DECLARATION OF STATE OF EMERGENCY FOR PUBLIC HEALTH (COVID-19) AND CONSTITUTIONAL PROVISIONS AND CONSTITUTIONAL COURT DECISIONS OF THE REPUBLIC OF NORTH MACEDONIA

Abstract

The concept of a state of emergency, which is the subject of this study, was regulated by the 1991 Constitution of the Republic of North Macedonia in terms of its declaration conditions, competent authorities, duration, and legal nature. The study also explores the legal discussion surrounding the measures taken during the Covid-19 pandemic period, which restricted many personal rights and freedoms. In this regard, the study will examine how the Constitutional Court's decisions have prioritized public health over personal rights, acknowledging that fundamental rights may be restricted through measures implemented during a state of emergency, which is considered an exceptional situation. These measures, including the curfew, have been implemented not only in North Macedonia but also in many countries around the world. Among these measures, the curfew stands out as the most significant. This study will analyze the impact of the curfew on fundamental rights and freedoms from the perspective of constitutional law, focusing on the decisions of the Constitutional Court. Additionally, the study will evaluate the legal nature of the state of emergency in the Republic of North Macedonia, including the roles of authorized institutions, the duration of the state of emergency, and the measures to be taken, all within the framework of constitutional norms. To achieve this, the study employs a literature review method, utilizing both written book sources and journal articles indexed in Scopus and Ebsco. The primary sources for this study include Constitutional Court decisions, state of emergency decrees, and relevant constitutional and legal norms.