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THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA
Sobranie (Assembly of the Republic) PARLIAMENTARY OVERSIGHT

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Parliament name (generic / translated) Sobranie / Assembly of the Republic
Structure of parliament Unicameral
POLITICAL SYSTEM
Type of political regime parliamentary
Notes Executive power is shared between the President of the Republic and the government.
Head of the executive Prime Minister
Notes Executive power is vested foremost in the government, which exercises its rights and competence on the basis and within the framework of the Constitution and law (Article 88 of the Constitution). The government is composed of a Prime Minister and other ministers.
Method for appointing the executive The President is directly elected by universal suffrage (Article 80 of the Constitution). The President is obliged, within 10 days of the constitution of the Assembly, to entrust the mandate for forming a government to a candidate from the party or parties which have a majority in the Assembly (Article 90 of the Constitution). Within 20 days from the day of being entrusted with the mandate, that person submits a programme to the Assembly and proposes the formation of a government, which is then appointed by the Assembly on this basis by a majority vote of the total number of deputies.
Term of office of the executive and coincidence with the term of the legislature The President is elected for a term of five years (Article 80 of the Constitution). A person may be elected President twice only. The term of the government coincides with that of the legislature of a maximum of four years (Article 63 of the Constitution)
Incompatibility of the functions of member of the executive and member of Parliament Yes The Prime Minister and other ministers cannot be members of the Assembly (Article 89 of the Constitution). If a parliamentarian is elected as member of government, his or her mandate terminates on the day of his or her election.
Dissolution of Parliament Yes
  • Circumstances
 The Assembly may be dissolved if all its members so decide.
  • Modalities
 Elections to the Assembly are held within the last 90 days of the term of the current Assembly, or within 60 days from the day of dissolution of the Assembly (Article 63 of the Constitution). Between 1990 and 2000, no dissolution of the Assembly occurred.
ACCOUNTABILITY
Accountability of Government to Parliament Yes The government and each of its members are accountable to the Assembly (Article 92 of the Constitution).
Modalities of oversight
  • Oral and written questions of parliamentarians
 An interpellation may be made regarding the work of any public official, government and any of its members individually, as well as on issues concerning the performance of state bodies (Article 72 of the Constitution). An interpellation requires a minimum of five representatives. In addition, all representatives have the right to ask a representative's question. The mode and procedure for submitting and debating an interpellation and representative's question are regulated by the rules of procedure.
  • Government reports to Parliament
 The President addresses the Assembly on issues within his or her sphere of competence at least once a year (Article 85 of the Constitution), but the government is not obliged to submit annual reports on its activities to the Assembly.
Measures
  • Vote of confidence on Government programs and/or legislative proposals
 In accordance with Article 90 of the Constitution, the Assembly elects the Government on the proposal of the Prime Minister, and on the basis of the Prime Minister's programme. The Assembly does not vote separately on the Prime Minister's programme. With the election of the Government, it is considered that the programme too is adopted. The Government does not submit any other programmes to the Assembly for adoption.
Motions of censure and votes of no confidence (sub-report)
  • Circumstances
 The Assembly may pass a vote of no confidence in the entire government (Article 92 of the Constitution), or, on the proposal of the Prime Minister, in a member of the government (Article 93 of the Constitution).
  • Modalites
 A vote of no confidence in the government may be initiated by a minimum of 20 representatives. The vote is taken after three days have elapsed from the day it was tabled, and another such vote may not be proposed before 90 days have elapsed, unless proposed by a majority of all representatives. A vote of no confidence in government is adopted by a majority vote of all representatives. The Assembly decides on a proposal for the dismissal of a member of the government at its first meeting following that proposal.
  • Consequences
 If a vote of no confidence in the government is passed, it is obliged to submit its resignation. If the Prime Minister dismisses more than one third of the initial cabinet, the Assembly follows the same procedure as for the election of a new government. Five motions of censure against the government were tabled by opposition parties between 1990 and 2000. The government once raised the question of confidence. One vote of no confidence was accepted in the Assembly. In addition, eleven votes of no confidence have been adopted against government ministers.
Dismissal and/or impeachment of Government and other public officials (sub-report)
  • Circumstances and persons concerned
 The President of the Republic is granted immunity, but he or she may be held accountable for any violation of the Constitution in exercising his or her rights and duties (Article 87 of the Constitution).
  • Modalites and procedure
 Decisions on the answerability of the President or for the dismissal from office of the President are the official duty of the Constitutional Court. The court decides by a two-thirds majority vote of the total number of Judges on any case for violation of the Constitution, withdrawal of immunity and approval of detention for the President.
  • Consequences
 If the Constitutional Court considers the President answerable for a violation, his or her mandate is terminated forthwith. In case of death, resignation, permanent inability to perform his or her duties, or in case of termination of the mandate, the office of President is carried out by the President of the Assembly until new elections (Article 82 of the Constitution). While the President of the Assembly is performing the office of President of the Republic, he/she takes part in the work of the Assembly without the right to vote.
  • Have these procedures been applied?
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
Oversight over the actions of the Government administration Yes The state administration bodies perform their duties autonomously and on the basis and within the framework of the Constitution and laws, being accountable for their work to government (Article 96 of the Constitution). The government collectively and ministers individually are accountable to the Assembly for their actions. The Assembly carries out political oversight of the government and other holders of public office responsible to it.
Means and modalities of oversight
  • Hearings in Committees
 The government's accountability to the parliament is brought into play by holding hearings in committees.
  • Committees of inquiry and missions to Government departments
 The Assembly may set up committees of inquiry for any domain or any matter of public interest (Article 76 of the Constitution). Such a proposal must be submitted by a minimum of 20 representatives. The Assembly sets up a permanent committee of inquiry for the protection of the freedoms and rights of citizens. The findings of the committee form the basis for any initiation of proceedings to ascertain the answerability of public officials.
  • Oral and written questions of parliamentarians
 Parliamentarians can ask oral questions before and during a session, or submit them in writing between sessions. As a rule, members of the government answer oral questions immediately and written questions within 15 days from the day they were tabled. If a parliamentarian is not satisfied with an answer, he has the right to ask a supplementary question. A parliamentarian may, after receiving an answer, propose a debate on the issue. The Assembly then decides whether to hold a debate on the issue.
  • Role of Parliament in the appointment of senior Government officials
 Not applicable
  • Activity reports of the Government administration and of public services or establishments
 State-owned companies, founded by the Assembly, are obliged to submit reports on their activities to the Assembly.
  • Representation of Parliament in governing bodies of the Government administration
Many parliamentarians are members of administrative bodies of state-owned companies or public institutions. They are appointed by the Assembly and they participate in the work of these bodies.
Existence of an ombudsman Yes
  • Method for appointing the executive
 The Ombudsman is referred to as the Public Attorney. The Public Attorney is elected by the Assembly for a term of eight years, with the right to one re-election (Article 77 of the Constitution).
  • Relationship to Parliament
The Public Attorney protects the constitutional rights and legal rights of citizens when these are violated by state administrative bodies or by other bodies and organizations with public mandates. He or she gives particular attention to safeguarding the principles of non-discrimination and equitable representation of communities in public bodies at all levels and in other areas of public life. The Public Attorney submits an annual report on his or her work to the Assembly.
BUDGETARY OVERSIGHT
Consultation of Parliament in the preparation of the national budget No The government proposes the budget of the Republic for adoption by the Assembly (Article 91 of the Constitution).
Modalities of oversight
  • Examination of the budget / finance act by Parliament
 The Assembly adopts the budget and the balance of payments of the Republic (Article 68 of the Constitution).
  • Reports on the budget / finance act by Committees
 Not available
Fields overseen
  • Defence budget
 The parliament exercises oversight over all public funds.
  • Budget of special departments
 Not available
  • Role of Parliament in national development plans
 National plans for development are prepared and implemented by the government, without the participation of the parliament.
Parliament's deadline for the examination and adoption of the budget / finance act The budget must be adopted before the start of the new financial year, or before 31 December.
Consequences of failure by Parliament to adopt the budget / finance act If the budget is not adopted on time, the ministry of finance makes payment of assets from the budget according to positions, but not more than a third of the expenses made in the fourth quarter of the previous fiscal year, for each month, but not beyond 31 March in the next year.
Budgetary autonomy of Parliament No There is a special section in the budget of the Republic for the Assembly, and the assets are spent in accordance with the previously determined financial plans.
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
Evaluation of Government spending
Parliament approves Government expenditures annually Yes The government submits an annual report on its spending when the final accounts of the budget are adopted by the Assembly.
Parliamentary oversight of public companies No Not applicable
Modalities of oversight
  • Body for auditing the Government's books and method for appointing
 The state revision bureau audits the government's books.
  • Reports of the public auditor's office
 Auditing is done continuously throughout the year, but is obligatory once a year for the budget. The state revision bureau submits an annual report to the Assembly for all auditing done during the year, and not later than seven months after the bureau receives the annual financial reports.
  • Specialised committee
 Not applicable
OVERSIGHT OVER FOREIGN POLICY
Foreign Relations Committee (sub-report)
  • Functions of the Committee
 The parliament exercises oversight over foreign policy through the foreign policy committee.
  • Powers of the Committee
 The committee considers issues regarding foreign policy and relations with other States or organisations, joining or resigning from alliances or unions with other States or organisations, and considers negotiations of international agreements.
  • Composition of the Committee
 Not available
  • Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
 The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.
  • Plenary debates on foreign policy issues
 The parliament exercises oversight over foreign policy by organising plenary debates on foreign policy issues, initiated once or twice a year.
Involvement of Parliament
  • Participation of Parliament in inter-governmental meetings
 The parliament can take the initiative to send parliamentary delegations to intergovernmental meetings.
  • Modalities and procedures for ratifying international treaties and agreements (sub-report)
 International agreements are concluded by the President or the government (Article 119 of the Constitution). The latter proposes international treaties to the Assembly for ratification (Article 68 of the Constitution). Ratification of international treaties by the Assembly is mandatory. A decision of association or dissociation concerning membership in international organisations is adopted by the Assembly by a majority vote of the total number of representatives, if proposed by the President, the government or at least 40 representatives.
  • Other mechanisms for participation in foreign policy by Parliament
In addition to the above, the Assembly has established a committee on European and Euro-Atlantic integration, which oversees the process of integration of the Republic in the European Union and NATO.
OVERSIGHT OVER NATIONAL DEFENCE POLICY
National Defence Committee (sub-report)
  • Functions of the Committee
 The parliament exercises oversight over national defence policy through the committee on internal policy and defence.
  • Powers of the Committee
 The committee considers questions regarding the protection of the state stipulated by the Constitution, including citizenship, protection against natural disasters and epidemic diseases, border crossing and movement along the border lines, movement and stay of foreigners, defence of the Republic and civil protection, and other questions concerning internal policy and defence.
  • Composition of the Committee
 The committee has a chairperson, eight members elected from among parliamentarians and three other scientists and experts.
Parliamentary oversight of public arms manufacturing companies Not applicable
Circumstances and involvement
  • Modalities and procedures in case of war, an armed attack or a state of emergency
 The Assembly decides on war and peace (Article 68 of the Constitution).
  • Role of Parliament in sending troops abroad
 Not applicable
  • Other mechanisms for participation in national defence policy by Parliament
 The defence of the Republic is regulated by a law adopted by a two-thirds majority vote of the total number of representatives (Article 122 of the Republic). The Assembly can also request that the government present a report on the implementation of the decisions and the resolutions that the Assembly has adopted with regard to the implementation of the defence provisions.
STATE OF EMERGENCY
Circumstances A state of war is declared by the Assembly by a two-thirds majority vote of the total number of representatives, on the proposal of the President, government or at least 30 representatives. If the Assembly cannot meet, the decision on the declaration of a state of war is made by the President, who submits it to the Assembly for confirmation as soon as it can meet. A state of emergency on the territory of the Republic or on any part thereof is determined by the Assembly on a proposal by the President, government or at least 30 representatives. The decision to establish a state of emergency is made by a two-thirds majority vote of the total number of representatives and can remain in force for a maximum of 30 days. If the Assembly cannot meet, the decision to establish a state of emergency is made by the President, who submits it to the Assembly for confirmation as soon as it can meet.
Can parliament take the initiative to declare a state of emergency Yes
Consequences of a state of emergency for Parliament During a state of war or emergency, the term of office of the representatives is extended (Article 63 of the Constitution). During such a state, the government, in accordance with the Constitution and law, issues decrees with the force of law (Article 126 of the Constitution). The authorisation of government to issue decrees with the force of law lasts until the termination of the said state, on which the Assembly decides. During a state of war, if the Assembly cannot meet, the President may appoint and discharge the government, as well as appoint or dismiss officials whose election is within the sphere of competence of the Assembly. The mandate of the Judges of the Constitutional Court, as well as members of the Judicial Council is extended for the duration of the state of war or emergency.
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
Modalities of oversight
  • Body ruling on the constitutionality of laws
A specialised body / constitutional Court The Constitutional Court of the Republic is the body protecting constitutionality and legality (Article 108 of the Constitution). It is composed of nine Judges, who have a term of office of nine years without the right to re-election. The Assembly elects six of the Judges by a majority vote of the total number of representatives, and three of them by a majority vote of the total number of representatives, within which there must be a majority of the votes of the total number of representatives who belong to the communities not in the majority in the population. The Court elects a President from its own ranks for a term of three years without the right to re-election. Judges of the Constitutional Court are elected from the ranks of outstanding members of the legal profession.
  • Means and procedures
 The Constitutional Court (i) decides on the conformity of laws with the Constitution; (ii) decides on the conformity of collective agreements and other regulations with the Constitution and laws; (iii) protects the freedoms and rights of the individual and citizen relating to the freedom of conviction, conscience, thought and public expression of thought, political association and activity as well as to the prohibition of discrimination among citizens on the ground of sex, race, religion or national, social or political affiliation; (iv) decides on conflicts of competency among holders of legislative, executive and judicial offices; (v) decides on conflicts of competency among Republic bodies and units of local self-government; (vi) decides on the answerability of the President; (vii) decides on the constitutionality of the programmes and statutes of political parties and associations of citizens; and (viii) decides on other issues determined by the Constitution.

The court repeals or invalidates a law if it determines that the law does not conform to the Constitution. It repeals or invalidates a collective agreement, other regulation or enactment, statute or programme of a political party or association, if it determines that the same does not conform to the Constitution or law. The decisions of the Constitutional Court are final and executive.
Evaluation of laws No Not applicable
Measures

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