The Constitutional Court’s president, Darko Kostadinovski, announced that the Court is examining the constitutionality of Article 218 of the Enforcement Law, which concerns the ability of individuals and legal entities to pursue claims against state and local authorities. He stated that this legal provision is ambiguous and poorly formulated. In a segment of “Where Do the Money Go?”, Kostadinovski noted that this article had been considered by the Court five years prior, when he and Judge Osman Kadriu expressed serious doubts about its constitutionality, but the majority decided not to repeal it to avoid significant consequences for the state.
He cited examples where citizens and companies cannot collect their debts despite valid court rulings, due to this article’s existence. Kostadinovski emphasized that the legislator intended to protect public interest and the functioning of public enterprises, but warned that their debts amount to approximately 200 million euros, representing real money owed to citizens and companies. He believes a court decision could promote greater financial discipline and accountability in managing public enterprises.
Responding to questions about external pressures regarding sensitive legal matters, the Constitutional Court president dismissed these claims. He affirmed that judges consider all circumstances and potential consequences for the legal order, citizens’ rights, and the state budget when making decisions. Kostadinovski also addressed the application of the Collateral Agreements Law after the Court’s amendments were repealed last year, explaining that a five-year statute of limitations was introduced, applied for about a year, resulting in some claims becoming time-barred.
He highlighted the legal uncertainty created by frequent law changes. Kostadinovski stated that the Court should resolve conflicts between laws to avoid arbitrary application of the law. He used the example of the law regarding the salaries of elected officials, where a new fixed base salary was introduced without abolishing the previous rule based on the average salary.
Kostadinovski concluded by expressing concerns about resource shortages, personnel, and technical support within the judiciary, emphasizing the need for accountability and integrity within the judicial system.
Topics: