dominated at today's session - one related to the formal constitutionality of the law and the other linked to its substantive constitutionality. The majority of judges assessed that the constitutionality of the law in general can be brought under suspicion on both grounds," said Kostadinovski.

Concerning the formal constitutionality, he singled out the abuse of the European flag, i.e. the expedited procedure, the lack of elaboration and the different "vacatio legis", namely the period between the law's publication and its entry into force.

Regarding the substantive constitutionality, Kostadinovski said the Parliament has constitutional jurisdiction to norm or amend societal relations, but is also obligated to take into account "the real constitution, the unwritten constitution, the constitutional reality, the societal reality in which we live".

"Judges have found that the Parliament has, unfortunately, abstracted itself from this reality when adopting the disputed law," noted Kostadinovski.

He added the reason why there is no classical decision to initiate a procedure is because of the risk of a legal vacuum in the penal policy.

"Therefore, we give the Parliament one more chance to correct itself, to align with our standpoint. In case it fails to do this, the Constitutional Court will cancel the law," said Kostadinovski.

The decision comes after an initiative submitted by Democratic Union leader Pavle Trajanov, which claims that the disputed legal changes violated the rule of law, the protection of ownership and equality rights promoted by the Constitution. It also states that these amendments create privileges for one group of citizens, while convicted persons face discriminatory treatment and are not eligible for sentence reductions. According to Trajanov, the debate in the Constitutional Court is belated, as the initiative was submitted in September 2023, when amendments to the Criminal Code were adopted through a fast-track procedure.

On September 6, 2023, the Parliament adopted the amendments, sparking reactions from the public, the legal community and the European Commission. The amendments reduce penalties for abuse of office and criminal association. The then-government justified the adoption of the amendments by claiming it was necessary to align with European Union directives, while the opposition saw it as an attempt to grant amnesty to officials.

Meanwhile, the Ministry of Justice is working on the new amendments that would eliminate the harmful consequences of the 2023 amendments, and expects the new Criminal Code to be adopted in 2025. The new code will focus on enhancing sanctions for severe crime and corruption, as well as protection of human rights.

MIA file photo