Title: The constitutional complaint in North Macedonia - an effective legal instrument with narrow effects

Authors: Jeton Shasivari

Addresses: Faculty of Law, South East European University, North Macedonia

Abstract: In this paper, the author deals with the direct constitutional-judicial protection of individual constitutional rights in North Macedonia by the Constitutional Court through the constitutional complaint, which is named: request for the protection of freedoms and rights. Although, in North Macedonia, this concept is borrowed from the German, Austrian and Spanish constitutional tradition and practice, the constitutional physiognomy of this legal instrument is not fully rounded because the Constitution does not regulate its most important aspects. This paper, in addition to the analysis of the main features and types of the constitutional complaint, also practically analyses the 30-year constitutional jurisprudence regarding the constitutional complaint, where even though this specific legal instrument has a modest effects, the author share the idea that, it presents an effective legal instrument, which has been expressed especially in the latter case of successful constitutional complaints so far, where is shown an increased constitutional judicial activism.

Keywords: constitutional judiciary; constitutional complaint; constitutional culture; individual acts; judicial activism.

DOI: 10.1504/IJHRCS.2024.136083

International Journal of Human Rights and Constitutional Studies, 2024 Vol.11 No.1, pp.77 - 92

Received: 03 Aug 2022
Accepted: 19 Sep 2022
Published online: 16 Jan 2024 *

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