The law on languages will go to a preparatory session in March, a decision in May at the latest
The Law on Languages will be presented at a preparatory session of the Constitutional Court in March, and a decision on the constitutionality of the Law is expected by May at the latest. After three judges left the session, DUI responded that it is impermissible in a multi-ethnic state for the highest authority to hold sessions with a mono-ethnic composition, especially on sensitive topics.
In the absence of three judges - two Albanians and one Turkish, the Constitutional Court decided to hold a preparatory session before the debate on the constitutionality of the Law on the Use of Languages. The Court's decision did not sway the leaders of the European Front, Ali Ahmeti и Zijadin Sela, to continue the "guard for the language", because as they say, the only correct decision of the Constitutional Court is to reject all 13 initiatives on the constitutionality of the Law on Languages. According to DUI, the preparatory session only shows the tendency of the Court to abolish the Law, otherwise it should not have sat in a mono-ethnic composition at all.
The court sat under increased police security, not only at the Constitutional Court building, but the movement of all the bridges in the center of Skopje that lead to the Court was blocked, and the police were also in front of the Parliament.
Constitutional judges with five votes "for" and one "against" accepted the proposal of the rapporteur judge Elizabeth Dukovska to hold a preparatory session. Only the judge was against the proposal Dobrila Kacarska.
The arguments for the preparatory session, according to Dukovska and the colleagues who accepted the proposal, are that the Court will thus demonstrate to the citizens that it is impartial in order to hear the opinions of the experts in constitutional law, as well as those of the foreign experts from the Venice Commission, from whom they requested a friendly advice.
- The preparatory session is also to expose all accusations and attempts to ethnicize and politicize the Constitutional Court. It is our duty to assure the citizens of our impartiality - he said Dukovska.
Other arguments are that the Court should show that the law rules and that the constitutionality of the laws is not defended under tents, on the street and with political views, but in the Court. The judge Ana Pavlovska Daneva believes that the Court should hold more preparatory sessions so that science can also give its opinion. According to the judge Tanja Vasic Bozadzieva, the preparatory session will show the transparency of the Court especially when discussing sensitive issues. In this way, the Court shows that it is responsible.
The judge also supported the preparatory session Jadranka Dabovic, because he thinks that in this way every doubt will be rejected because in the public some people read the Law with their mind and reason, while others with their emotions and their heart. And the President of the Court Darko Kostadinovski is for a preparatory session to expose all attempts to politicize and ethnicize the Court and to reassure the public of their impartiality and independence.
Only the judge Dobrila Kacarska declared against holding a preparatory session, because there was already a prepared report in which all initiatives to challenge the Law were answered, as well as a position from the Venice Commission.
- Will science tell us whether the Law in its entirety or some of its parts are in conflict with the Constitution. Who should explain to us whether two-thirds of laws can be derogated by this Law? We have to answer these questions. The Venice Commission expressed its opinion on the Law in 98 points - he said Kacarska.
The judges did not attend the session Osman Kadriu и Naser Ajdari. Before the vote
agenda, the judge also left the session Fatmir Skender, because his proposal to postpone the evaluation of the constitutionality and legality of the Law on the Use of Languages due to the boycott of the judges was not accepted Kadriu и Ajdari.
In front of the building of the Constitutional Court, officials from the European Front welcomed the decision for a preparatory session with indignation. The Vice President of DUI Bujar Osmani said that it is impermissible in a multi-ethnic state for the highest authority to hold sessions with a mono-ethnic composition, especially on sensitive topics.
- Such mono-ethnic meetings or sessions were always a harbinger of bad times in multi-ethnic states. The message of the three constitutional judges from the ethnic communities with their absence was enough of a signal to stop the session immediately. On behalf of the Albanian people, I reject any decision that means continuing the process of repealing the Law on the Use of Languages. The only fair decision that the Constitutional Court should have made today is to reject all 13 initiatives and close this issue. Scheduling preparatory sessions is just a continuation of the process of repealing the Law on Languages - said Osmani.
He added that this is not only a cause for the Albanian language, but also for the protection of a multi-ethnic European Macedonia and that they expect support from all ethnic communities to isolate "the forces that are taking Macedonia back 20 years".
Osmani announced that the "guard for the language" will continue, that is, that they will be in front of the Court when the preparatory session is held.
The subject of the Law on Languages is composed of 13 initiatives from citizens, political parties, associations and was established in 2019. The Constitutional Court should decide on the constitutionality of the Law on the use of languages, after the initiatives regarding the Decree for its promulgation, of the Law as a whole, as well as separately for all 25 articles of the Law.
Regarding the initiatives, the Constitutional Court can reject them, decide to start a procedure for the Law in its entirety or only for parts of it, temporarily stop its application until it makes a final decision, or send it to the Parliament for finalization.
Ahmeti: It is constitutional to reject initiatives to suppress the Albanian language
Earlier, during the session of the Constitutional Court, Ahmeti assessed that the 13 initiatives to abolish the Albanian language should be rejected. Ahmeti said that they did not gather there to fight, but to hear the voice of reason.
- Today this one-sided court must reject the 13 initiatives to suppress the Albanian language. That would be their wisest decision because they are ethnically pure there, without the presence of the larger Albanian community and the third – the Turkish community. We want peace, stability, we came here as a family. We did not even come to clash, but to hear the voice of reason - he said Ahmeti.
He compared today to the events of 1989, when the former president of Serbia, Slobodan Milosevic, suppressed the autonomy of Kosovo, drawing historical parallels with the current situation.
Kostadinovski: The court is under political violence, blackmail and pressure
The President of the Constitutional Court Darko Kostadinovski accused that for a long period of time they witnessed political influence, violence, pressure and blackmail on the Constitutional Court.
- It is the result of a striking absence of political culture, not to mention constitutional culture. I have repeatedly said that I will not allow the Constitutional Court to be blackmailed by anyone and to be under pressure and threats from anyone. Anyone who thinks that the rule of law, the rule of law will be hindered by political influence and manipulations, should not try at all, such a thing will not happen. The Constitutional Court is the guardian of the Constitution, by guarding the Constitution we guard the order. The alternative to that is getting into a mess, and every mess creates chaos - he said Kostadinovski.
He added that although they do not want to argue with politicians, they are forced to assure the citizens of their independence and impartiality.
- I don't want today's decision to be understood by anyone as weakness or succumbing to someone's pressure. We will continue with the proceedings in that case - said the president of the Constitutional Court.
He evaluated the accusations that the Court is a parapolitical organization and that they wanted destabilization as manipulations of the politicians with the feelings of the citizens. That they are questioning the use of the Albanian language, that they are revoking someone's rights and that they are working politically. Kostadinovski announced that the preparatory session will probably be scheduled in March next year after they receive the opinion from the Venice Commission, and experts from there will be invited to the session. In May at the latest, the Constitutional Court will decide on the constitutionality of the Law on Languages.