The constitutional judges said there was no basis to initiate proceedings for assessing the constitutionality of declaring a state of emergency by President Stevo Pendarovski on March 18. They were unanimous in their position that something that is not in legal force cannot be assessed.

 

Why talk about something that is not in legal force. The state of emergency declared on March 18 has already passed, and the initiative refers exactly to that decision of President Pendarovski, said Judge Vladimir Stojanovski, reports” SDK.mk “.

Judge Osman Kadriu said President Pendarovski’s decision was strictly constitutional and statehood, and there was no reason to initiate proceedings to assess the constitutionality of the decision.

On March 18, President Stevo Pendarovski declared a 30-day state of emergency across the entire country due to a coronavirus pandemic. Pendarovski made the decision after Parliament Speaker Talat Xhaferi notofied him that there was no Parliament, it was dissolved and could not be convened, and declared a state of emergency for a more rigorous state fight against the coronavirus pandemic. On April 16, Pendarovski made a new decision extending the state of emergency for another 30 days.

This decision is constitutionally ambiguous and there are several considerations as to whether the head of state had the right to set extend the state of emergency for another 30 days. It remains to be seen whether the Constitutional Court will state it position on the matter.