Constitutional Court: Skopje civil judge did not enforce ruling in Natasha Stojanovska case

The Constitutional Court has informed the Prosecutor’s Office and the Judicial Council that a judge at the Basic Civil Court in Skopje failed to implement its decision in the case concerning journalist Natasha Stojanovska (Decision BZSP.no.8/2025), the Court announced.

"The Constitutional Court for the first time since its establishment applied a new mechanism for enforcing its decisions, which enables the protection of its own rulings. This is provided for in the Court's Act that entered into force in September 2024. Namely, on 24 September 2025 the Constitutional Court found a violation of the freedoms and rights concerning the freedom of public expression of opinion of Natasha Stojanovska committed by two judgments (one by the Basic Civil Court Skopje of 15.06.2022 and the second by the Appellate Court Skopje of 19.12.2024) and upheld the applicant's request," the Constitutional Court said in its notice.

On 22 May 2026 the applicant’s attorney, Filip Medarski, notified the Constitutional Court that the judgment in case BZSP.no.8/2025 had not been implemented, because Stojanovska’s request to re-open the proceedings in the Basic Civil Court was rejected.

Inspection and formal finding

Following that report, the judges held a working meeting on 15 July 2026. By majority vote they decided to prepare a special ruling establishing that the Constitutional Court decision had not been executed. At the session on 22 July 2026 the Court adopted the Resolution in which it concluded that Decision BZSP.no.8/2025 was not executed, after a detailed review of Decision P4-240/22 dated 4 May 2026 issued by the judge who handled the matter at the Basic Civil Court Skopje.

"The Constitutional Court found that the first-instance (Basic Civil) court relied on provisions of the Law on Civil Procedure and stated that a Constitutional Court decision cannot serve as a basis for reopening proceedings as a new fact or evidence. However, it failed to take into account the constitutionally determined legal characteristics and legal effect of the Constitutional Court's decisions, namely their finality, enforceability and general binding force, whereby it effectively did not execute the Constitutional Court's decision," the Court added.

In its statement the Constitutional Court also recalled established practice in the Basic Civil Court, pointing to the earlier decision U.no.146/2021 of 12 July 2023. After that ruling the Basic Civil Court Skopje accepted a petition to reopen the final case MALVP-705/20 of 14.04.2021, treating the Constitutional Court decision as a new fact or evidence and a ground for reopening under Article 392(1)(9) of the Law on Civil Procedure; that approach was later endorsed by the Appellate Court Skopje in Decision GZ-118/24 of 07.11.2024.

The Constitutional Court concluded that the Basic Civil Court in Stojanovska’s case did not enable the exercise of the applicant’s constitutionally guaranteed freedoms and rights despite the Court’s finding in Decision BZSP.no.8/2025. It noted that finality and enforceability of Constitutional Court decisions are also protected by criminal sanctions where decisions are not implemented, and that any question of refusal to execute and criminal responsibility falls within the remit of the competent Prosecutor’s Office and the competent court.

The underlying case concerns events in the Assembly of the Republic of North Macedonia on 27 April 2017. Stojanovska, accredited as a journalist for TV 24 Vesti, was present to report on the election of the Assembly president; during the violent intrusion into the parliamentary building she was subjected to threats and intimidation and prevented from doing her work, without adequate protection from state authorities.

Photo: press material from the event