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Participative democracy in transition countries. The Macedonian case

Scientific Study 2014 80 Pages

Politics - International Politics - Region: Eastern Europe

Excerpt

CONTENTS

PART I PARTICIPATIVE DEMOCRACY AT NATIONAL LEVEL
1. Concepts:
2. Context:
2.1. Development and Features of the Party System
2.2. Legal Framework to Ensure and Protect Civil and Political Rights
2.3. Forms of direct democracy
2.4 Macedonian Democracy in Multiethnic Context
3. Who and How Participate
3.1. Election process, political parties and inclusion
3.2. The Assembly and civil participation
3.3. Direct Democracy and Civic Inclusion
3.4. Civil society and participation
3.5. Rule of law and inclusion

4. Concluding considerations for participative democracy at national level

PART II PARTICIPATIVE DEMOCRACY AT LOCAL LEVEL
1. Introduction
2. Mayor - Municipal Council Relation
3. Local Public Policy-Making
4. Neighbourhood Units
5. Civil Society and Local Government
6. Public Information by Local Government Units
7. Satisfaction of Citizens with the Decentralization Process and Services They Receive from the Municipality
8. “Power Sharing” between Municipality Ethnic Communities for Greater Representation of Minority Communities (Minority Communities at the Local Level)
9. Conclusions and recommendations for citizens participation at local level

PART I PARTICIPATIVE DEMOCRACY AT NATIONAL LEVEL

1. Concepts:

A political system is a set of institutions, processes and citizens in one state. A political system is more democratic if institutions and processes are more transparent, there is an inter-institutional control, services provided are of quality and there is high level of citizen participation in decision-making processes.

There is a link between the structure and the functioning of a political system, as well as the political culture within on one hand and the human development on the other hand, if the state provides conditions for provision of services to all citizens without any discrimination on any grounds, but also establishes a favourable system for citizen participation.

Up to date, in most cases the approach to public policy making was inactive (without any interest to include the citizens both on the part of the authorities and the citizens themselves). The link between the political system and inclusion is most visible and quite important in the process of creation of public policies. The intensity and form of citizen inclusion in passing and implementing decisions of public interest are indicators for the level of citizen inclusion, but also of the degree of democracy upon decision making.

2. Context:

2.1. Development and Features of the Party System

Following the declared independence, the political system in Republic of Macedonia underwent many political changes. The one-party system was converted into a multi-party system. Some of the first political parties were established pursuant to the provisions of the Law on Social Organizations and Civil Associations, which was adopted on 1st April, 1990, and was practices until a new Law on Political Parties was adopted on 28th June, 1994.

The first election round at the first multiparty general elections was held on 11th November, 1990 and the second on 25th November, 1990. 24 MPs were elected in 120 electoral districts, out of 1115 candidates proposed by 18 political parties and a single social organization, as well as 43 independent candidates; the other 96 were elected within the second election round, out of 372 party proposed and 3 independent candidates. Therefore, the Macedonian Assembly, after the elections were completed, had the following structure: out of 120, VMRO-DPMNE won 38 seats or 31.67%, SKM-PDP won 31 seats or 25.83%, PDP won 17 seats or 14.17%, the Union of Reformation Forces and Youth Democratic Progressive Party won 18 seats or 14.17%, the Socialist Party won 5 seats or 4.17%, the Party of Yugoslavs won 2 seats or 1.67%, PCER won 1 seat or 0.83%, and 3 seats or 2.50% were won by independent candidates. The mandate to form the first Government was offered to the president of the party that won most seats, but he refused it, therefore it was granted to SKM PDP, being the second largest party, which later was renamed to become SDSM. Since the first parliament assembly in 1991, there has been an unwritten rule to have the party representing the Albanians join as a coalition partner in the Government.

After the first election round in 1994, VMRO DPMNE, the largest opposition party, reacted to, according to them, intensive election irregularities, hence it refused participation in the second election round. Therefore a parliament assembly was established without an opposition within. The mandate was granted to the SDSM president and PDP was again included in the Government, supported by parliamentary vote.

In parallel, pluralisation of the media and non-governmental sector was initiated, and the opportunities for bigger citizen participation in the decision-making process were also increased.

At the 1998 elections, VMRO DPMNE, since then an opposition party, won most parliament seats and formed the Government. In addition to VMRO DPMNE, the coalition Government included DA and DPA.

At the 2002 elections, most seats were won by SDSM , which formed the Government together with the pre-election coalition parties and DUI, the new party of the Albanians.

The 2006 elections provided VMRO DPMNE with an opportunity to form the Government, in coalition with NSDP, SP, DOM, PEI and DPA.

For the purpose of increased stability in Government and larger support for government proposed laws in the Assembly, VMRO-DPMNE deemed necessary to have a majority of seats won by the party and not only majority based on coalition. Therefore, the party decided to dismiss the Assembly, and early general elections were held for the first time. After completion of the early elections in 2008, VMRO-DPMNE won absolute majority of seats, together with pre-election coalition partners, and as an Albanian partner, the Government was joined by DUI. The early general elections were held again two time- in 2011 and 2014. In 2011 VMRO-DPMNE won relative majority but in 2014 absolute majority. After 2008 the main coalition partners are VMRO- DPMNE and DUI.

For the two-decade period of party pluralism, it may be concluded that almost all government coalitions included parties with opposite ideological orientations, and ideological profiling of parties most often has not corresponded with activities they undertook. At ideology level, on grounds of programme concepts, there have been right parties with demo-Christian, peoples and conservative concept and centre parties with liberal and neo-liberal concepts. An important feature of the Macedonian party system is that the two most powerful parties, VMRO-DPMNE and SDSM (former SKM PDP), positioned themselves at the beginning, as well as that it is too fragmented, having large number of political parties that have insignificant political power and small number of parties emerging as coalition partners of the former two. In addition to extensive fragmentation, the second significant feature of the Macedonian party system is the large number of parties on ethnic grounds, the reason of their establishment being related to protection of interests of a certain ethnic community rather than ideological concepts.

The first multiparty elections caused suspicions on regularity of the election process, related to suspicions in duplications in the voters list, proxy voting, and irregularities in vote count, disturbing secrecy of ballot and other. This type of irregularities were repeated and intensified in all future election cycles. Irregularities in elections were accompanied by violence at the polls, violent ballot box stuffing, violent obstructions of the voting process and unfortunately, in some election cycles, even loss of human life in the Western part of the country, mostly in regions where ethnic Albanians live, by murders of one Albanian party members by other Albanian party members. There have been pressures even in the pre-election process, related to threats and blackmails to voters, as well as physical violence during election campaigns and demolition of local campaign headquarters. Almost all OSCE, ODIHR, EU, Council of Europe election observation reports, as well as national and international NGOs observers pointed out numerous irregularities and breach of voting rights of citizens. Reactions of political parties, citizens and observers were the reason for a large number of international organizations criticizing the country for non-democratic implementation of the elections and for setting change of regulation, as well as of election practice, as a requirement for European and NATO integration. Since the first multiparty elections, Government began changing election legislation, related to voting method, election lists updates, procedures to identify and sanction irregularities, organization and coordination of election process, procedures of vote count and other. The procedures for changes in election legislation continued after its codification in the Election Code[1], primarily by modifications related to funding election campaigns and incriminating several law violations related to the election process.

2.2. Legal Framework to Ensure and Protect Civil and Political Rights

The adoption of the Constitution by the Assembly in 1991 marked the beginning of the process of enhanced guarantee of civil and political rights, in addition to other rights, within a pluralistic context.

Parts of constitutional articles related to civil and political rights are given below.

Article9

Citizens of the Republic of Macedonia are equal in their freedoms and rights, regardless of sex, race, colour of skin, national and social origin, political and religious beliefs, property and social status. All citizens are equal before the Constitution and law.

Article16

Freedom of personal conviction, conscience, thought and public expression of thought is guaranteed. Freedom of speech, public address, public information and free establishment of public information institutions is guaranteed. Free access to information and freedom of reception and transmission of information are guaranteed.

The right to respond in the mass media is guaranteed. The right to a correction in the mass media is guaranteed. The right to protect a source of information in the mass media is guaranteed. Censorship is prohibited.

Article17

Freedom and confidentiality of letters and other forms of communication is guaranteed. Deviations from the principle of inviolability of confidentiality of letters may only be possible by a court decision, if it is indispensable to a criminal investigation or required in the interests of the defence of the Republic.

Article19

Freedom of religious confession is guaranteed. The right to express one's faith freely and publicly, individually or in a community with others is guaranteed.

Article20

Citizens are guaranteed their freedom of association to exercise and protect their political, economic, social, cultural and other rights and convictions. Citizens may freely establish associations of citizens and political parties, join them or resign from them. Programmes and activities of civil associations and political parties may not aim toward violent destruction of the constitutional order of the Republic, or to incite or call upon military aggression or ethnic, racial or religious hatred or intolerance. Military or semi-military associations which do not belong to the Armed Forces of the Republic of Macedonia are prohibited.

Article21

Citizens have a right to assemble peacefully and to express public protest without prior announcement or a special license. The exercise of this right may be restricted only during a state of emergency or war.

Article22

Every citizen of 18 years of age acquires the right to vote. The right to vote is equal, universal and direct, and is exercised at free elections by secret ballot. Persons deprived of the right to practice their profession by a court verdict may not exercise a right to vote.

Article23

Every citizen has a right to take part in performing public service.

Article 24

Every citizen has a right to petition state bodies and other public services, as well as to receive an answer. A citizen cannot be called to account or suffer adverse consequences for positions expressed in petitions, unless they entail the committing of a criminal offence.

Article29

Foreign subjects enjoy freedoms and rights guaranteed by the Constitution in the Republic of Macedonia, under conditions regulated by law and international agreements. The Republic guarantees a right of asylum to foreign subjects and stateless persons expelled due to their democratic political convictions and activities. Extradition of a foreign subject can be carried out only on grounds of a ratified international agreement and on the principle of reciprocity. A foreign subject cannot be extradited for political criminal offenses. Acts of terrorism are not regarded as political criminal offenses.

Article50

Every citizen refer to protection of freedoms and rights stipulated by the Constitution before courts and the Constitutional Court of Macedonia, in a procedures based upon the principles of priority and urgency. Judicial protection of the legality of individual acts of state administration, as well as of other institutions exercising public authority, is guaranteed. A citizen has a right to be informed on human rights and basic freedoms and may actively contribute, individually or together with others, to their promotion and protection.

Right to vote

The right to vote, as regulated in Article 22 of the Constitution, has been described in the Election Code as well, as follows:

Equal right to vote

Article 3

(1) The President of the Republic, MPs, council members and municipal mayors are elected at general, direct and free elections, by secret ballot.
(2) The voter may never be called to account for voting, nor may be required to publicly say who they voted for or why they did not vote. The Constitution guarantees the opportunity, even though it is hardly used, for citizens to propose adoption of laws.

Right to be elected

Article 6

Every citizen of the Republic of Macedonia has a right to vote if they are of 18 years of age, are free from restrictions to practice their profession and have permanent residence at the constituent district, municipality or the City of Skopje, where the election is taking place.

Article 7

(1) A candidate for President of the Republic may be a person who meets requirements set for election of a President of the Republic stipulated in the Constitution.
(2) Every citizen of the Republic of Macedonia has a right to be elected as MP, council member and mayor if they are of 18 years of age, are free from restriction to practice their profession, are not serving prison sentence for committed crime and are not convicted by an effective court ruling to at least six months prison sentence.
(3) In addition to requirements stipulated in Paragraph (2) of this Article, every citizen has a right to be elected as council member and mayor if they have permanent residence in the municipality or the City of Skopje where the election is taking place.

Right to association

The right to association, guaranteed by Article 20 of the Constitution, is additionally described in the Law on Political Parties[2] and the Law on Association of Citizens and Foundations. The Law on Political Parties stipulates the following:

Article 2

(1) A political party is a voluntary organization of citizens, established for the purpose of exercising and protection of political, economic, social, cultural and other rights and convictions, as well as for participation in the process of making political decisions when participating in the government.
(2) Political parties implement their goals by democratic establishment and expression of political will by participation in elections, as well as in different democratic ways.

Article 3

Programmes, statutes and activities of political parties may not aim to

- violently destruct the constitutional order of the Republic of Macedonia;
- incite or call upon military aggression and
- spread national, racial or religious hate and intolerance.

Article 4

Political parties, in their activities, implement the principle of gender equality in access to the availability of office within a political party.

Article 5

Any discrimination on grounds of membership or non-membership into a political party is forbidden.

Article 6

(1) Political parties are equal before the Constitution and law.
(2) Political parties are guaranteed their freedom and independence in acting and establishing their internal structure, goals and choice of democratic forms and methods of action.
(3) Political parties may not form military or semi-military structures within their internal organization.

Article 12

(1) Membership in a political party is voluntary.
(2) Each member may freely resign from a political party.

The Law on Associations of Citizens and Foundations stipulates the following:

Article 2

Citizens are free to associate in civil associations and to establish foundations for exercising and protection of economic, social, cultural, science, professional, technical, humanitarian, educational, sports and other rights, interests and convictions according to the Constitution and law.

Civil associations and foundations are not for profit organizations. If gain is attained in the course of the work of associations of citizens and foundations, it must be exclusively used for supporting and achieving their goals and activities stipulated in the statute.

Right to public assembly

The right to public assembly, guaranteed by Article 21 of the Constitution is additionally explained in the Law on Public Assembly[3]:

Article 2

Public assembly, as defined in this Law, shall be assembly at outdoor or indoor space, for the purpose of achieving entertaining, cultural, religious, humanitarian, social, political, economic, sports and similar interests of citizens, that has been organized for public expression of thought or protest.

Freedom of religion, guaranteed by Article 19 of the Constitution, has been additionally described in the Law on Religious Communities and Religious Groups[4]

Article 2

Religious communities and religious groups are free to perform religious activities and rites.

Article 4

It is forbidden for any citizen to be forced or prevented in any way to become or be a member of a religious community or religious group. Citizens may not be denied rights they have under the Constitution and law, due to religious beliefs, belonging to a religious community or religious group, performing or participation in performing religious rights and other types of expression of faith. Expression of religion or belonging to a religious community or religious group does not exempt citizens from duties under the Constitution, laws and other regulations.

Free access to information

Free access to information, guaranteed in Article 16, Paragraph 3 of the Constitution, has been additionally described in the Law on Free Access to Information of Public Character[5].

List of information

Article 9

Holders of information are obliged to regularly keep and update the list of information at their disposal and to publish them in manner available to the public (internet page, announcement board and other).

Oral or written request

Article 12

(1) The request for access to information may be oral, written or electronic.
(2) Each individual, on grounds of request, has a right to access to information from the holder of available information, by means of insight, copy, photocopy or electronic copy.

2.3. Forms of direct democracy

Right to civil initiative

This right within the Constitution has been regulated in the following manner:

Article 71

Every representative in the Assembly, in the Government of the Republic of Macedonia and of at least 10.000 voters has a right to propose adoption of laws. Initiative for adoption of laws may be submitted to authorized proposers by any citizen, group of citizens, institutions and associations.

The procedure to practice this right has been additionally described in the Rules of Procedure of the Assembly[6]

Article 137

Legislation proposal shall be submitted to the President of the Assembly. The President of the Assembly shall immediately, not later than 3 working days from the date of submission of proposal, distribute it to MPs, in a writer or electronic format, thus initiating the legislation procedure .

Article138

Legislation proposal not submitted by the Government, shall be delivered to the Government by the President of the Assembly, for the purpose of providing opinion. If the Government fails to provide an opinion, the Assembly and its working bodies, shall discuss the legislation without Government opinion.

Right to a referendum

The Constitution guarantees this right in the following manner:

Article 73

The Assembly passes a decision to announce a referendum on specific issues within its powers, by a majority vote out of total number of seats. A referendum proposal shall be adopted provided that it is voted for by the majority who used their right to vote, if they are more than half of total number of voters. The Assembly is obliged to announce a referendum if a proposal is submitted by at least 150.000 voters. The decision adopted at a referendum is mandatory to implement.

Direct forms of democracy at local level

Direct democracy at local level is regulated in the following manner by the Law on Local Self-Government[7]:

Article 26

Civil Initiative

(1) Citizens have a right to propose the Council to pass certain acts or solve certain issues within its powers.
(2) Citizen initiative may not be submitted regarding personnel and financial issues.
(3) With reference to the proposal provided in Item (1) of this Article, the Council is obliged to discuss it, if supported by at least 10% of voters in the municipality or the community self government the given issue is related to.
(4) The council is obliged to hold the discussion provided in item (3) of this Article, within 90 days the latest since the date of initiative submission, and to inform the citizen on its decision.

Article 27

Citizen assembly

(1) Citizen assembly may be summoned within the total area of the municipality or a specific area of the community self-government.
(2) Citizen assembly shall be summoned by the Municipal Mayor, on their own initiative, on Council request or on request by at least 10% of voters in the Municipality, or the community self-government a certain issue is related to.
(3) Within 90 days the latest municipal bodies are obliged to discuss conclusions adopted at the citizen assembly and take them into account when making decision and passing measures on issues they refer to, as well as inform the citizens on their decisions.

Article 28

Referendum

(1) Citizens may decide on issues within the powers of a municipality, as well as on issues of local interest by means of referendum.
(2) The Council is obliged to announce a referendum on request of at least 20% of voters in the municipality.
(3) The Council may announce a referendum on issues within its powers, on its own initiative.
(4) A decision passed at the referendum is mandatory for the Council.

2.4 Macedonian Democracy in Multiethnic Context

In the course of 2001, armed groups, consisting of members of the Albanian minority initiated an armed conflict due to, as stated by some of their representatives, ‘acquiring greater rights for the Albanians’. After it began, the armed conflict was supported by the parties of ethnic Albanians, in statements they gave to the media. The end of the conflict came with the signing the Framework Agreement by leaders of the largest Macedonian and Albanian political parties. Principles contained in this Agreement were further implemented as Constitutional amendments in the Preamble and in the normative part of the Constitution[8], as well as in many laws. Accordingly, a process was initiated of more intensive integration of members of the Albanian community and of other non-majority communities into the Macedonian political system. Constitutional modifications refer to the following:

- The use of the Macedonian language and the use of languages spoken by non-majority communities[9] ;
- Adequate and equitable representations in the state government bodies and other public institutions[10]
- Legal equitability of religious communities[11]
- Fostering the identity[12]
- Double majority in decision making at plenary sessions in the Assembly[13]
- Extension of powers of the Ombudsman to include the area of rights of members of the communities[14]
- Establishment of a Inter-Community Relations in the Assembly[15]
- Changes in membership in the Security Council[16]
- Mandatory representation of communities in the National Court Council[17]
- Mandatory representation of communities in the Constitutional Court[18]
- Extension of powers of local self-government units[19]

[...]


[1] Adopted on 29th March, 2006

[2] Published in the “Official Gazette of the Republic of Macedonia” no. 76/04

[3] Published in the “Official Gazette of the Republic of Macedonia” no. 55/95

[4] “Official Gazette of the Republic of Macedonia” no. 35/97

[5] “Official Gazette of the Republic of Macedonia” no. 13/06

[6] Passed on 18th July, 1008

[7] “Official Gazette of the Republic of Macedonia” no. 5, from 29th January, 2002

[8] AMANDMENT IV

1.Citizens of the Republic of Macedonia, the Macedonian people, as well as citizens who live within its borders and are members of the Albanian people, Turkish people, Vlah people, Serbian people, Roma people, Bosniak people and other, taking responsibility for the presence and the future of their fatherland, aware and grateful to their ancestors for their sacrifices and dedication in their endeavours and struggle to create an independent and sovereign state of Macedonia, and responsible to the future generations to preserve and develop all valuable in the rich cultural heritage and coexistence, equal in rights and obligations towards the common good -- the Republic of Macedonia – in accordance with the tradition of the Krushevo Republic and the decisions of ASNOM and the Referendum of September 8, 1991, have decided to establish the Republic of Macedonia as an independent, sovereign state, with the intention to establish and consolidate the rule of law, to guarantee human rights and civil liberties, to provide peace and coexistence, social justice, economic well-being and progress in individual and common living, through their representatives in the Assembly of the Republic of Macedonia, elected in free and democratic elections, they adopt this

2. Item 1 of this Amendment shall replace the Preamble of the Constitution of the Republic of Macedonia

[9] AMANDMENT V

1. The Macedonian language and its Cyrillic alphabet shall be an official language throughout the territory of the Republic of Macedonia and in its international relations.

Any other language spoken by at least 20 %of citizens is also an official language, with its written alphabet, as prescribed in this Article.

Personal documents of citizens who speak an official language other than Macedonian, in addition to Macedonian and its alphabet, shall also be issued in the language and its alphabet in question, in accordance with the law.

Any citizen living in a unit of local self-government where at least 20 percent of citizens speak an official language other than Macedonian, in communication with regional offices of the ministries, may use any of the official languages and their alphabets respectively.

Regional offices responsible for given units of local-self government, in addition to Macedonian and its Cyrillic alphabet, shall reply in the official language and alphabet used by the citizen. Any citizen, in communication with ministries, may use any official language and its alphabet, and ministries, in addition to Macedonian and its Cyrillic alphabet, shall respond in the official language and its alphabet used by the citizen.

Within state government bodies in the Republic of Macedonia, an official language other than Macedonian may be used in accordance with law.

In the organs of the Republic of Macedonia, any official language other than Macedonian may be used in accordance with the law.

Within units of local self-government, a language and its alphabet used by at least 20 percent of the citizens shall be an official language, in addition to Macedonian and its Cyrillic alphabet. Use of languages spoken by less than 20 percent of the citizens in a unit of local self-government, shall be decided by bodies of the local self-government.

2. This Amendment shall replace Article 7 of the Constitution often Republic of Macedonia.

[10] AMANDMENT VI

1. Adequate and equitable representation of citizens belonging to all communities in state government bodies and other public institutions at all levels.

2. Item 1 of this Amendment shall be added to Paragraph 2 of Article 8 of the Constitution of the Republic of Macedonia.

[11] AMANDMENT VII

1. The Macedonian Orthodox Church, as well as the Islamic Religious Community in Macedonia, the Catholic Church, the Evangelical-Methodist Church, the Jewish Community and other religious communities and religious groups are separate from the state and equal before law.

2. The Macedonian Orthodox Church, as well as the Islamic Religious Community in Macedonia, the Catholic Church, the Evangelical-Methodist Church, the Jewish Community and other religious communities and religious groups are free to establish religious schools and welfare and charity institutions, within a procedure prescribed by law.

3. Item 1 of this Amendment shall replace Item 3 of Article 19 and Item 2 shall replace item 4 of Article 19 of the Constitution of the Republic of Macedonia.

[12] AMANDMENT VIII

1. Members of communities have a right freely to express, foster and develop their identity and community attributes, and to use their community symbols.

The Republic guarantees the protection of ethnic, cultural, linguistic and religious identity of all communities.

Members of communities have the right to establish institutions for culture, art, science and education, as well as scholarly and other associations for expressing, fostering and developing their identity.

Members of communities have a right to instruction in their language in primary and secondary education, as prescribed by law. In schools where education is carried out a language other than Macedonian, the Macedonian language shall also be studied.

2. This Amendment shall replace Article 48 of the Constitution of the Republic of Macedonia.

[13] AMANDMENT X
1. The Assembly shall make decisions on condition that the session is attended by majority of the total number of representatives. The Assembly makes decisions by majority vote by attending MPs, at least by third of the total number of representatives, provided that the Constitution does not prescribe special majority.
2. With reference to laws directly affecting culture, language use, education, personal documents and use of symbols, the Assembly shall make decisions by a majority vote by attending MPs, and in addition there must be a majority of votes by attending MPs who are members of non-majority communities in the Republic of Macedonia. Disputes regarding the application of this provision shall be resolved by the Committee on Inter-Community Relations.
3. This Amendment shall replace Article 69 of the Constitution of the Republic of Macedonia

[14] AMANDMENT XI

The Assembly elects the Ombudsman by a majority vote of the total number of representatives, and in addition there must be a majority of votes by representatives are members of non-majority communities in the Republic of Macedonia.

2. The Ombudsman shall protect constitutional and legal rights of citizens, which have been violated by bodies of the state administration and by other bodies and organizations with public mandates. The Ombudsman shall give particular attention to safeguarding the principles of non-discrimination, adequate and equitable representation of members of the communities in state government bodies, bodies of units of local self-government and public institutions and offices.

3. Item 1 of this Amendment shall replace Item 1 of Article 77, and Item 2 shall make addition to Item 2 of Article 77 of the Constitution of the Republic of Macedonia.

[15] AMANDMENT XII

1. The Assembly shall establish a Committee for Inter-Community Relations. It shall consists of 19 members of the Assembly out of which seven Macedonians and seven Albanians and one Turk, Vlah, Roma, Serb and Boshnak. If a community lacks representatives in the Assembly, the Ombudsman, in consultation with relevant representatives of such communities, shall propose the rest of the members of the Committee.

The Assembly elects the members of the Committee.

The Committee considers issues of inter-community relations in the Republic and provides opinions and proposals for solutions.

The Assembly is obliged to take into consideration opinions and proposals of the Committee and to make respective decisions.

In the event of a dispute regarding the voting procedure implementation in the Assembly, prescribed in Article 69, Item 2, the Committee shall decide by majority vote whether the procedure shall be implemented.

2. Item 1 of this Amendment shall replace Article 78 of the Constitution of the Republic of Macedonia and shall cancel Paragraph 7 of Article 82 of the Republic of Macedonia.

[16] AMANDMENT XIII
1. By appointing the three members, the President shall ensure that the Security Council composition as a whole equitably reflects the composition of the population of Macedonia.
2. Item 1 of this Amendment shall make an addition to Item 2 of Article 86 of the Constitution of the Republic of Macedonia.

[17] AMANDMENT XIV
1. Three of the members shall be elected by a majority vote of the total number of Representatives, and in addition by a majority of the votes of the total number of Representatives who are members of non-majority communities in the Republic of Macedonia.
2. This amendment shall make addition to Item 2 of Article 104 of the Constitution of the Republic of Macedonia.

[18] AMANDMENT XV
1. Judges of the Constitutional Court are appointed by the Assembly. The Assembly elects six of the judges of the Constitutional Court by a majority vote of the total number of Representatives. The Assembly elects three of the judges by a majority vote of the total number of Representatives, and in addition by a majority of votes of the total number of Representatives who are members of non-majority communities in the Republic of Macedonia. The mandate of judges is nine years without a right to further appointment.
2. This Amendment shall replace Item 2 of Article 109 of the Constitution of the Republic of Macedonia

[19] AMANDMENT XVII
1. In local self-government units, citizens participate directly and by their representatives in decision-making regarding issues of local relevance, particularly in the areas of public services, urban and rural planning, environmental protection, local economic development, local finances, communal activities, culture, sport, social child protection, education, health care and other areas prescribed by law.
2. In the City of Skopje, citizens participate directly and by their representatives in decision-making regarding issues of relevance to the City of Skopje, particularly in the areas of public services, urban and rural planning, environmental protection, local economic development, local finances, communal activities, culture, sport, social child protection, education, health care and other areas prescribed by law
3. Item 1 of this Amendment shall replace Item 1 of Article 115 of the Constitution of the Republic of Macedonia, and Item 2 replaces Item 2 of Article 117 of the Constitution of the Republic of Macedonia.

Details

Pages
80
Year
2014
ISBN (eBook)
9783656870753
ISBN (Book)
9783656870760
File size
788 KB
Language
English
Catalog Number
v286601
Institution / College
University Goce Delchev – Faculty of Law
Grade
Tags
participative macedonian

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Title: Participative democracy in transition countries. The Macedonian case