International Legal Norms in Macedonia's Domestic Law

• Author: Blerton Sinani - Sami Mehmet
• Position: Teaching Assistant at the Department of the Public Law, PhD Candidate, Faculty of Law of the South East European University - Teaching Assistant at the Department of Law, PhD Candidate, Faculty of Law of the South East European University
• Pages: 37-50

JURIDICA

37

European and International Law

International Legal Norms in Macedonia's

Domestic Law

Blerton SINANI

1

, Sami MEHMETI

2

Abstract: In the Republic of Macedonia, international treaties ratified in accordance with the

Constitution are considered p art of the internal legal order and cannot be changed by an act of

Parliament. This solution confirms the principle that international treaties have more legal authority

than all the other legal acts, with the exception of the Constitution. This article aims to give an insight

on the constitutional provisions that regulate the position of international treaties in the Macedonian

legal order. It identifies its advantages and sh ortcomings and offers so me solutions that might be

taken into account by the lawgiver in the future. The article also analyses the profound impact that the

European Convention on Human Rights has exerted on the substantial nature of the catalogue o f

fundamental rights and freedoms prescribed in the Constitution of the Republic of Macedonia.

Keywords: Constitution; international treaty; ratification; hierarchy of norms; European Convention

on Human Rights

1. Introduction

In their attempts to create a viable constitutional organization of the state powers,

after the collapse of the socialist system the new East European democracies,

began to reinstall the universal values of the classical constitutional law (the

principle of the rule of law, the separation and balance of state powers among the

legislature, the executive and judiciary, the political pluralism as the fundamental

basis for a free and democratic society, free market economy etc.). These changes

have also included the gradual opening of their internal legal systems and their

1

Teachin g Assistant at the Department of the Public Law, PhD Candidate, Faculty of Law of the

South East European University; Str. Ilindenska n. 335, Tetovo, Republic o f Macedonia. Tel.:

0038944 356 142; Fax: 00389 44 356 000. Corresponding author: blerton. sinani@seeu. edu. mk.

2

Teaching Assistant at the Department of Law, PhD Candidate, Faculty of Law of the South East

European University. Address: ; Str. Ilindenska n. 335, Tetovo, Repub lic of Macedonia. Tel.:

0038944 356 142; Fax: 00389 44 356 000. E-mail: s.memeti@seeu.edu.mk.

AUDJ, vol. 10, no. 3/2014, pp. 37-50