Skopje, 28 April 2025 (MIA) - In the past 34 years we missed a chance for the Constitutional Court to grow into a fourth branch of government, a corrector of the relations between the three branches and a protector of the rights and freedoms of the citizens. If we want change, this institution must step up and reach for its competencies to truly build constitutional democracy and act independently towards the other branches, President Gordana Siljanovska-Davkova said Monday.

At the roundtable discussion “Do we need a law on the Constitutional Court”, Siljanovska-Davkova praised comparative examples from Germany, France, Spain, Portugal and Croatia but said the solution must be more radical and courageous.

“The constitutional matter can be expanded as well, however, we always begin the process with one set of proposals for constitutional amendments and conclude it with different ones because our political bargaining is strange and the amendments we accept make us specific and original, but in democracy we must fit into the European standards,” Siljanovska-Davkova said.

The President said the current composition of the Court has made many brave steps, noting that “it is no coincidence that this discussion is being held at this moment”. 

“Despite being a professor of constitutional law, if you ask of me to name some top constitutional judges who have left a mark on constitutional democracy since 1991, I could only name five or six. I remember the first composition of the Constitutional Court, the last, and some judges, most often through the Venice Commission, but I can’t name many others. This means they weren’t prominent legalists, instead they were prominent political or partisan activists rewarded with a position in the Constitutional Court for their efforts,” Siljanovska-Davkova said.

According to Siljanovska-Davkova, the Constitutional Court should have been reformed a long time ago.

“If you ask me, I am in favor of greater authorizations for the Constitutional Court. This can’t be regulated with the adoption of a law. Even if we adopt a Law on the Constitutional Court, we will need to intervene in the Constitution,” Siljanovska-Davkova said.

According to the President the reforms of the Constitutional Court should expand the list of protected rights and freedoms; grant the Constitutional Court the right to intervene in international treaties in the period between their signing and ratification; expand the authorizations of the Constitutional Court so it can have the final say on referendums and elections; remove Parliament’s authorization to authentically interpret legislation.

The roundtable “Do we need a law on the Constitutional Court” aims at opening a debate on the need for the adoption of a legislation that will regulate the work of the Constitutional Court through a dialogue of representatives of institutions, law experts and the civil sector. Opening addresses were delivered by Constitutional Court president Darko Kostadinovski, EU Ambassador Michalis Rokas, German Ambassador Petra Drexler, and U.S. Ambassador Angela Aggeler.

Photo: MIA