President of Republic of Macedonia

Legal norms regulating the position, election and competences of the President of the Republic of Macedonia

The dispositions related to the President of the Republic of Macedonia are contained in the Constitution of the Republic of Macedonia (Part III - Chapter 2 and other parts and chapters) as well as in other separate laws

The Constitution of the Republic of Macedonia

III . The organization of state authority

2. President of the Republic of Macedonia

Article 79

The President of the Republic Macedonia represents the Republic. The president of the Republic is Commander-in-Chief of the Armed Forces of Macedonia. The President of the Republic exercises his/her rights and duties on the basis and within the framework of the Constitution and laws.

Article 80

The President of the Republic is elected in general and direct elections, by secret ballot, for a term of five years. A person may be elected President of the Republic two times at most. The President of the Republic shall be a citizen of the Republic of Macedonia. A person may be elected President of the Republic if over the age of at least 40 on the day of election. A person may not be elected President of the Republic if, on the day of election, he/she has not been a resident of the Republic of Macedonia for at least ten years within the last fifteen years.

Article 81

A candidate for President of the Republic can be nominated by a minimum of 10,000 voters or at least 30 Representatives. A candidate for President of the Republic is elected if voted by a majority of the total number of voters. If in the first round of voting no candidate wins the majority required, voting in the second round is restricted to the two candidates who have won most votes in the first round. The second round takes place within 14 days of the termination of voting in the first round. A candidate is elected President if he/she wins a majority of the votes of those who voted, provided more than half of the registered voters voted. If in the second round of voting no candidate wins the required majority of votes, the whole electoral procedure is repeated. If only one candidate is nominated for the post od President of the Republic and he/she does not obtain the required majority of votes in the first round, the whole electoral procedure is repeated. The election of the President of the Republic takes place within the last 60 days of the term of the previous President. Should the term of office of the President of the Republic be terminated for any reason, the election of a new President takes place within 40 days from the day of termination. Before taking up office, the President of the Republic makes a solemn declaration before the Assembly of his/her commitment to respect the Constitution and the laws.

Article 82

In case of death, resignation, permanent inability to perform his/her duties, or in case of termination of the mandate in accordance with the provisions of the Constitution, the office of the President of the Republic is carried out by the President of the Assembly until the election of the new President. Decisions on the applicability of the conditions, for the cessation of office of the President of the Republic are the official duty of the Constitutional Court. Should the President of the Republic be temporarily unable to perform his/her duties, the President of the Assembly deputizes for him/her. While the President of the Assembly is performing the office of President of the Republic, he/she takes part in the work of the Assembly without the right to vote.

Article 83

The duty of the President of the Republic is incompatible with the performance of any other public office, profession or appointment in a political party. The President of the Republic is granted immunity. The Constitutional Court decides by a twothirds majority vote of the total number of judges on any case for withholding immunity and approving of detention for the President of the Republic.

Article 84

The President of the Republic of Macedonia:

nominates a mandator to constitute the Government of the Republic of Macedonia;
appoints and dismisses by decree ambassadors and other diplomatic representatives of the Republic of Macedonia abroad;
accepts the credentials and letters of recall of foreign diplomatic representatives;
proposes two judges to sit on the Constitutional Court of the Republic of Macedonia;
proposes two members of the Republican Judicial Council;
appoints three members to the Security Council of the Republic of Macedonia;
proposes the members of the Council for Inter-Ethnic Relations;
appoints and dismisses other holders of state and public office determined by the Constitution and the law;
grants decorations and honours in accordance with the law;
grants pardons in accordance with the law; and
performs other duties determined by the Constitution.

Article 85

The President of the Republic addresses the Assembly on issues within his/her sphere of competence at least once a year. The Assembly may request the President of the Republic to state an opinion on issues within his/her sphere of competence.

Article 86 *)

The President of the Republic is President of the Security Council of the Republic of Macedonia. The Security Council of the Republic is composed of the President of the Republic, the President of the Assembly, the Prime Minister, the Ministers heading the bodies of state administration in the fields of security, defence and foreign affairs and three members appointed by the President of the Republic. The Council considers issues relating to the security and defence of the Republic and makes policy proposals to the Assembly and the Government.
*) Item 1 of A mendment XIII is an Addendum to paragraph 2 of article 86

Amendment XIII

In appointing the three members, the President shall ensure that the Security Council as a whole equitably reflects the composition of the population of the Republic of Macedonia .

Article 87

The President is held accountable for any violation of the Constitution in exercising his/her rights and duties. The procedure for determining the President of the Republic's answerability is initiated by the Assembly with a two-thirds majority vote of all Representatives. It is the Constitutional Court that decides on the answerability of the President by a two-thirds majority vote of all judges. If the Constitutional Court considers the president answerable for a violation, his/her mandate is terminated by the force of the Constitution.

Dispositions contained in other parts and chapters of the Constitution

Article 75

Laws are declared by promulgation.
The promulgation declaring a law is signed by the President of the Republic and the
President of the Assembly.
The President of the Republic may decide not to sign the promulgation declaring a law.
The Assembly reconsiders the law and the President of the Republic is then obliged to sign the promulgation in so far as it is adopted by a majority vote of the total number of Representatives.
The President is obliged to sign a promulgation if the law has been adopted by a two thirds majority vote of the total number of Representatives in accordance with the Constitution.

Article 90 , paragraph 1.

The President of the Republic of Macedonia is obliged, within 10 days of the constitution of the Assembly, to entrust the mandate for constituting the Government to a candidate from the party or parties which has/have a majority in the Assembly.

Article 110, line 6

The Constitutional Court decides on the answerability of the President of the Republic

Article 119

International agreements are concluded in the name of the Republic of Macedonia by the President of the Republic of Macedonia. International agreements may also be concluded by the Government of the Republic of Macedonia, when it is so determined by law.

Article 120, paragraph 1

A proposal for association in a union or community with other states or for dissociation from a union or community with other states may be submitted by the President of the Republic, the Government or by at least 40 Representatives.

Article 124

A state of war exists when direct danger of military attack on the Republic is impending, or when the Republic is attacked, or war is declared on it. A state of war is declared by the Assembly by a two-thirds majority vote of the total number of Representatives of the Assembly, on the proposal of the President of the Republic, the Government or at least 30 Representatives. If the Assembly cannot meet, the decision on the declaration of a state of war is made by the President of the Republic who submits it to the Assembly for confirmation as soon as it can meet.

Article 125

A state of emergency exists when major natural disasters or epidemics take place. A state of emergency on the territory of the Republic of Macedonia or on part thereof is determined by the Assembly on a proposal by the President of the Republic, the Government or by at least 30 Representatives. The decision to establish the existence of a state of emergency is made by a two-thirds majority vote of the total number of Representatives and can remain in force for a maximum of 30 days. If the Assembly cannot meet, the decision to establish the existence of a state of emergency is made by the President of the Republic, who submits it to the Assembly for confirmation as soon as it can meet.

Article 127

During the state of war, if the Assembly cannot meet, the President of the Republic may appoint and discharge the Government, as well as appoint or dismiss officials whose election is within the sphere of competence of the Assembly.

Article 128

The mandate of the judges of the Constitutional Court of Macedonia, as well as members of the Republican Judicial Council is extended for the duration of the state of war or emergency.

Article 130

A proposal to initiate a change in the Constitution in the Republic of Macedonia may bemade by the President of the Republic, by the Government, by at least 30 Representatives, or by 150,000 citizens.