Kostadinovski: No 'sensitive' cases — deciding is the Constitutional Court's duty

Darko Kostadinovski, the president of the Constitutional Court, said the court must not treat any cases as "sensitive" or less worthy of decision — its duty is to rule. He made the remarks in the opening address at a regional conference titled "How to increase trust in constitutional courts", held under the Court's auspices and taking place today and tomorrow.

Kostadinovski warned that refusing to decide is never neutral because it allows an existing situation to continue producing legal consequences. "And when such a situation is contradictory and creates controversies, the Constitutional Court, by its non‑decision, tolerates a state of potential unconstitutionality and thus becomes complicit in the so‑called soft revision of the Constitution," he said.

He argued that avoiding rulings undermines public trust by creating the impression that there are cases the Court is unwilling to take responsibility for. Kostadinovski added that the Court's obligation to decide has prompted criticism, pressure and attempts at influence, but that in recent months it became clear political actors and state bodies could no longer rely on long‑standing institutional conveniences.

Decision on the "Balancerot" case as an example

As an example, Kostadinovski pointed to the Balancerot case, saying the Court demonstrated there are no untouchable files. "It showed courage and determination and did not hesitate to make a decision that sent a clear message to all holders of state power: the comfort you have enjoyed for decades is gone," he added.

Kostadinovski noted that visible signs of nervousness among politicians and state bodies following the Court's rulings usually indicate the Court has performed its constitutional role independently and without compromise. He said the conference focuses on strengthening independence, transparency and openness to the public, and described measures the Court has already taken: since March this year Court sessions are broadcast live, and judges regularly brief the public after each session so that decisions become fully understandable to citizens.

With a total of 239 cases registered as of last month, Kostadinovski said the Court has reached a record level compared with previous years, which he interprets as a sign of increased public trust. He also cited the European Commission's 2026 rule of law report, noting it states the Court continued to develop its capacities to protect constitutionality and legality. "The surest sign that the Constitutional Court truly fulfils its role is not the applause it receives, but the moment when holders of political power realise they can no longer count on institutional comfort and that their only limit is the Constitution," he concluded.

Photo: press material from the event