The Constitutional Court has initiated a significant procedural measure by reporting a judge from the Civil Court of First Instance in Skopje to both the Public Prosecution and the Judicial Council. This action marks a first instance of such a referral, stemming from difficulties in enforcing a judicial ruling related to the case of journalist Natasha Stojanovska, concerning events that took place on April 27, 2017. Previously, the Constitutional Court had determined that Stojanovska’s right to freedom of public expression had been violated and consequently ordered a review of the proceedings.
However, the Civil Court of First Instance subsequently dismissed the request for a retrial. The lower court assessed that the decision issued by the Constitutional Court did not provide sufficient grounds to warrant such an action, asserting that doing so would disregard the finality of the ruling. In response to this procedural resistance, the Constitutional Court clarified that the requested action undermined the integrity of the final judgment.
Because of this impasse, the Court activated a novel mechanism intended to ensure the implementation of its decision, an unprecedented step in its proceedings. This development highlights the judiciary’s mechanism for upholding constitutional rights when lower courts appear unable or unwilling to execute a higher court’s directive. The report against the judge serves as a mechanism to enforce compliance with the established constitutional findings.
Topics: #court #first #constitutional
