Constitutional Court unanimously rejects SDSM challenge to migrants resolution
Judges ruled the parliamentary text contains political positions, not legal norms, and is therefore outside the court's competence.
The Constitutional Court of North Macedonia unanimously dismissed a constitutional challenge filed by SDSM against a parliamentary resolution condemning alleged opposition manipulation and reaffirming policies against illegal migration.
Judges said the text of the resolution contains political positions rather than legal norms and therefore falls outside the court's remit.
Court: no legal norm, no constitutional review
“The resolution contains not a single legal norm, all are political positions, there is no legal nature or consequence in this act that would require us to enter into an assessment. There is no content that would attract our attention,” said Judge Ana Pavlovska-Daneva.
The court also stressed that political accusations between parties are matters for other courts. “This is about quarrels among politicians and the court should not get involved in that. In the content there are only exchanges of accusations, there are other courts and let them decide whether someone is defaming someone,” said Judge Fatmir Skender.
Darko Kostadinovski, president of the Constitutional Court, added that the document must be evaluated not only by its form and wording but also by legal consequences. “I absolutely do not see any legal characteristic that can be attributed to any part of the resolution,” he said.
The resolution was adopted on the proposal of VMRO-DPMNE and ZNAM, following a series of press conferences in which SDSM alleged that the government had an agreement with the United Kingdom to accept migrants. After the Assembly vote, SDSM challenged the resolution at the Constitutional Court, arguing it violated Article 16 of the Constitution by stifling freedom of thought and amounting to censorship of dissenting voices.
Photo: press material from the event
