The VMRO-DPMNE initiative on the chaos with passports did not pass the Constitutional Court
The initiative of VMRO-DPMNE regarding the chaos that occurred with the citizens' passports and personal documents did not pass before the Constitutional Court. The constitutional judges decided not to initiate proceedings for the initiative that was submitted back in February, with which the party challenged an article of the Law on Travel Documents and requested the Court to review whether the citizens, by not being able to obtain passports and ID cards for months and unable to travel, their constitutionally guaranteed rights to free movement and other freedoms and rights guaranteed by the Constitution have been violated.
However, as suggested by the reporter judge, Jadranka Dabović, and none of the constitutional judges ruled "against", Article 3 of the Law on Amendments and Supplements to the Law on Travel Documents does not contradict the Constitution.
According to the notifying judge, for this case the deadline given for changing the documents until February 12, 2022 is in line with the constitutional amendments from the Prespa Agreement that was voted in 2019, an international agreement that changed the constitutional name to "Republic of North Macedonia", so personal documents had to be changed as well.
As Dabović explained, the court only evaluates the constitutionality of the disputed article, but is not competent for the inadequate implementation, and as arguments he pointed out that the citizens had a deadline of two years and seven months to replace their personal documents, there was a covid-crisis, and on whether they were informed or not Constitutional declared himself incompetent.
According to the initiative submitted by the party, the state itself declared the expiration date of the validity of the travel documents on the printed forms, at the moment of issuing each travel document, and then changed it by law to the direct detriment of the citizens.
It was stated that the expiry of the period of validity earlier than the declared period of the documents by the state puts the citizens in a state of lost legal protection and legal security. The petitioner also claims that with the change in the date of validity, all persons who obtained a travel document in the period from July 2014 to July 2021 (when the contested law enters into force) are placed in an unequal/discriminated position, compared to all other persons. because they are obliged to reissue a travel document at their own double expense. This means that for the same service, some citizens pay twice, regardless of the fact that they conscientiously and responsibly changed their documents.
According to the allegations in the initiative, due to the operational and technical impossibility of issuing hundreds of thousands of travel documents within the stipulated period until February 12, 2024, even under the condition that all persons apply by the stated deadline, the administrative services of the Ministry of Internal Affairs will not be able to to produce all these documents within the specified period.
- The petitioner claims that hundreds of thousands of citizens will not be able to leave the Republic and return to it after the specified date, and the same will have an effect on their freedom of movement, as well as on economic turnover in the country. Due to the incredible congestion when applying and picking up the documents, citizens are forced to additionally defend their own moral integrity from various forms of humiliating behavior of the institutions, but also of citizens who, in order to exercise their own rights, violate the rights of others, the initiative wrote.