Balkan Time | The former president of the American Association of Young Men, Murad, has assessed potential constitutional changes in the country.

Home » Balkan Time | The former president of the American Association of Young Men, Murad, has assessed potential constitutional changes in the country.
Balkan Time |  The former president of the American Association of Young Men, Murad, has assessed potential constitutional changes in the country.

The former President of the Constitutional Court of North Macedonia, Salih Murat, assessed the constitutional amendments, which are necessary for the EU membership negotiations in the country, in his analysis, in all its dimensions. We present to you the seventh and final part of the analysis we published yesterday.



Macedonia should make constitutional amendment mandatory. Changes must take place in a calm and transparent environment. As a method and approach, a constitutional amendment must be made that is real, objective, respectful of acquired rights, affirms national pluralism, cultural pluralism, linguistic pluralism, and religious pluralism, objectively seeing it, leading it and defending it. While these changes are being made, historical and practical realities will not be avoided and it will be necessary to deal with these realities.

One of the founding principles of the constitution, the principle of equality, the rule of law, the formalities of languages ​​and their use, fair representation and proportionality, the equal approach to freedom of religion and conscience, the right to education in the mother tongue, an understanding of the family that does not conflict with customs, the use of national symbols, equality and justice in cultural values. Protection , a fair development plan, a single electoral unit, more independence from the central political system of local administrations, and respect for other international principles.

The State of Macedonia is obligated to comply with these and similar values ​​in accordance with international law. And since all international agreements and decisions of the European Court of Human Rights go in this direction, according to our constitution, our state is obligated to comply with it. Macedonian political elements have only one thing to do and that is to introduce a democratic constitution that protects the rule of law with fair and objective approach.

Our new constitution aims to build the future of North Macedonia, which will be home to all societies, as a free, democratic and peace-loving country, to create a country of equal societies that guarantees rights and freedoms for every society and equality of all members of society before the law. It should be a peaceful country and a constitution should be introduced in which the country of North Macedonia contributes to the stability of the region and Europe by establishing good neighborly relations and cooperation with all neighboring countries.

In this sense, the Republic of Macedonia should clearly reflect that it is multinational, democratically governed, community, and has its own legislative, executive and judicial institutions, in full compliance with the principle of the rule of law. On the other hand, the public authority of the Republic of Macedonia should be implemented with full respect for human rights and fundamental freedoms recognized by the international community, based on the principle of equality of all individuals before the law and the protection and participation of all communities and the rights of their members.

The constitutional system of the Republic of Macedonia is freedom, peace, democracy, equality, respect for human rights, rule of law, absence of discrimination and assimilation, objective approach to separation of powers, transition to integration, property rights, social justice, pluralistic democracy, sharing of state powers and market economy, it must There shall be a constitution that defends and includes a system based on its principles.

Our state flag, coat of arms and national anthem, especially the national symbols, must be transformed into state symbols that reflect the multi-ethnic structure of the Republic of North Macedonia and must include these common values. With a superior approach, care should be taken to ensure the substantive use of the national symbols of other societies.

The Republic of North Macedonia should put an end to the problems of human rights and fundamental freedoms stipulated in this Constitution and should be responsible for ensuring its security by protecting these values.

It is everyone’s duty to respect the human rights and fundamental freedoms of others. It must be clearly stated in the constitution that the right of everyone to personal and social liberty and security is guaranteed.

Society members must have the right to express, nurture and develop their identities and selves. The Republic of Macedonia must ensure that communities and their individuals provide the necessary conditions for preserving, securing and developing their identities. The government should also support the cultural initiatives of the community and its people, including financial aid.

The Republic of North Macedonia will promote an atmosphere of tolerance and dialogue, promote reconciliation between communities and respect for the standards set by the Council of Europe Framework Convention on National Communities and the European Declaration on Regional and Minority Languages ​​(this declaration, signed as soon as possible, must be ratified in our Assembly ).

The Republic of North Macedonia should clearly and clearly envisage all necessary measures in its constitution to protect persons and groups who are excluded because of their national, ethnic, cultural, linguistic or religious identities, and who may be subjected to threats, discrimination, hostility or violence.

The Republic of Macedonia shall take appropriate measures, if necessary, to promote full and effective equality among the members of society in all spheres of economic, social, political and cultural life.

The Republic of North Macedonia shall promote the preservation of the religious and cultural heritage of all communities as a structural part of the Macedonian heritage. RM should have a separate task to ensure the effective protection of the integrity of buildings and artifacts of cultural and religious significance to the communities.

  • K. Macedonia shall take effective measures against anyone who interferes with the enjoyment of the rights of the members of the community.”

The Republic of Macedonia shall take effective measures against anyone who interferes with the enjoyment of the rights of the members of society. The Republic of North Macedonia will refrain from policies and practices aimed at assimilation against the will of the members of the community, and shall protect these persons from all kinds of activities aimed at assimilation.

The Republic of Macedonia should ensure, based on non-discriminatory principles, that all communities and their members enjoy the rights stipulated in this Constitution.

In this context, it is necessary to supervise the use of these rights and principles by constructive institutions that will be sanctioned, find solutions, find solutions with objective reports, remove potential obstacles, and bring legal and penal investments against institutions and authorities. This behavior is irresponsible.

If these rights and principles are not protected within this framework, I am afraid there will be no change in the devastation we have witnessed in the past 30 years and the damage to the rule of law. These rights will be enforceable in practice only if and only if they are set out at the highest level in the Constitution and their use is guaranteed by protective mechanisms.

Finally, in our article, we have tried to deal with the constitution from different angles and perspectives, as well as personal and social rights, duties, powers, and institutions in the constitution. We have emphasized a fair constitutional order and as a society we desire it. Due to time constraints, we have tried to cover the main issues in the outline. In our article, we did not mention the classic articles, but rather we expressed rights and freedoms in the articles and tried to interpret and read them from the perspective of Turkish society. We tried to show an objective position. With classical constitutional interpretations, we have referred to existing rights and freedoms not only in terms of the constitution, but also in terms of the laws that contain these rights. We tried to read and understand together. Our recommendations should not refer to classic article content, but should be viewed as a broader perspective.

In short, we have tried to explain the topic with practical examples by considering the importance, content and weight of the Preamble to our Constitution and the Constitution’s founding principles for Turkish society. In our articles, we have explained some facts from the principle of equality to the separation of powers and from the rule of law to its achievements. From the formalities and use of languages ​​to their current state, we have tried to propose solutions with comparative examples. We discussed the problems, problems and suggestions raised by the issue of fair and proportional representation. of an equal approach to freedoms of religion and conscience; We made suggestions from the right to education in the mother tongue, from the gap in the constitution to its importance for our society, from problems to practical solutions.

We made clear suggestions about understanding the family that do not contradict customs and traditions; the use of national symbols and the equal and fair protection of cultural values; We emphasized a fair development plan, one electoral unit, equality of votes in terms of quality and impact, and electoral models. We discussed aspects of granting more independence to local administrations from the central political system, and the powers of municipalities and their effectiveness in representation. On the other hand, we have tried to address the more democratic and pluralistic institutional structure of our constitution with other articles. By addressing the importance and achievements of the constitutional judiciary, we have tried to express the need to deal with our constitution in relation to other international principles in this and similar context.

The sole purpose of this study and analysis of the Constitution was to raise our nation’s awareness of a possible higher legislative and constitutional amendment, to share with our nation the threats we foresee, and to inform our kin about issues such as how to advance rights and freedoms.

In our 7-part series of articles, I have shared with you the issues that must be considered for the benefit of all states in the country, especially the Turks, during the constitutional amendment process, which has become essential to the country’s EU membership process.

We would like a constitution that defends and incorporates these values ​​and principles.

part One:

Part two:

the third part:

the fourth chapter:

Section Five:

Chapter six:

Random Post