Info
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: Constitution:
Article 2:
Sovereignty in the Republic of Macedonia derives from the citizens and belongs to the citizens.The citizens of the Republic of Macedonia exercise their authority through democratically elected Representatives, through referendum and through other forms of direct expression.
Article 71:
The right to propose adoption of a law is given to every Representative of the Assembly, to the Government of the Republic and to a group of at least 10,000 voters. The initiative for adopting a law may be given to the authorized instances by any citizen, group of citizens, institutions or associations.
Article 73
The Assembly decides on issuing notice of a referendum concerning specific matters within its sphere of competence by a majority vote of the total number of Representatives. The decision of the majority of voters in a referendum is adopted on condition that more than half of the total number of voters voted. The Assembly is obliged to issue notice of a referendum if one is proposed by at least 150,000 voters. The decision made in a referendum is binding.
Source: Constitution of the Republic of North Macedonia, art. 2, 71, 73:
https://www.sobranie.mk/the-constitution-of-the-republic-of-macedonia-ns_article-constitution-of-the-republic-of-north-macedonia.nspx
Verified: 2024/11/20
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: Constitution:
Article 74:
The Assembly makes decisions on any change in the borders of the Republic by a two-thirds majority vote of the total number of Representatives. The decision on any change in the borders of the Republic is adopted by referendum, in so far as it is accepted by the majority of the total number of voters.
Article 120: The decision of association in or dissociation from a union or community is adopted if it is upheld in a referendum by the majority of the total number of voters in the Republic.
Law on Referendum:
Article 23: Referendum at state level must be scheduled for adopting a decision in the Assembly for changing
the border of the Republic of Macedonia and for decision on joining in or joining out of an
association or community with other states.
Source: Constitution of the Republic of North Macedonia, art. 74 and 120.
https://www.sobranie.mk/the-constitution-of-the-republic-of-macedonia-ns_article-constitution-of-the-republic-of-north-macedonia.nspx
Law on Referendum and civil initiative, art. 23:
https://legislationline.org/sites/default/files/documents/a9/NMAC_on%20referendum.pdf
Verified: 2024/11/20
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: Constitution:
Article 73:
The Assembly decides on issuing notice of a referendum concerning specific matters within its sphere of competence by a majority vote of the total number of Representatives. The decision of the majority of voters in a referendum is adopted on condition that more than half of the total number of voters voted. The Assembly is obliged to issue notice of a referendum if one is proposed by at least 150,000 voters. The decision made in a referendum is binding.
Law on Referendum:
Article 24:
Referendum at state level may also be scheduled in case of a need of ratification of international
agreements and other issues within the competence of the Assembly (previous referendum) and
decisions adopted by the Assembly or for the purpose of citizens stating their opinion regarding
other issues the Assembly has already decided upon (additional referendum).
Article 25:
Referendum at state level may be scheduled for issues that shall be regulated by law (previous
referendum) or for the purpose of re-evaluating a law being previously adopted (additional
referendum).
Article 26:
For issues of broader significance to the citizens and the Republic a consultative referendum may be announced.
The decision made on the consultative referendum shall not oblige the Assembly.
Source: Constitution of the Republic of North Macedonia, art. 73.
https://www.sobranie.mk/the-constitution-of-the-republic-of-macedonia-ns_article-constitution-of-the-republic-of-north-macedonia.nspx
Law on Referendum and other forms of direct vote of citizens, art. 24-26:
https://legislationline.org/sites/default/files/documents/a9/NMAC_on%20referendum.pdf
Verified: 2024/11/20
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
a . Yes
Comments: Constitution:
Article 73:
The Assembly is obliged to issue notice of a referendum if one is proposed by at least 150,000 voters.
Law on Referendum:
(1) Citizens’ initiative shall be a form of direct vote of the citizens when deciding by raising initiatives
with the Assembly of the Republic of Macedonia, the councils of the municipalities, the City of
Skopje and the municipalities in the city of Skopje.
(2) Citizens’ initiative may be started for submitting a proposal on amending the Constitution of the
Republic of Macedonia (hereinafter: the Constitution), proposal on adopting law and initiation of a
referendum at state level (hereinafter: citizen’s initiative at state level).
(3) Citizens’ initiative may be started even for adopting particular regulation of the municipalities,
the City of Skopje and the municipalities of the city of Skopje for settling particular issues within the
competence of the councils of the municipalities, the City of Skopje and the municipalities of the city
of Skopje and for scheduling a referendum at local level (hereinafter: citizens’ initiative at local
level).
Source: Constitution of the Republic of North Macedonia, art. 73.
https://www.sobranie.mk/the-constitution-of-the-republic-of-macedonia-ns_article-constitution-of-the-republic-of-north-macedonia.nspx
Law on Referendum and other forms of direct vote of citizens, art. 3:
https://legislationline.org/sites/default/files/documents/a9/NMAC_on%20referendum.pdf
Verified: 2024/11/20
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments: Constitution:
Article 71:
The right to propose adoption of a law is given to every Representative of the Assembly, to the Government of the Republic and to a group of at least 10,000 voters. The initiative for adopting a law may be given to the authorized instances by any citizen, group of citizens, institutions or associations.
Law on Referendum:
Article 66 2
(1) Citizens’ initiative at state level shall be started on a proposal of 100 citizens.
(2) The citizens’ initiative at state level shall be conducted in regard to issues referred to in Article 3
paragraph (2) of this Law.
(3) The proposal for raising citizens’ initiative at state level shall be lodged by an authorized proposer
and it shall refer to an issue within the competence for deciding of the Assembly.
(4) An authorized proposer, in terms of paragraph (3) of this Article, shall be the first signatory of the
proposal for raising citizens’ initiative.
Article 67
(1) The proposal for raising citizens’ initiative at state level shall be submitted to the president of the
Assembly.
(2) When the president of the Assembly shall determine the initiative to be in accordance with
Article 66 of this Law, (s)he shall notify the authorized proposer for it within three days
Source: Constitution of the Republic of North Macedonia, art. 71.
https://www.sobranie.mk/the-constitution-of-the-republic-of-macedonia-ns_article-constitution-of-the-republic-of-north-macedonia.nspx
Law on Referendum and other forms of direct vote of citizens, art. 66-68:
https://legislationline.org/sites/default/files/documents/a9/NMAC_on%20referendum.pdf
Verified: 2024/11/20
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments: Article 28
(1) Referendum at state level cannot be scheduled for issues that refer to the Budget of the Republic
of Macedonia and the final account of the Budget, public expenditures, the reserves of the Republic
of Macedonia, the issues on elections, the appointments and the dismissals and amnesty.
Source: Law on Referendum and other forms of direct vote of citizens, art. 28:
https://legislationline.org/sites/default/files/documents/a9/NMAC_on%20referendum.pdf
Verified: 2024/11/20
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
b . Sometimes binding
Comments: Constitution:
Article 73:
The decision made in a referendum is binding.
Law on Referendum:
Article 27
For the purpose of prior consultation with the citizens regarding issues of wider importance for the
Republic of Macedonia, referendum at state level may be scheduled for consulting the citizens
(referendum for consultation).
Article 29
(1) The decision for changing the border of the Republic of Macedonia and the decision for joining in
and joining out of an association or community with other states shall be adopted at referendum if
the majority of the total number of citizens registered in the Electoral list has voted them at the
referendum.
(2) The decision referred to in paragraph (1) of this Article adopted at referendum shall be
compulsory
Source: Constitution of the Republic of North Macedonia, art. 73.
https://www.sobranie.mk/the-constitution-of-the-republic-of-macedonia-ns_article-constitution-of-the-republic-of-north-macedonia.nspx
Law on Referendum and other forms of direct vote of citizens, art. 27 and 29:
https://legislationline.org/sites/default/files/documents/a9/NMAC_on%20referendum.pdf
Verified: 2024/11/20
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: Constitution, Article 120: A proposal for association in a union or community with other states or for dissociation from a union or community with other states may be submitted by the President of the Republic, the Government or by at least 40 Representatives. The proposal for association in or dissociation from a union or community with other states is accepted by the Assembly by a two-thirds majority vote of the total number of Representatives. The decision of association in or dissociation from a union or community is adopted if it is upheld in a referendum by the majority of the total number of voters in the Republic.
Law on Referendum:
Article 24
Referendum at state level may also be scheduled in case of a need of ratification of international
agreements and other issues within the competence of the Assembly (previous referendum) and
decisions adopted by the Assembly or for the purpose of citizens stating their opinion regarding
other issues the Assembly has already decided upon (additional referendum).
Article 3
(1) Citizens’ initiative shall be a form of direct vote of the citizens when deciding by raising initiatives
with the Assembly of the Republic of Macedonia, the councils of the municipalities, the City of
Skopje and the municipalities in the city of Skopje.
(2) Citizens’ initiative may be started for submitting a proposal on amending the Constitution of the
Republic of Macedonia (hereinafter: the Constitution), proposal on adopting law and initiation of a
referendum at state level (hereinafter: citizen’s initiative at state level).
(3) Citizens’ initiative may be started even for adopting particular regulation of the municipalities,
the City of Skopje and the municipalities of the city of Skopje for settling particular issues within the
competence of the councils of the municipalities, the City of Skopje and the municipalities of the city
of Skopje and for scheduling a referendum at local level (hereinafter: citizens’ initiative at local
level)
Source: Constitution of the Republic of North Macedonia, art. 120:
https://www.sobranie.mk/the-constitution-of-the-republic-of-macedonia-ns_article-constitution-of-the-republic-of-north-macedonia.nspx
Law on Referendum and other forms of direct vote of citizens, art. 3 and 24:
https://legislationline.org/sites/default/files/documents/a9/NMAC_on%20referendum.pdf
http://aceproject.org/regions-en/countries-and-territories/MK/links/law-on-referendum-and-civil-initiative
(2016)
Verified: 2024/11/20
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: Constitution:
Article 115:
In units of local self-government, citizens directly and through representatives participate in decision-making on issues of local relevance particularly in the fields of urban planning, communal activities, culture, sport, social security and child care, preschool education, primary education, basic health care and other fields determined by law.
Article 117: In the City of Skopje, citizens directly and through representatives participate in decision-making on issues of relevance for the City of Skopje particularly in the field of urban planning, communal activities, culture, sport, social security and child care, preschool education, primary education, basic health care and other fields determined by law.
Law on Referendum :
Article 82
(1) The gathering of citizens shall be called for the purpose of citizens stating their opinion on
particular issues being relevant to the local self-government and for the purpose of initiation of
initiatives regarding the settlement of issues with local importance.
(2) At the gathering the citizens shall consider issues, take stands and make proposals upon issues of
direct and everyday importance for the life and the work of the citizens in the municipality region
that is the local self-government
Source: Constitution of the Republic of North Macedonia, art. 115 and 117.
https://www.sobranie.mk/the-constitution-of-the-republic-of-macedonia-ns_article-constitution-of-the-republic-of-north-macedonia.nspx
Law on Referendum and other forms of direct vote of citizens, art. 82-85:
https://legislationline.org/sites/default/files/documents/a9/NMAC_on%20referendum.pdf
Verified: 2024/11/20
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