Basic information | Substance of the ruling | Accessibility of the case and further relevant links | |||||||
Date | Name of the case (or case number) | The body delivering the decision | Keywords, topic | Executive part | Brief summary | Full text | Page at the website of the issuing court | Page in other databases | Unofficial materials, press communications |
February 16. 2022. | Decision No. У.бр.101/2021 | Constitutional Court of North Macedonia | Vaccination; freedom of movement | The Constitutional Court of North Macedonia held, that the exclusion of non-vaccinated or non-recovered persons from a number of public places meant a constitutional restriction on freedom of movement. | The Constitutional Court of North Macedonia heard a case concerning the limitation of freedom of movement as regard non-vaccinated and non-recovered persons in the country. Access denied for a number of public places unless one could show a vaccination certificate or a certificate of recovery from Covid-19 within 45 days. The claimants considered that this amounts to an unnecessary limitation of freedom of movement. The Constitutional Court said, that in the light of the extra-ordinary public health concerns, the state intervention was reasonable, the law didnot impose a vaccination duty on the citizens, decision was left for individuals to decide from vaccination. Therefore, the implemented measure was constitutional. | https://www.covid19litigation.org/case-index/macedonia-constitutional-court-republic-north-macedonia-decision-no-ubr1012021-2022-02 | |||
December 22. 2021. | Decision No. 304/2021 | Constitutional Court of North Macedonia | Freedom of movement; equality; sovereignty; legal security | The Constitutional Court of North Macedonia held that the order of restrictions until the decision of the World Health Organization from the end of the global pandemic is in compliance with the Constitution. | The claimants held that the restrictions implemented due to the global pandemic violated the principle of sovereignty, equality, legal security and the right to free movement. According to the submission, only the beginning of the measures was determined clearly, the law did not specify the end of these extraordinary state interventions. The law prescribed, that it would remain in effect unless the World Health Organization would declare the end of the global pandemic. The complaint stated, that the reference to the decision of an international body meant an unconstitutional limitation on sovereignty, which resulted in legal uncertainty and inequality amongst citizens. The Constitutional Court rejected these arguments and upheld the impugned measures: the WHO is responsible for the global monitoring of the public health situation, but it is the independent decision of the national legislation to take into account the communications of this international organization. Therefore, the sovereignty of North Macedonia was not concerned. | https://www.covid19litigation.org/case-index/macedonia-constitutional-court-republic-north-macedonia-decision-no-ubr3042021-2021-12 | |||
April 28. 2020. | Decision No. 49/2020 | Constitutional Court of North Macedonia | Labor law; right to equality | The Constitutional Court of North Macedonia nullified a law reducing the payment of certain public servants during the public health emergency. | The Constitutional Court of North Macedonia heard a case concerning the constitutionality of a governmental decision reducing the salary of certain public servants during the public health emergency including employees from the field of education, culture, social and child protection. The measure was not applicable to public health workers, to the employees of the Ministry of Defence, of the Ministry of Internal Affairs and to the members of the Cabinet. The claimants alleged the violation of right to equality and held this legislation discriminatory. The Constitutional Court agreed with the complainants and set the impugned law aside. The Government overstepped its constitutional competence when it reduced the payment of certain public employees, while the differentiation between certain groups of public sector workers amounted to discriminatory treatment. | https://ustavensud.mk/?p=19025 | https://www.covid19litigation.org/case-index/macedonia-constitutional-court-republic-north-macedonia-no-492020-2020-04-28 |