Judiciary Reform: Ohrid Agreement

4.3. For the Constitutional Court, one-third of the judges will be chosen by the Assembly by a majority of the total number of Representatives that includes a majority of the total number of Representatives claiming to belong to the communities not in the majority in the population of Macedonia. This procedure also will apply to the election of the Ombudsman (Public Attorney) and the election of three of the members of the Judicial Council.

Implementation History

2001

No Implementation

No information available on judiciary reform.

2002

No Implementation

No information available on judiciary reform.

2003

Intermediate Implementation

According to the American Bar Association report, out of 633 judges, 561 (88.7%) are Macedonians and 41 (6.5%) were Albanians. The report states that “across the judiciary as a whole, ethnic Macedonians and Vlachs are overrepresented, and the other ethnic communities are underrepresented. However, the situation varies from court to court. In the Supreme Court, for example, 6 of the 22 presently sitting judges (27.2%) are ethnic Albanians, as are 5 of 19 judges (26.3%) in the Gostivar Basic Court, and 4 of 17 judges (23.5%) in the Kicevo Basic Court—close to their percentage in the population at large. In some courts, particularly in western Macedonia, there are even higher percentages of ethnic Albanian judges. For example, 11 of 28 judges (39.3%) in the Tetovo Basic Court and 3 of 5 judges (60%) in the Debar Basic Court are ethnic Albanians. Nevertheless, to achieve the Constitution’s goal of fair representation of citizens of all communities, more needs to be done.”1

2004

Intermediate Implementation

No further developments observed.

2005

Intermediate Implementation

No further developments observed.

2006

Intermediate Implementation

No further developments observed.

2007

Intermediate Implementation

No further developments observed.

2008

Intermediate Implementation

No further developments observed.

2009

Intermediate Implementation

No further developments observed.

2010

Intermediate Implementation

No further developments observed.