PRESIDENTIAL PARDON OF THE PRESIDENT GJORGE IVANOV FROM THE PERSPECTIVE OF THE CONSTITUTIONAL LAW OF THE REPUBLIC OF NORTH MACEDONIA

Abstract

Presidential pardons constitute a constitutional category recognized in almost all constitutions around the world. In the Republic of North Macedonia, this power falls within the competences of the President of the Republic. The content and implementation of this legal institution are regulated by a special law, as well as by several legal provisions in the Criminal Code. This paper examines the Presidential Pardon from the perspective of the constitutional law of the Republic of North Macedonia, with particular emphasis on the paradox arising from the pardons granted by the fourth President, Gjorge Ivanov. On 12 April 2016, relying on the Constitution as the highest legal act, he issued a decision granting pardons based on Article 1 and 11 of the Law on Pardons, that is, on a provision that had been repealed in 2009 through legal amendments and supplements adopted by the Assembly. Following significant public reaction to the granted pardons, the political authorities were compelled, later that same year and for political reasons, to reinstate the relevant provision by introducing a new article into the law, namely Article 11-a. Through this paper, and by means of scientific legal analysis, we aim to clarify the dilemmas and differing legal interpretations related to this case by examining relevant legal acts and decisions of the Constitutional Court of the Republic of North Macedonia.