Personal and material scope

• Author: Biljana Kotevska
• Pages: 28-42

28

3 PERSONAL AND MATERIAL SCOPE

3.1 Personal scope

3.1.1 EU and non-EU nationals (Recital 13 and Article 3(2) Directive 2000/43

and Recital 12 and Article 3(2) Directive 2000/78)

In North Macedonia, there are no residence or citizenship/nationality requirements for

protection under th e relevant national laws transposing the directives . On provision s of

relevance for non-discrimination, the Constitution sets a requirement of citizenship in order

for a person to enjoy the protection of rights under the Constitution, including protection

against discrimination. Stricter conditions with regards to access to employment and

acquiring social protection apply to short-term resident s without Macedonian citizenship

and to Macedonian citizens without permanent residence in the country .85 In other areas,

including self-employment, a ccess to training and membership of worke rs’ organisations,

there is no legal restriction and there are no reports of less favourabl e treatment. With

regard to the Constitution, the approach implemented in practice gives foreign citizens the

opportunity to participate in the social and economic life of the country. No such

requirement exists under the Anti-Discrimination Law. Under the ADL, p eople with an

irregular status would also be protected.

The country is a candidate for EU membership . So far, the course of harmonisation of th e

legislation has not reached the stage where provisions on distinctions between EU and non-

EU nationals are incorporated in l aws. As yet, no clear plans have been made about how

this will be regulated. One sign o f planned developments in this direction is that special

provisions have b een inserted into the Law on Internal Affairs, 86 which regulate special

rules for EU citizens, with greatly eased procedures for short-term and long-term stay and

residence.

3.1.2 Natural and legal persons (Recital 16 Directive 2000/43)

a) Protection against discrimination

In North Macedonia, the personal scope of the Anti-Discrimination Law cov ers natural and

legal persons for the purpose of protection against d iscrimination. It does not distinguish

between natural and leg al persons for the purposes of protection against discrimination.

Article 3(1) of the Anti-Discrimination Law prov ides that the law is applied to both natural

and legal persons, while Article 4(1(2)) defines person as both a natural and a legal person.

It should be noted, however, that the Constitution only includes citizens in the general

equality clause. The Constitutional Court’s practice i s clear that human rights protectionз

which also includes protection against discrimination, can be sought by natural persons

only.

b) Liability for discrimination

In North Macedonia, the personal scope of the Anti-Discrimination Law cov ers natural and

legal persons for the purpose of liability for d iscrimination. The ADL does not distinguish

between natu ral and legal persons fo r the purposes of liability for discrimination. Under

the ADL (Article 3(1)), the law is applied to both natural and legal persons, as further

confirmed by Article 4(1(2)), which defines person as both a natural and a legal person.

85 Law on Social Protection (2019). Full title: Republic of North Macedonia, Law on Social Protection ( 

 ), Official Gazette of the Republic of North Macedonia, No. 104/2019, 146/2019,

275/2019, Article 13.

86 Law on Internal Affairs (2014). Full title: Republic of North Macedonia, Law on Internal Affairs ( 

 ), Official Gazette of the Republic of Macedonia, No. 42/2014, 116/2014, 33/2015,

5/2016, 120/2016, 127/2016, 142/2016, 190/2016, 21/2018, 135/2018, 108/2019, 275/2019.