The constitutional complaint in North Macedonia - an effective legal instrument with narrow effects
by Jeton Shasivari
International Journal of Human Rights and Constitutional Studies (IJHRCS), Vol. 11, No. 1, 2024

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.

Online publication date: Tue, 16-Jan-2024

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