CONTROL OF THE CONSTITUTIONALITY OF ACTS VIA THE DECISIONS OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MACEDONIA

Abstract

The control of the constitutionality of the legal acts of the Republic of Macedonia is the main competence of the Constitutional Court of the Republic of Macedonia. This function, which historically has been the reason for the creation of the constitutional courts in Europe, is provided for in Article 110, indents 1, 2 and 7 of the Constitution of the Republic of Macedonia. The control of the constitutionality of the acts is concentrated as a jurisdiction of  the Constitutional Court which performs it, on the territory of the entire country. Therefore, we would not make a mistake if we refer to Victor Comella who stated that “when it comes to the control of the constitutionality, the constitutional courts have a “monopoly” in its conducting and they are the only bodies that can "nullify" the unconstitutional legal acts"1. Finally, the procedure through which this competence of the Constitutional Court is being conducted is regulated in the Rules of Procedure of the Constitutional Court of the Republic of Macedonia in the III part named “Procedure for Assessment of the Laws and the Constitutionality and Legality of the Regulations and Other General Acts”. The abovementioned is important, especially because the Rules of Procedure of the Constitutional Court of the Republic of Macedonia is the only act which regulates the issues related to the elements of the procedure, the course of the procedure, the Court decisions and their effect. Compared to the competencies of the constitutional courts in the countries implementing the model of constitutional and judicial control of the constitutionality, the constitutional resolutions referring to the Constitutional Court of the Republic of Macedonia are modest and leave an impression that the idea of “the founding fathers” was the main task and the work of the Constitutional Court of the Republic of Macedonia should be focused on the normative control – control of the constitutionality of the legal acts.