Constitutional fraud and the end of the future

Miroslav grunted
Miroslav Grchev. / Photo: Private archive

The court not only did not find that the procedure was violated, but also made the decision to cancel the plan because the Municipality failed to provide evidence that the announcement of the decision on the website took 15 days! And, since such evidence is not physically possible to submit, every urban plan in all municipalities in Macedonia is a potential subject for revocation.

Reliability, like the very concept of truth, is in the same way as beauty completely unnecessary in terms of the Darwinian survival of human communities. But, although they do not ensure bare survival, they also give it the value and meaning of survival. The credibility of the state institutions, on the other hand, not only gives meaning to liberal democracy, but also ensures its very existence. As a result, nations that allow their institutions to lose their credibility are inevitably plunged into a severe existential crisis. If the lack of credibility was deserved by the highest democratic institutions - such as the Constitutional Court of our eternally young Macedonia - it is all the more difficult for the nation to secure its own future. Because, as Thierry de Chardin cleverly said, the future belongs only to those who will provide the next generation with a basis for hope.

As things stand, unfortunately, the performance of our Constitutional Court for the last fifteen years only evokes a feeling of hopelessness and meaninglessness. Fortunately, the next generation of Macedonian citizens does not read the decisions of the Constitutional Court, and to read them - would collectively join the army of unfortunate migrants who along the Balkan route with bare hands tear the steel curtains that European countries have raised on their way.

 

Irresponsible and incompetent behavior

 

Why, suddenly, such harsh words at the expense of our supreme constitutional and democratic institution, you will ask? There are many reasons: it is not only the huge number of unconstitutional laws and legal provisions passed by the criminal government of VMRO in the decade of the "captured state", which the Constitutional Court refused to declare unconstitutional or even rejected the possibility to evaluate them at all. It is not only a question of the shameful refusal of the Constitutional Court to assess the unconstitutional laws, regulations and urban plans that carried out the most disgusting attack on our identity, dignity and constitutional order, codenamed "Project Skopje 2014".

On top of all that, the Constitutional Court, meanwhile, "woke up" after a decade of opportunistic collaboration with the VMRO regime, and began - in a populist wave of anti-urban and anti-construction sentiment - to fraudulently scrap urban plans in the capital and beyond. without plans - and without any future - doing social damage that no one has yet decided to calculate.

The irresponsible and incompetent behavior of the Constitutional Court almost does not deserve room to prove: the court rejected the initiative to evaluate the VMRO law on legalization of illegal buildings, which could not find any provision that is not contrary to the Constitution, which was a generator of crime and unconstitutional behavior of state administration bodies for ten years.

Furthermore, the court rejected the initiative to evaluate the Program for erection of monuments of the Municipality of Centar, declaring itself incompetent to evaluate its content - although this is its primary constitutional role because the program is a general legal act - and thus enabled the unconstitutional and the criminal erection of the monuments from "Skopje 2014". And, to end with the arbitrary decision of the court to evaluate only the procedure but not the content of the urban plans, with which it made its existence meaningless.

Urban plans are general legal acts, ie regulations for which in Article 110 of the Constitution it is written that "the Constitutional Court (…) decides on the compliance of other regulations (…) with the Constitution and laws;" and in Article 112 that "the Constitutional Court shall repeal or annul another regulation or general act (…) if it finds that they are not in accordance with the Constitution or the laws ”. How much right does one need to know in order to understand that the constitutional provision for deciding on the conformity of regulations with the Constitution and laws refers mostly to the conformity of their content and their provisions with the Constitution and laws, and not only to the procedure by which are brought ?! Nobody needs a Constitutional Court to evaluate the procedures - that work can be done by an ordinary lawyer, clerk or clerk!

 

Violation of the legal order

 

But more recently, after the "liberation" from the shackles of the "captive state", the Constitutional Court began - probably prompted by public opinion that has silently endured the VMRO construction rage for more than a decade, and now "heroically" opposes any construction and on any urban plan - to abolish entire urban plans, leaving the planning scope without any planning document, and with an cunning trick that is not only unconstitutional, but has nothing to do with law or common sense.

Namely, for all urban plans that have been abolished in recent years, the decision is based on one and the same, non-substantial and pointless "failure" in the procedure. All court decisions state that "In the present case, the Municipal Council (…) did not submit evidence that the Decision it made for non-implementation of the Strategic Environmental Assessment and the form with the determined scope of the Strategic Assessment, which decision was accepted with Notification No. (…) by the Ministry of Environment and Physical Planning, in accordance with the provisions of the Law on Environment, was published on the website of the Municipality.

The quote is meaningless in itself, so you probably did not notice the essence: the environment was not endangered in the procedure, because the decision was accepted by the Ministry of Environment. No procedure was violated, and the court - of course - did not find any non-compliance of the provisions of the urban plan with the Constitution and laws. The Constitutional Court annulled the entire urban plan not because it found that the municipality had not published the decision in question, but because it had "not provided the court with evidence that Decision (била) had been published on the Municipality's website".

And here is the absurdity of this constitutional court fraud, dear readers, because the court not only did not find that the procedure was violated, but made the decision to cancel the plan because the Municipality failed to provide evidence that the announcement of the decision on the website lasted 15 days! And, because such evidence is not physically possible to submit, because no municipality has electronic records all the time from ten years ago until today (in fact, it is evidence that no one can submit to the court!), Every urban plan in all municipalities in Macedonia are a potential subject for abolition, at the initiative of the thugs who destroy entire plans probably convinced in the illusion that they are not pests, but fighters for a better environment!

Of course, these decisions of the Constitutional Court are not a cunning trick, nor are they just a constitutional fraud. They are a serious violation of the legal order, the destruction of the last violations of the non-existent legitimacy and credibility of the court, which produce enormous social damage (which does not arise only from the destroyed two expensive and long procedures for drafting and adopting each revoked plan).

And finally, these irresponsible decisions represent the enthronement of spatial lawlessness as the norm, ie the destruction of the legal security of citizens' property, and most of all - the killing of the very planning of the future and, of course, the hope it provides.

(The language in which they are written as well as the views expressed in the column "Columns" are not views and reflections of the editorial policy of "Free Press")

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