THE ROLE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MACEDONIA IN THE PRACTICAL IMPLEMENTATION OF FUNDAMENTAL CONSTITUTIONAL PRINCIPLES IN VIEW OF ITS JUDICIAL PRACTICE

The paper "The guarantees of the human rights of the defendant in the law system in Kosovo" aims to treat the access of the Republic of Kosovo in the delivery of constitutional guarantees and legal guarantees to protect the defendant in the criminal procedure. Within these guarantees, special emphasis is placed on the judicious acts in force that provide these guarantees in the Republic of Kosovo. A special analysis with regard to this paper is dedicated to the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the practice of European Court of Human Rights (ECtHR), the Constitution of the Republic of Kosovo and the Criminal Procedure Code of Kosovo (CPCK). The analysis of those acts clarifies that the guarantees of the Legal System in Kosovo coincide with the rights of the defendant. Another dimension that finds space within the paper is the practical implementation of the guarantees provided by the aforementioned acts in terms of the rights of the defendant. The role of the Constitutional Court in the Republic of Kosovo in the past and now has been mainly analyzed in the formation of the constitutional and international guarantees, applicable in Kosovo concerning the rights of the defendant in the criminal procedure.

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Imunitas Hukum Bagi Notaris Yang Membuka Rahasia Jabatan

Jurnal Akta ◽

10.30659/akta.v5i1.2528 ◽

2018 ◽

Vol 5 (1) ◽

pp. 25

Author(s):

Rita Permanasari ◽

Akhmad Khisni

Keyword(s):

Law Enforcement ◽

Supervisory Board ◽

Legal Protection ◽

The Political ◽

Constitutional Court ◽

The Law ◽

Notary Public ◽

The Republic ◽

Law Regulation

ABSTRAKKetentuan Pasal 4 dan Pasal 16 ayat (1) huruf f Undang-Undang Jabatan Notaris mewajibkan notaris untuk menjaga kerahasiaan segala sesuatu mengenai akta yang dibuatnya dan segala keterangan yang diperoleh guna pembuatan akta sesuai dengan sumpah janji jabatan kecuali undang-undang menentukan lain. Kemungkinan terhadap pelanggaran kewajiban tersebut berdasarkan Pasal 16 ayat (11) Undang-Undang Jabatan Notaris, seorang notaris dapat dikenai sanksi berupa teguran lisan sampai dengan pemberhentian dengan tidak hormat. Terlebih lagi dengan adanya putusan Mahkamah Konstitusi Republik Indonesia dengan Nomor: 49/PUU–X/2012 memutuskan telah meniadakan atau mengakhiri kewenangan Majelis Pengawas Daerah (MPD) yang tercantum dalam Pasal 66 ayat (1) UUJN membuat notaris seakan-akan tidak ada perlindungan hukum bagi notaris dalam menjalankan tugas jabatannya. Ikatan Notaris Indonesia (INI) harus berusaha menjalankan peranan pembinaan dan perlindungan meningkatkan pengetahuan, kemampuan dan keterampilan para notaris. Demikian juga menjalin hubungan dengan para penegak hukum lainnya, agar penegak hukum lainnya yang ada hubungan dengan notaris dapat memahami kedudukan notaris sesuai UUJN.Berangkat dari pemikiran inilah kewajiban ingkar notaris masih tetap dipertahankan oleh pembuat undang-undang dalam revisi Undang-Undang Jabatan Notaris Tahun 2014 yang merupakan konfigurasi kekuatan perlindungan terhadap profesi dan jabatan notaris dari sisi politik.Kata Kunci : Jabatan Notaris, Hak Ingkar, Perlindungan Hukum.ABSTRACTThe provisions of Article 4 and Article 16 paragraph (1) sub-paragraph f of the Notary's Office Law require a notary to maintain the confidentiality of all matters concerning the deeds it has made and all the information obtained for the deed in accordance with the oath of pledge of office except the law otherwise. The possibility of breach of such obligation under Article 16 paragraph (11) of Notary Law Regulation, a notary public may be subject to sanctions in the form of oral reprimands until dismissal with disrespect. Moreover, with the decision of the Constitutional Court of the Republic of Indonesia with the number : 49 /PUU-X/2012 deciding to have canceled or terminated the authority of the Regional Supervisory Board (MPD) listed in Article 66 paragraph (1) UUJN made a notary as if there was no legal protection for a notary in performing duties. The Indonesian Notary Bond (INI) should endeavor to undertake the role of guidance and protection to increase the knowledge, abilities and skills of the notaries. Likewise establish relationships with other law enforcers, so that other law enforcement who has relationship with the notary can understand the position of notary under the UUJN.Departing from this thought the obligation of notarization is still maintained by the lawmakers in the revision of the Law Regulation of Position Notary on Year 2014 which is the configuration of the strength of the protection of the profession and the notary's position from the political side.Keyword : Position of Notary, Right of Remedy, Legal Protection.

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Introduction

Constitutionalism ◽

10.1093/oso/9780192896759.003.0001 ◽

2021 ◽

pp. 3-30

Author(s):

Alejandro Linares-Cantillo

Keyword(s):

Transitional Justice ◽

Constitutional Law ◽

Constitutional Court ◽

Constitutional Courts ◽

Constitutional Amendments ◽

Leading Role ◽

Comparative Constitutional Law ◽

The Republic

This introductory chapter provides an overview of the twenty essays compiled for the XIII conference of the Constitutional Court of the Republic of Colombia, which was held in Bogota in January of 2019. The collection is divided into three thematic parts which illustrate five subjects at the spotlight of comparative constitutional law, in light of the growing circulation and intensification of the idea of constitutionalism. The first part examines the evolving and leading role of constitutional courts in constitutional democracies. The second part allows constitutional experiences speak for themselves and discusses tensions and debates in three topics: (A) the growing trend to judicially enforce 'constitutional unamendability' under the doctrine of 'unconstitutional constitutional amendments'; (B) the idea of 'transformative constitutionalism' in the area of social rights enforcement; and (C) the models of transitional justice and their implementation in the Colombian case. Finally, the third part analyses vertical and horizontal movements of constitutional law doctrines and decisions.

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LEMBAGA JUDICIAL REVIEW UNDANG-UNDANG TERHADAP UNDANG-UNDANG DASAR : PERBANDINGAN ANTARA KEWENANGAN MAHKAMAH KONSTITUSI KOREA SELATAN DENGAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA

Jurnal Magister Hukum Udayana (Udayana Master Law Journal) ◽

10.24843/jmhu.2016.v05.i02.p11 ◽

2016 ◽

Vol 5 (2) ◽

pp. 368

Author(s):

Joseph Atja Sulandra ◽

Anak Agung Ngurah Roy Sumahardika

Keyword(s):

South Korea ◽

Judicial Review ◽

Constitutional Court ◽

Advantages And Disadvantages ◽

The Republic ◽

The Guardian

This study aimed to compare the profile and authority of the Constitutional Court of South Korea with the Constitutional Court of the Republic of Indonesia, which is granted by its Constitution and related laws. The aim is to see how far the role of the Constitutional Court of the Republic of Indonesia as an institution of judicial review, so that it can also note the advantages and disadvantages in its function as the guardian of the constitution. Penelitian ini bertujuan untuk membandingkan profil dan kewenangan Mahkamah Konstitusi Korea Selatan dengan Mahkamah Konstitusi Republik Indonesia, yang diberikan oleh Undang-Undang Dasar serta Undang-Undang terkait. Tujuannya adalah untuk melihat seberapa jauh peran Mahkamah Konstitusi Republik Indonesia sebagai Lembaga Judicial Review Undang-undang terhadap Undang-Undang Dasar, sehingga dapat dilihat kelebihanan dan kekurangannya masing-masing dalam fungsinya sebagai lembaga pengawal konstitusi.

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II Constitutional Jurisprudence, 5 Powers and Conflicts

10.1093/law/9780190214555.003.0005 ◽

2016 ◽

Author(s):

Barsotti Vittoria ◽

Carozza Paolo G ◽

Cartabia Marta ◽

Simoncini Andrea

Keyword(s):

Separation Of Powers ◽

Case Law ◽

Constitutional Court ◽

Reciprocal Relations ◽

The Republic ◽

Constitutional System ◽

Constitutional Jurisprudence ◽

The Relationship ◽

Principal Lines

By presenting the Court’s principal lines of case law regarding the allocation of powers in the Italian constitutional system, this chapter explores the constitutionally regulated relationships among the President, Executive, Parliament, and Judiciary. It reveals that rather than a “separation of powers” in the conventional sense of contemporary constitutional models, the Italian system is best described as instituting a set of reciprocal “relations of powers” with the Constitutional Court as the “judge of powers” that maintains and guarantees these interrelationships of constitutional actors. The chapter explores this role of the Constitutional Court in its relations with both Parliament and the President of the Republic, as well as the Court’s regulation of the relationship between the President and the Executive.

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A Constitutional Tradition in the Making: The Presidents’ Cases and the Role of Kosovo’s Constitutional Court in the Process of Democratic Consolidation

ICL Journal ◽

10.1515/icl-2013-0106 ◽

2013 ◽

Vol 7 (1) ◽

Author(s):

Qerim Qerimi ◽

Vigan Qorrolli

Keyword(s):

Political Stability ◽

Constitutional Court ◽

Constitutional Courts ◽

Political Landscape ◽

First Case ◽

Head Of State ◽

Judicial Supremacy ◽

The Republic ◽

Constitutional Tradition

AbstractIn a period of less than a year, two decisions of the newly established Constitutional Court of the Republic of Kosovo resulted in the resignation of two Presidents of the new State. Ruling on the unconstitutionality of the act of simultaneously holding the position of the head of State and that of his political party, in one case; and ruling on the unconstitutionality of his election due to procedural irregularities in the other, the Court prompted fundamental changes to the political landscape of Kosovo that in the first case led to new and extraordinary elections, whereas in the second to a political arrangement that would ultimately lead to constitutional reforms. Following the Court’s decisions, both Presidents (Sejdiu and Pacolli) resigned from their posts.This article offers a textual analysis of the merits and controversies surrounding both decisions, which will be situated in the broader context of the seemingly powerful role of Constitutional Courts in certain societies in transition. The overall analysis demonstrates the weaknesses inherent to the initial stages of State formation, and to the foundational constitutional instrument, indicating the importance of the Constitution’s clarity for political stability. In an environment characterized by a dominant perception of a politicized judiciary, the Court’s decisions testify to the judicial activism of the Constitutional Court and, in terms of the substance and consequences of its key decisions, also to judicial supremacy. The Court’s decisions have also had some significance for testing the country’s political culture, a test that has been met in both cases eventually with compliance by those most affected.

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Role of Municipal Council in Increasing Citizen Participation at the Local Budget Process

Central European Public Administration Review ◽

10.17573/ipar.2016.2-3.03 ◽

2016 ◽

Vol 14 (2-3) ◽

Author(s):

Memet Memeti ◽

Veli Kreci

Keyword(s):

Citizen Participation ◽

Local Community ◽

Budget Process ◽

Budgetary Process ◽

Republic Of Macedonia ◽

The Republic ◽

Local Budget ◽

Budgeting Process ◽

Cross Matching

The paper explores the role of the municipal councilors in the budget process in the Republic of Macedonia as well as their role in motivating citizen participation in the budgetary process in the Republic of Macedonia. We demonstrate that municipalities in the Republic of Macedonia employ various forms of participatory mechanisms in the process of public policies and budgets according to their context. There are vivid dissimilarities in terms of opportunities and scope of citizen participation as well as discrepancies of councilors capacity to facilitate this process when cross-matching information and data derived from small rural and bigger urban municipalities. It is evident that very little has been accomplished in terms of defining uniformed processes and developing systems related to the relations between councilors and local community. We identify barriers that are impediment to a genuine involvement of the councilors as mediators between the Mayor and the community in the local budgeting process. We argue that any policy intervention in this dimension ought to be tailor-made, hence every municipality has its specific features that ought to be taken into account when designing an intervention to address shortcomings of the processes and the systems.

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MODEL PENGUJIAN PERATURAN PERUNDANG-UNDANGAN SATU ATAP MELALUI MAHKAMAH KONSTITUSI

Jurnal Ilmiah Hukum LEGALITY ◽

10.22219/jihl.v25i2.6005 ◽

2018 ◽

Vol 25 (2) ◽

pp. 247

Author(s):

Sholahuddin Al-Fatih

Keyword(s):

Supreme Court ◽

Judicial Review ◽

Constitutional Court ◽

Regulatory Testing ◽

The Supreme Court ◽

New Ideas ◽

The Republic ◽

Bureaucratic Reform

Post-reform of the role of judicial institution is run by two institutions namely the Supreme Court and the Constitutional Court. The duties and authorities of the two institutions are regulated in the Constitution of the Republic of Indonesia 1945 and the act that addresses the three institutions more specifically. Several powers possessed by the Supreme Court and the Constitutional Court, one of them is the authority to judicial review. The Constitutional Court is authorized to review the act on the Constitution of the Republic of Indonesia 1945, while the Supreme Court is authorized to review under the Act on the above legislation.The unfairness of the regulatory testing function is feared to trigger bureaucratic inefficiency. Based on data released by the Supreme Court Clerk, it was recorded during 2016 that the Supreme Court received 18,514 cases, including the Hak Uji Materi (HUM) subject to legislation under the Act. While the number of cases of judicial review of the Constitutional Court in 2016-2017 amounted to only 332 cases. Therefore, it is necessary to conduct a bureaucratic reform and provide new ideas related to the model of one court of judicial review in Indonesia. So that in this paper will be discussed deeply about problematic of judicial review in Indonesia and the authority of the Constitutional Court to review the act under one roof with SIJURI mechanism.

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ПОКРЕТАЊЕ ПОСТУПКА НОРМАТИВНЕ КОНТРОЛЕ ПРАВА У РЕПУБЛИЦИ СРБИЈИ

TEME ◽

10.22190/teme1804419p ◽

2019 ◽

pp. 1419

Author(s):

Bálint Pásztor

Keyword(s):

Rule Of Law ◽

Constitutional Court ◽

The Rule Of Law ◽

Democratic Culture ◽

Advantages And Disadvantages ◽

Institutional Values ◽

The Law ◽

The Republic ◽

The One

The author of the article analyzes the specificities of the normative control of the law, i.e. the procedure of assessing the constitutionality and legality of the law in the Republic of Serbia, with the aim of detecting historical and legal preconditions of the effective functioning of the rule of law. The historical perspective of the development of the constitutional judiciary in the Socialist Federal Republic of Yugoslavia and the Republic of Serbia, as well as the analysis of the experiences of various systems of control of constitutionality and legality, open the contextual, scientific-historical and pragmatic dimensions of understanding. The specificity of the system of normative control is reflected in its triplicity, meaning that three institutes are known that characterize different procedural possibilities (to initiate the process of assessing the constitutionality and legality of general acts). The paper is written in order to point out the dichotomy of the proposal and initiative of the procedure of the assessment of constitutionality and legality, as well as the advantages and disadvantages of the ex officio procedure. Furthermore, the author wanted to point out the essential and procedural differences between the proposal, the initiative and the constitutional complaint, especially analyzing the purpose of retaining the institute of the initiative in the light of the existence of the constitutional complaint and the fact that the initiative does not imply the automation of the initiation of proceedings. The dilemma that the article opens concerns the possibility that in the case of abolishing the initiative as an institution accessible to all, is it possible to preserve the democratic culture and the participation of citizens, furthermore is it possible to abolish the fundamental institutional values and freedoms of a legal state and the rule of law? The paper opens other issues of importance for the establishment of an effective constitutional architecture that concern: the width of the circle of authorized proposers of normative control before the Constitutional Court; the dual role of the constitutional judiciary: on the one hand protection of the Constitution, constitutionality and legality, on the other hand effective protection of human and minority rights and freedoms.

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Constitutional appeal – human rights protection procedure - with particular reference to the constitutional complaint in the Republic of Macedonia

Zbornik radova Pravnog fakulteta u Splitu ◽

10.31141/zrpfs.2018.55.129.625 ◽

2018 ◽

Vol 55 (3) ◽

pp. 625-638

Author(s):

Dejan Saveski

Keyword(s):

Negative Impact ◽

Constitutional Court ◽

Human Rights Protection ◽

Rights Protection ◽

Republic Of Macedonia ◽

Legal Remedy ◽

The Republic ◽

Primary Base ◽

Constituent Elements ◽

Western Democracies

In this text, the author examines the historical aspects of the constitutional complaint, analyzes the genesis of its implementation in the legal systems, first of all, the states representing Western democracies. Furthermore, it seeks to answer the question whether the constitutional complaint is properly detected as a legal remedy or a remedy. It should be borne in mind that the definitive definition arises and is ultimately determined by the position of the constitutional court in the system of state power. Special attention is paid to the attempt to implement the constitutional complaint and the legal order of the Republic of Macedonia. The author through a brief review carries out a critical analysis of the constituent elements of the constitutional complaint that the new one predicts Draft amendment to amend the Constitution of the Republic of Macedonia. Particular attention is drawn to paragraphs 2 and 3 of the Draft Amendment XXXIX from the aspect of the negative impact they perform on the position of the Constitutional Court, displacing it from the primary base with the implementation and the regular appeal.

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