Almost for two weeks now, the organization civil association “I protest” have expressed their anger in the streets of Skopje and all major cities in Macedonia against President Gjorge Ivanov’s decision to pardon a large number of politicians. Among the organization’s demands is the withdrawal of the general pardon, the formation of an interim government and to recall elections scheduled for June 5, citizens also demand the resignation of the President.
But what would happen if Ivanov relented under public pressure, and resigned? What does the constitution say and what are the statutory deadlines?
A few days ago Professor Biljana Vankovska announced her findings on this issue.
She wrote that in accordance with the Constitution, if the president resigns (and it “accidentally” happened on April 26!), Presidential election must be organized within 40 days (which would then be exactly on June 5), with the same SEC the same electoral roll, with shortened deadlines.
The electing like the resignation and termination of office of the President, is regulated by the highest legislative act – the Constitution and the Law on President Presidential elections.
Under Article 81 of the Constitution of the Republic of Macedonia, presidential elections must happen after the President of the Republic serves the last 60 days of his term.
In the event of termination of office by the President of the Republic, be it any reason, the election of a new President takes place within 40 days of the termination of office.
This means, if he were to resign tomorrow, April the 25th, there could be presidential elections as well as parliamentary election on June 5th, and on April 26 if the Constitutional Court concludes the termination of office, this could be a reality and it is in accordance with Article 82 of the Constitution.
Namely, according to this article, in case of death, resignation, permanent inability to perform the function or termination of mandate, the Constitutional Court of Macedonia, by law must conclude the new situation.
The President of Parliament takes over until a new President in voted in.
The Law on Presidential Elections in Article 10 stipulates that after the Constitutional Court of the Republic of Macedonia adopts the act, which determines the occurrence of the conditions for termination of office of the President of the Republic of Macedonia, and within 24 hours the President of Parliament of the Republic of Macedonia should submit the documents from he court and publish it in the “Official Gazette”.
The President of Parliament, within 48 hours has to give notification of the act and call for election for the Presidency.
This means that if by Tuesday all the conditions are met for termination of office of the President (the Constitutional Court has to conclude the resignation and announce the decision in the Official Gazette), the President of Parliament, will immediately take on the role of President and can call and presidential elections.
The elections, according to the terms of the Constitution would be held on June 5.
This is a preview of the deadlines which would take place if Ivanov’s gives into public pressure or for any other reason, resigns.
