Constitutional Court declines to initiate proceedings regarding Electoral Code provisions

The Constitutional Court decided not to initiate proceedings to review challenged provisions of the Electoral Code, while striking down several provisions of the Law on the Academy for Judges and Public Prosecutors—with the ruling’s effect deferred until January 1, 2027, Court President DarkoKostadinovski announced following Thursday’s session.

Regarding the Electoral Code, Kostadinovski said that the majority of judges maintained the position that the matter constituted *res judicata* (a matter already adjudicated), as the same provisions had previously been subject to constitutional review.

“The Court did not initiate proceedings. Some judges remained consistent with their previously adopted stance that this constitutes *res judicata*, a matter already decided,”Kostadinovski noted.

“The majority of judges took into account the fact that the Constitutional Court had already ruled on the challenged provisions, as well as the question of whether circumstances existed that could serve as grounds for a different decision. By a majority vote, the Court decided not to accept the initiatives and not to initiate proceedings to assess the constitutionality of the challenged provisions,” reads the Court’s statement.

Kostadinovski personally holds the view that the contested provisions of the Electoral Code are unconstitutional and create unequal conditions for political entities; however, the majority of judges maintained their previously adopted position that this matter had already been decided.

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