The effects of the European integration on the constitutional system of the Republic of North Macedonia and the role of the Constitutional Court

• Pages: 69-78

Vol. 9 No. 1

March, 2023

ISSN 2410-3918

Acces online at www.iipccl.org

69

Academic Journal of Business, Administration, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

The eects of the European integration on the constitutional system of the

Republic of North Macedonia and the role of the Constitutional Court

Safet EMRULI, PhD

Lirim SHABANI, Msc

Abstract

National constitutions play an important role in the process of accession to the European

Union. This follows as a logic consequence of the fact that constitutions of the country aspiring

the integration determinate the status of international treaties in the rights of this country,

the procedure of accession to international organizations. Regarding relations with European

Union, particular importance have the provisions that ensure implementation of the principles

of the European Union Law. However, it should be noted that in terms of normative choices

intheprocessofaccessiontotheEuropeanUnion,thereisnouniedmodelforconstitutional

changes, so the European institutions, in their assessment have access in the current state.

Constitutional changes of the Republic of North Macedonia in process of accession in European

Organization are inevitable. They should be understood as a comprehensive process that will

involve all the relevant actors in order to adopt the pertinent amendments with high political

legitimacy. In its way towards European integration, the Republic of North Macedonia already

maderstchangesinitsconstitutionaectedbythePrespaagreementwhichledtothechange

of the country’s name, consequently lifting of the Greek veto.

Keywords: constitutional system, process of accession, integration, European Union.

Introduction

In accordance with the Stabilization and Association Agreement, signed on April 9th,

2001, the Republic of North Macedonia awaited almost twenty years to change its

status from a candidate country to become member state of the European Union 1 to

acountrywaitingtostart theaccession negotiations.It isa longperiod offullling

the contiditons and developing the mutual economical and political relations. In

the paper we will try to give our assessments regarding how much the Republic of

North Macedonia, respectively its 1991 Constitution, supplemented by constitutional

amendments, is able to accept the new reality, or the extent to which its provisions are in

line with the normative acts that precede membership towards European integration.

Furthermore, we will scrutinize in particular the role played by the Constitutional

Court of the Republic of North Macedonia in this very important process for the state,

we will see how much in its practice so far, the Constitutional Court has accepted

the acts of the European Union, how much is invoked in them when reasoning its

decisions, if it has shown resistance to accepting other legal sources outside national

sources, if it has maintained a constant stance in its reasoning or has evolved into

thoseaitudesaswellasotherissueswhichwethinkwillbeofinteresttothepaper.

Also,wewillpayspecialaentiontotheapproachoftheConstitutionalCourttothe

European Convention on Human Rights, how much has been invoked in its decisions

in the Convention and what is its role, as well as and how prepared it is to accept the

 1 The Stabilisation and Association Agreement entered in force on April 4th, 2004.