Regarding the annulment of the contested changes to the Electoral Code, Constitutional Court President Darko Kostadinovski stated that it was about a decision made by the majority of Judges.
The changes were made in the shortened procedure, non-transparently, without a public debate and discussion in Parliament, shortly before the 2024 elections, which creates a suspicion that the changes were essentially made exclusively in the interest of parties, with the only goal being to reduce the number of independent candidates at the very start of the election race, the Court’s President explained.
According to him, considering the changes were annulled, not abolished, the previous rule doesn’t re-enter into force, which means that lawmakers need to fill the legal gap as soon as possible.
“Otherwise, potential inaction by the legislator would constitute an additional violation and additional narrowing of fundamental freedoms of rights of people and citizens, and grave violations of political pluralism, all of which are fundamental values of our legal order”, he stated, adding that “at this moment, there is no legal rule regarding conditions under which independent candidates will participate in elections”.
Kostadinovski made those comments after the first session the Court had had without Elizabeta Dukovska, whose election as Judge, according to the Administrative Court’s 19 May decision, was illegal.
Without mentioning her name, Kostadinovski stated that a case that, on the basis of a previously prepared plan, was in her hands was being withdrawn. Sitel has reported that in the past years, she worked on around 100 cases. It is yet to determine how many of them remain unsolved and will be assigned to another Judge.
Commenting on the Dukovska matter, President Gordana Siljanovska Davkova stated that it was inadmissible for the Judicial Council to elect her instead of giving the other two candidates, too, a chance to be part of a vote.