Decision of the Constitutional Court of the Republic of Macedonia off 08.04.1998


Everybody has a right to express his own political belief, as well as to associate freely and found a political party, provided that its activities are not focused toward violent destruction of the constitutional system of the Republic of Macedonia, or toward supporting or calling for war or aggression or inflaming national, racial or religious hatred or intolerance.


Several natural persons lodged petitions with the Constitutional Court challenging the constitutionality and legality of the programs and statutes of the Albanian minority’s political parties -"The Party for Democratic Prosperity of Albanians" (PDPA) and "National Democratic Party" (NDP), as well as their functioning..

According to the applicants, the necessity of reviewing the constitutionality and legality of the Albanian minority’s political parties arises from their establishment on an ethnic basis with programmes and statutes focused toward inflaming national hatred and religious intolerance.

In light of the previously determined actual situation and the analysis of the programs’ and statutes’ content, the Court considered that there is no constitutional basis for interpreting these acts as unconstitutional and illegal.

The aforementioned texts define the political parties in question as open ones for all citizens no matter what their national, religious or social affinities, and as parties which advocate total citizen and national equality, democratic prosperity of the Republic and the growth of general principles of market economy and political democracy and pluralism, respect of basis human rights and freedoms, decentralization and demilitarization of the country etc.

Among other things, PDPA advocates setting up a basis in the system for free use of the mother tongue; the promotion of the Albanian language as an official one in the Republic of Macedonia; the continuation of the persistent efforts of the Albanians in the region for political identity, systematic equality and dignity; lawful regulation of free use of the national symbols and celebration of historical events characteristic to each national, cultural or religious community etc.

Regarding the above, the Court ruled that there is no objective reason for starting a procedure for reviewing the constitutionality and legality of the programs and statutes of the PDPA and NDP.

The Court rejected the petitions for judging the conformity of these programmes and statutes with the provisions stipulated in the Law for political parties, as well as the functioning of PDPA and NDP, specifying that these issues are beyond its scope and competence.