Constitutional Court: The cancellation of Judge Dukovska’s election is a legal precedent

The Constitutional Court does not comment on the Administrative Court’s verdict on the annulment of the election of constitutional judge Elizabeta Dukovska, but notes that the Trial of the Judicial Council, the Parliament and Administrative Courts has led to the creation of a legal precedent that has so far faced any composition of the court. They say they will not be reviewed ex officio the decisions in which the judge involved in the verdict participated.

« This precedent, » according to the court, has significant legal implications for its further action.

-The Constitutional Court received today the letter from the President of the Assembly of the Republic of Northern Macedonia which submitted the verdict U-5 no.380/2025 of 15.05.2025 to the Administrative Court of the Republic of Northern Macedonia. The Constitutional Court does not comment on the Administrative Court’s verdict. The treatment of all authorities involved such as the Judicial Council, the Parliament and the Administrative Courts in this case have sparked a legal precedent that has created a legal situation that has not faced a single composition of the Constitutional Court. Such a legal precedent undoubtedly creates legal implications for the acting of the Constitutional Court in accordance with its competencies – reads the constitutional statement.

It is added that due to the new situation, the court ruled to postpone the preparatory session on the case related to the Law on the Use of Languages, which was scheduled for June 19, 2025, as the judge is a reporter of the case, and in addition, the court has concluded which the case should be in full.

The Constitutional Court also reminds that, pursuant to Article 112 paragraph 2 of the Constitution, its decisions are final and executive, and will not review the decisions in which the judge involved in the Administrative Court’s judgment.

An improperly conducted procedure for election in which the Judicial Council did not consider all candidates equally and did not comply with the criteria of the Law on Judicial Council is the reason why the Administrative Court annulled the decision to elect Elizabeta Dukovska as a judge of the Constitutional Court.

According to the verdict, in the present case, the Judicial Council ruled to elect a judge of the Constitutional Court without fully considering all candidates.