Karakamiseva: According to Constitution, there Can only Be One Mandatary

January 9, 2017, Monday @ 12:25 in Independent Insider » EXPERT VOICES | Views: 366
Karakamiseva: According to Constitution, there Can only Be One Mandatary Tanja Karakamiseva Photo: Vlatko Perkovski

Nowhere in the Constitution is stated that the President of the country needs to award the mandate for constituting the government to another prime minister designate if he and the party that won the most votes fails to form the government. According to the Constitution, there can be only one mandatary. The Constitution did not provide for a reserve or second designate, the Professor Tanja Karakamiseva emphasized on Monday before the President's awarding of the mandate for forming a government.

She explains for Telegraf.mk that we must not repeat the mistake of 1992 when then President Kiro Gligorov violated the Constitution by granting the mandate for constituting the government to Branko Crvenkovski.

"If the Article 90 of the Constitution is read correctly and without political bias, we can see the exact intention of the constitution maker when he wrote it in a particular way. And that intention is, not in any case, albeit theoretical, to leave a legal possibility to circumvent the election winner and enter into a political voluntarism. Not coincidentally does the Article 90 not regulate different situation from the only logical and possible one. Not coincidentally does the Constitution not contain another constitutional provision which will be adjusted in case the mandatary fails to form the government in a constitutionally prescribed period of 20 days. The Constitution maker deliberately did not leave space to create any artificial post-election majorities by which electoral will the majority of citizens in the state would be played on. Paragraph 1 of Article 90 regulates precisely which is the mandatary in the state. According to the Constitution, there can be only one mandatary. The Constitution did not provide for a reserve or second mandatary. Neither the Constitution nor the Law on the Government, nor the Rules of Procedure or any other legal act in the country does not regulate the situation which would apply if the mandatary fails to form the government in the constitutional deadline of 20 days. The Article 90 of the Constitution stipulates that the President of the Republic shall, within ten days of the constitution of the Assembly, award the mandate for constituting the Government to the candidate of the party or parties that have a majority in the Parliament. From this article, as well as all other articles we can clearly see that the Constitution does not cover replacement procedure that would occur if the mandatary designate fails to form the government within the period of 20 days. This means that the procedure must return to the beginning, under the Constitution the same mandatary to try again to form the government. The election winner must leave as much time as it takes to negotiate a coalition government that will match the election results.

Unfortunately, in the Republic of Macedonia there was an unconstitutional government formation in 1992 when then-President of Macedonia, Kiro Gligorov, violated the Constitution by granting the mandate for constituting the government to Branko Crvenkovski who appointed him as mandatary unconstitutionally. This unconstitutional practice should not be repeated by the President Gjorge Ivanov, since the state institutions must work and act solely according to the Constitution and laws of the country and under the rule of law, not according to the political needs of the politicians. Any departure from the framework and the content of the constitutional norms would mean arbitrary interpretation of the highest legal act in the country, which is unacceptable and contrary to the Constitution", the professor explains for Telegraf.mk.

Tags: mandate, Tanja Karakamiseva, bias, Government, mandatary, President