Title: Presidential pardon power in North Macedonia - controversies and dilemmas

Authors: Jeton Shasivari

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

Abstract: This paper analyses the constitutional, legal, and practical aspects of the presidential pardon power in North Macedonia. This paper focuses on the controversial legal provision of Article 11 of the Law on Pardon, whose application on three occasions so far has caused a wider social revolt. This is due to the avoidance of criminal responsibility by politicians, and especially the pardons of 56 people in the form of the abolition by President Ivanov of April 12, 2016. Their subsequent revocation had caused not only domestic but also international legal effects. Due to the opening of the first cases before the ECtHR involving people who were previously subject to these pardons, North Macedonia is actually facing a big challenge for a possible unfavourable outcome and is waiting for the lessons that will be given in the near future by the Court in Strasbourg.

Keywords: abolition; President of the State; rule of law; legal certainty; North Macedonia.

DOI: 10.1504/IJHRCS.2024.137728

International Journal of Human Rights and Constitutional Studies, 2024 Vol.11 No.2, pp.144 - 153

Received: 07 Jan 2023
Accepted: 28 Feb 2023
Published online: 04 Apr 2024 *

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