Judiciary

Judiciary

- Constitution of Macedonia

4. The Judiciary

Article 98

Judiciary power is exercised by courts.

Courts are autonomous and independent. Courts judge on the basis of the Constitution and laws and international agreements ratified in accordance with the Constitution.

There is one form of organisation for the judiciary.

Emergency courts are prohibited.

The types of courts, their spheres of competence, their establishment, abrogation, organisation and composition, as well as the procedure they follow are regulated by a law adopted by a majority vote of two-thirds of the total number of Representatives.

Article 99

A judge is elected without restriction of his/her term of office.

A judge cannot be transferred against his/her will.

A judge is discharged

  • if he/she so requests;
  • if he/she permanently loses the capability of carrying out a judge's office, which is determined by the Republican Judicial Council;
  • if he/she fulfils the conditions for retirement;
  • if he/she is sentenced for a criminal offence to a prison term of a minimum of six months;
  • owing to a serious disciplinary offence defined in law, making him/her unsuitable to perform a judge's office as decided by the Republican Judicial Council;
    and
  • owing to unprofessional and unethical performance of a judge's office, as decided by the Republican Judicial Council in a procedure regulated by law.

Article 100

Judges are granted immunity.

The Assembly decides on the immunity of judges.

The performance of a judge's office is incompatible with other public office, profession or membership in a political party.

Political organisation and activity in the judiciary is prohibited.

Article 101

The Supreme Court of Macedonia is the highest court in the Republic, providing uniformity in the implementation of the laws by the courts.

Article 102

Court hearings and the passing of verdicts are public.

The public can be excluded in cases determined by law.

Article 103

The court tries cases in council.

The law determined cases in which a judge can sit alone.

Jury judges take part in a trial in cases determined by law.

Jury judges cannot be held answerable for their opinions and decisions concerning their verdict.

Article 104

The Republican Judicial Council is composed of seven members.

The Assembly elects the members of the Council.

The members of the Council are elected from the ranks of outstanding members of the legal profession for a term of six years with the right to one reelection.

Members of the Republican Judicial Council are granted immunity. The Assembly decides on their immunity.

The office of a member of the Republican Judicial Council is incompatible with the performance of other public offices, professions or membership in political parties.

Article 105

The Republican Judicial Council

  • proposes to the Assembly the election and discharge of judges and determines proposals for the discharge of a judge's office in cases laid down in the Constitution;
  • decides on the disciplinary answerability of judges;
  • assesses the competence and ethics of judges in the performance of their office;
    and
  • proposes two judges to sit on the Constitutional Court of Macedonia.

Constitution of Macedonia

Preamble
Basic Provisions
Basic Freedoms and Rights
Civil and Political Freedoms and Rights
Economic Social and Cultural Rights
Guarantees of Basic Freedoms and Rights
Foundations for Economic Relations
Organization of State Authority
Assembly of the Republic of Macedonia
President of the Republic of Macedonia
Government of the Republic of Macedonia
Judiciary
Public Prosecutors Office
Constitutional Court of The Republic of Macedonia
Local Self Government
International Relations
Defence of the Republic and States of War and Emergency
Changes in the Constitution
Transitional and Final Clauses
Amendments To The Constitution of the Republic of Macedonia
Amendment I
Amendment II
Amendment III
Amendment IV
Amendment V
Amendment VI
Amendment VII
Amendment VIII
Amendment IX
Amendment X
Amendment XI
Amendment XII
Amendment XIII
Amendment XIV
Amendment XV
Amendment XVI
Amendment XVII
Amendment XVIII
Amendment XIX
Amendment XXI
Amendment XXII
Amendment XXIII
Amendment XXIV
Amendment XXV
Amendment XXVI
Amendment XXVII
Amendment XXVIII
Amendment XXIX
Amendment XXX
Amendment XXXI
Amendment XXXII
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