PUBLIC MANAGEMENT PROFILES OF CENTRAL AND EASTERN EUROPEAN COUNTRIES: FORMER YUGOSLAV REPUBLIC OF MACEDONIA

Transcription

1 S IGMA Support for Improvement in Governance and Management in Central and Eastern European Countries PUBLIC MANAGEMENT PROFILES OF CENTRAL AND EASTERN EUROPEAN COUNTRIES: FORMER YUGOSLAV REPUBLIC OF MACEDONIA

2 THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA 1 (AS OF DECEMBER 1999) Political Background Until 1991, Macedonia was a constituent republic of the Socialist Federal Republic of Yugoslavia. During the disintegration of the federation in the early 1990s, the Republic of Macedonia elected its first democratic parliamentary assembly (Sobranie) in November A referendum on independence was held on 8 September On the basis of this referendum, the Sobranie declared the independence and sovereignty of the state of the Republic of Macedonia on 17 September On 17 November 1991, the Sobranie adopted a constitution, establishing the foundations of parliamentary democracy, civil society, the rule of law and a market economy. International recognition of the new independent state came first from Bulgaria, Croatia, Russia and Slovenia. Recognition from the European Community (EC) Member states came later, following the positive opinion of the EC s Arbitration Commission on the international recognition of new states (the Badinter Commission). On 11 January 1992, this Commission stated that The Republic of Macedonia fulfilled the conditions laid out by the guidelines on the Recognition of New States in Eastern Europe and in the Soviet Union as well as by the Declaration on Yugoslavia adopted by the council of ministers of the European Community on 16 December The Republic of Macedonia was accepted as a Member state of the UN on 8 April 1993, albeit under the provisional reference Former Yugoslav Republic of Macedonia. Today, the country is a member of the Council of Europe, OSCE, the NATO Partnership for Peace, and other international and intergovernmental organisations. There have been several major changes of government since independence. The president of the government (Prime Minister) Nikola Kljusev led the first government, after the 1991 elections. In 1992, the Sobranie adopted a motion of no confidence in his government, and Branko Crvenkovski (SDSM) was nominated and elected as new president of the government. In the 1994 general elections, the government under Branko Crvenkovski was re-elected. The most recent general elections took place on 18 October and 1 November They significantly altered the composition of the Sobranie and led to a change of government. The Sobranie has 120 members, elected for a four-year term: 85 members in single seat constituencies and 35 members by proportional representation. The following table shows the composition of the Sobranie following the elections: 1. This designation represents the provisional reference of the country in international relations following a UN decision. In order to respect both the international agreement on the provisional name and the expressed view of the country as well as the correct references for national documents cited in the text, within the text the reference Republic of Macedonia is used. 2

3 Party Representation % Seats Internal-Macedonian Revolutionary Organisation-Democratic Party for Macedonian National Unity (IMRO-DPMNU) Democratic Alternative (DA) Social Democratic League of Macedonia (SDSM) Party of Democratic Prosperity (PDP) Party of Democratic Prosperity of Albanians (PDPA) and People s Democratic Party (NDP) Liberal-Democratic Party/Democratic Party of Macedonia (LDP/DPM) Socialist Party of Macedonia (SPM) League of Romanies from Macedonia (SRM) On 30 November 1998, the Sobranie elected Ljubco Georgievski as the new president of the government. Since 1990, all governments have been coalitions. The current coalition comprises the Internal-Macedonian Revolutionary Organisation-Democratic Party for Macedonian National Unity (IMRO-DPMNU), the Democratic Alternative (DA) Party, the Party of Democratic Prosperity of Albanians (PDPA), the People s Democratic Party (NDP) and the Liberal-Democratic Party (LDP). The President of the Republic of Macedonia Boris Trajkovski was elected in October/November 1999 in general and direct elections, and by secret ballot. The next parliamentary elections are scheduled for October 2002, and the next presidential elections for October The next general local elections will take place in October The Constitutional Framework 1.1. Constitutional Bases The Sobranie adopted the constitution on 17 November The constitution was published in the Official Gazette, No. 52, 22 November There have been three constitutional amendments since the adoption of the constitution. Amendments I and II came into force on 6 January Amendment III came into force on 1 July Amendment I states that a) The Republic of Macedonia has no territorial claims towards any neighbouring state ; and b) The borders of the Republic of Macedonia can only be changed in accordance with the constitution and on the principle of free will, as well as in accordance with generally accepted international norms. Amendment II clarifies that, while exercising its constitutional responsibilities towards its diaspora, the Republic will not interfere in the sovereign rights of other states or in their internal affairs. Amendment III changes the possibility for detention by court decision to a maximum period of 180 days from the first day of the detention. 3

4 1.2 Nature of the State The constitution defines the Republic of Macedonia as a sovereign, independent, democratic and social state in which sovereignty derives from, and belongs to, the citizens. The fundamental values of the constitutional order include the basic freedoms and rights of the individual and the citizen; the free expression of national identity; the rule of law; the division of the state powers; political pluralism and free, direct and democratic elections; the legal protection of property; freedom of the market and entrepreneurship; humanism, social justice and solidarity; and local self-government. The Republic of Macedonia is a unitary and democratic parliamentary state. The preamble of the constitution stipulates that the Republic of Macedonia is established as a national state of the Macedonian people, in which full equality as citizens and permanent co-existence with the Macedonian people is provided for Albanians, Turks, Vlachs, Romanies and other nationalities living in the Republic of Macedonia. 1.3 Division of Power The separation of state powers into legislative, executive and judicial branches is enshrined in the constitution. These state powers are exercised by the Sobranie, the president of the republic, the government of the republic and by the courts. The Sobranie is the representative body of the citizens in which the legislative power of the republic is vested. The Sobranie elects the government of the republic on the proposal of a mandator nominated by the president of the republic. The Sobranie monitors and supervises the government and other public officeholders responsible to the Sobranie. The mandate of a member of the Sobranie cannot be revoked. The Sobranie is dissolved if more than half of the total number of deputies vote for its dissolution. The president of the republic is elected in general and direct elections, by secret ballot, for a five-year term. The president of the republic is the head of the state. He/she nominates the mandator to constitute the government. He/she is obliged within 10 days of the constitution of the Sobranie to entrust this task to a candidate from the party or parties that enjoy a majority in the Sobranie. The president, on the proposal of the government, appoints ambassadors and other diplomatic representatives, and accepts the credentials and letters of recall of foreign diplomatic representatives in the Republic of Macedonia. He/she grants decorations, honours and pardons. The president is commander-in-chief of the armed forces and president of the Security Council of the republic. He/she may propose to the Sobranie to declare a state of war or state of emergency. During a state of war or emergency, if the Sobranie cannot meet, the president of the republic may appoint and discharge the government, and appoint or dismiss officials whose election is within the sphere of competence of the Sobranie. The president concludes international agreements and may initiate changes to the constitution. The president must promulgate laws, but has a suspensive veto according to Article 75 of the constitution. The president addresses the Sobranie at least once a year. He/she proposes to the Sobranie two of the judges on the constitutional court, two members of the judicial council of the republic and members of the council for inter-ethnic relations. Executive power is vested in the government. The government is composed of the president of the government (Prime Minister) and ministers. The government is elected by the Sobranie upon the proposal of the mandator who, proposing the composition of the government, also recommends a programme of work. The government determines policies for the implementation of legislation. It proposes laws, the budget of the republic and other general acts to the Sobranie and adopts decrees and other legal instruments necessary for the implementation of statutory legislation. In accordance with the constitution, 4

5 the government decides on the recognition of states and governments, and on the establishment of diplomatic and consular relations with other states. Courts exercise judiciary power. According to the Law on Courts of 1995, there are 27 courts of the first instance, three courts of appeal, and a supreme court. There is also a constitutional court whose judges are elected by the Sobranie. The courts are autonomous and independent. Courts judge on the basis of the constitution and laws and international agreements ratified in accordance with the constitution. The types of courts, their spheres of competence, their establishment, abrogation, organisation and composition, as well as the procedure they follow are regulated by a law adopted by a majority vote of two-thirds of the total number of representatives. Judges are granted immunity. The Sobranie decides on the immunity of judges. The performance of a judge s office is incompatible with other public offices, professions or membership of a political party. Political organisation and activity in the judiciary is prohibited. The Supreme Court of the Republic of Macedonia is the highest court in the republic, providing uniformity in the implementation of the laws by the courts. The right of citizens to local self-government is guaranteed by the constitution. Municipalities are units of local self-government. The municipality is autonomous in the execution of its constitutionally and legally determined powers. Municipalities are financed from both their own sources of income determined by law and the state budget. The city of Skopje the capital of the republic of Macedonia is a special unit of local self-government whose organisation is regulated by law. According to Article 115 of the constitution, local authorities decide on issues of local relevance, particularly in the fields of basic health care, child care, communal activities, culture, pre-school education, primary education, sport, social security, urban planning, and other fields determined by law. The constitutional court decides conflicts of competence between central bodies and local self-government. 2. Legislative Authority 2.1 Electoral Rules All Macedonian citizens over the age of eighteen enjoy franchise. The right to vote is equal, universal and direct, and is exercised at free elections by secret ballot. The right to vote and stand for election cannot be exercised by citizens under 18 years of age, citizens without legal capacity, and citizens who, at the moment of the elections, are imprisoned on the basis of a criminal sentence. Registered political parties, each one alone or in coalition of two or more, and groups of eligible voters may submit lists of candidates for the Sobranie. The lists must be submitted to the national election commission at least 35 days before the elections. The Law on the Elections of Deputies of the Sobranie of the Republic of Macedonia of May 1998 provides for a combination of a two-ballot majority formula and a proportional formula. Eighty-five deputies are elected directly on the basis of the two-ballot majority formula from an equal number of constituencies. The remaining 35 deputies are elected on the basis of the proportional d'hondt formula that is applied to the republic as a single constituency. 5

6 2.2. Main Powers of Parliament The Republic of Macedonia has a unicameral parliamentary system. The powers and the organisation of the Sobranie are regulated by the constitution and by the rules of procedure of the Sobranie. The Sobranie is elected for a four-year term. It is permanently in session. According to the constitution, the Sobranie may have between 120 and 140 deputies. The current law on elections fixes the number of deputies at 120. The Sobranie is the central body of the political system. It adopts the highest legal acts, in particular the constitution, laws and the national budget. Every deputy has the right to propose a Bill. This right is also given to the government and to groups of at least voters. The Sobranie decides on war and peace, on the borders of the republic, and on the association and disassociation from any form of union or community with other states. The Sobranie elects the government of the Republic of Macedonia, proposed by the mandator, by a majority vote of the total number of deputies. It also elects or appoints certain holders of public and state offices, such as the judges of the constitutional court, the members of the judicial council, judges of the ordinary courts and the ombudsman. It decides on the immunity of judges and the members of the judicial council. The Sobranie monitors and supervises the government and other public office-holders responsible to the Sobranie. A group of at least five deputies may initiate an interpellation of any public office-holder, the government as whole or individual ministers. The Sobranie may adopt a motion of no confidence in the government. The vote of no confidence must be initiated by at least 20 deputies and must be supported by a majority of all deputies. If the motion of no confidence is passed, the government must submit its resignation. The Sobranie may request that the president of the republic state an opinion on issues within his sphere of competence. With a two-thirds majority of all deputies, the Sobranie may initiate a procedure before the constitutional court against the president of the republic for any alleged violation of the constitution. The constitutional court decides on the responsibility of the president with a two-thirds majority of its judges. The Sobranie issues notices of referenda, proclaims amnesties, and performs other activities determined by the constitution. 2.3 Internal Organisation The organisation of the work of the Sobranie is regulated by the constitution and by its rules of procedure. The Sobranie elects a president and one or more vice-presidents. Together, they form the presidency of the Sobranie. In addition, the Sobranie has a secretary and a deputy secretary. The president of the Sobranie represents the Sobranie, convenes its sessions, ensures the application of the rules of procedure and carries out other responsibilities determined by the constitution and the rules of procedure. In case of the President of the Republic s death, resignation, or permanent inability to perform, or in case of termination of his/her mandate in accordance with the provisions of the constitution, the President of the Sobranie holds the office of the president of the republic until the election of a new president. The secretary of the Sobranie organises and co-ordinates the work of the services of the Sobranie and assists the president of the Sobranie in preparing and organising the parliamentary sessions. 6

7 The Sobranie may take decisions if a session is attended by at least half of the deputies. The Sobranie takes decisions by a majority vote of the deputies in attendance, but no less than one-third of the total number of deputies, unless the constitution requires a qualified majority. The sessions of the Sobranie are open to the public. A decision to exclude the public can be taken by a two-thirds majority of all deputies. The Sobranie sets up permanent and temporary working bodies. At present, the following permanent commissions exist: Commission on Agriculture, Forestry and Water Management Commission on the Budget and Public Finance Commission on Civil Construction and Urban Planning Commission on Constitutional Issues Commission on Culture Commission on Domestic Policy Commission on Education and Science Commission on Elections and Appointments Commission on Foreign Policy Commission on Environment Commission on Inter-Ethnic Relations Commission on Labour and Social Policy Commission on Memorials Commission on the Political System Commission on Rules of Procedure, Mandates and Immunity Commission on the Supervision of the State Security Service Commission on Traffic and Communications Health Commission Legislative Commission Permanent Commission of Inquiry for the Protection of the Freedom and Rights of Citizens The Sobranie sets up permanent and temporary working bodies (commissions and committees) and may set up commissions of inquiry for any domain or any matter of public interest. The Sobranie has set up a permanent commission of inquiry for the protection of the freedom and rights of citizens. The political parties represented in the Sobranie are organised into parliamentary groups. The main parliamentary parties have committees or commissions that shadow the main parliamentary commissions. 7

8 2.4 The Legislative Process The Republic of Macedonia distinguishes between the following categories of legal instruments: laws and decisions adopted by the Sobranie; government decrees and decisions: the government determines by decree the implementation of laws and other regulations of the Sobranie, and takes decisions regarding specific issues and measures for the implementation of laws; guidelines, orders and instructions issued by ministers for the implementation of laws and government decrees; regulations passed by local self-government bodies to settle affairs within their sphere of competence; international agreements ratified by the Republic of Macedonia in accordance with the constitution are also relevant legal instruments. The constitutional court decides on the conformity of laws with the constitution and on the conformity of collective agreements and other regulations with the constitution and laws. Every deputy, the government and groups of at least citizens possess the right to submit a Bill for adoption by the Sobranie. Between 1991 and 1998, 90% of the total of 683 laws approved by the Sobranie were proposed by the government. In the same period, the Sobranie also passed 210 laws on ratification, 11 declarations, and 826 other general Acts, such as decisions, resolutions, recommendations and conclusions. In the period from 19 November 1998 until August 1999, the new Sobranie approved 47 laws, 51 laws on ratification, 139 decisions and 6 other Acts. The parliamentary legislative process starts with the proposal of an authorised body for the adoption of a law (the Bill need not be part of the proposal at this stage). The proposal is submitted to the president of the Sobranie who sends the proposal to the working bodies (commissions) of the Sobranie. If the proposal is submitted by an authorised body other than the government, the president of the Sobranie must send it to the government for an opinion. All parliamentary and government commissions participating in this process may comment on the proposal and the Bill. After this, the Sobranie decides on the need for adopting the proposed law. If the vote is positive and the sponsor has submitted a Bill, the Sobranie opens its readings of the Bill. 3. The Central Executive 3.1 Legal Bases of Executive Authority and Administration The government exercises its powers and responsibilities on the basis, and within the framework, of the constitution and the law. The main legal bases for the exercise of executive authority include the: constitution; Law on the Government of the Republic of Macedonia (Official Gazette of the Republic of Macedonia, No. 38/90) (note that a new law on the government is under consideration); Law on Administrative Organs (Official Gazette of the Republic of Macedonia, No. 40/90) (note that a new law on public administration is under consideration); 8

9 Law on Administrative Disputes (Official Gazette of the Republic of Macedonia, No.4/77 ) (note that a new law on administrative disputes is under consideration); Law on General Administrative Procedure (note that a new law on General Administrative Procedure is under consideration). The organisation of the government is legally defined by the rules of procedure of the government. 3.2 Composition and Powers of the Government (Council of Ministers) The government is composed of the president of government (the Prime minister) and the ministers. The president of the government may appoint one or more vice-presidents of the government from amongst the ministers. The Sobranie elects government members by a majority vote based upon a nomination by the mandator. It is expected, but not required, that the mandator become the president of the government upon the election of the government by the Sobranie. Any member of the government has the right to submit his or her resignation. The president of the government may propose the dismissal of a member of the government. The Sobranie decides on this proposal. If the president of the government dismisses more than one-third of the initial members of the government, the Sobranie follows the same procedure as for the election of a new government. 3.3 Division of Executive Power The constitution and law define the powers and the responsibilities of the government. The government is the central policy-making body. It proposes laws, the budget of the republic and other Acts adopted by the Sobranie and is responsible for their implementation. It proposes a territorial plan of the republic; makes decisions concerning the reserves of the republic and sees to their implementation; adopts decrees and other Acts necessary for the implementation of laws; establishes principles for the internal organisation and work of the ministries and other administrative bodies, and directs and supervises their work; provides appraisals of Bills and other Acts submitted to the Sobranie by other authorised bodies; decides on the recognition of states and governments; establishes diplomatic and consular relations with other states; takes decisions on opening diplomatic and consular offices abroad; proposes the appointment of ambassadors and plenipotentiaries and appoints chiefs of consular offices; proposes the public prosecutor; appoints and dismisses holders of public and other offices determined by the constitution and law; and performs other duties determined by the constitution and law. The government and each of its members are accountable to the Sobranie. The constitution, law and the rules of procedure define the powers and the responsibilities of the president of the government. Amongst other duties, the president represents the government; leads the work of the government; convenes and chairs meetings of the government; maintains relations between the government and the Sobranie, the president of the republic, the state administrative bodies, local self-government and other legal entities; and co-operates with other state and international organisations. The government and the president of the government oversee the work of the individual ministers. Ministers are equal and responsible for the implementation of government policy. 9

10 3.4 The Office of the Government/Office of the Head of Government The government appoints a secretary and a deputy secretary of the government. The secretary of the government assists the president of the government in the preparation and organisation of the meetings of the government, participates in the meetings of the government without the right to vote, and performs other duties determined by the rules of procedure or assigned by the government or the president of the government. The secretary of the government heads and manages the work of the government services. Amongst other duties, the secretary of the government prepares the meetings of the government, delivers the materials for the meetings, and assists the president of the government in the implementation of the rules of procedure. The government appoints a head of cabinet of the president of the government and cabinet counsellors. The counsellors, together with the secretary of the government, provide policy advice and assist in the interministerial co-ordination required for the preparation of government meetings. At present, approximately 120 staff work at the centre of government. 3.5 Line Ministries The Law on Administrative Organs determines the number of ministries. At present, there are 21 ministries: Agriculture, Forestry and Water Management Culture Defence Development Economics Education Emigrants Environment Finance Foreign Affairs Health Information Interior Justice Labour and Social Policy Local Self-government Science Trade Urban Planning and Construction 10

11 Transport and Communication Youth and Sports The Law on the Government, the Law on Administrative Organs and other legal instruments determine the organisation of ministries. Ministries are hierarchically organised into departments (uprava), sectors (sektor), divisions (oddelenie) and sections (odsek). 3.6 Interministerial Co-ordination Interministerial co-operation and co-ordination are regulated by the Law on Administrative Organs, the Law on the Government and the rules of procedure of the government. Each ministry or administrative body, before submitting a proposal for a decision by the government, is obliged to consult with other ministries or administrative bodies that are interested in the respective issue. Unless the opinion of other relevant ministries and administrative bodies has been sought, the government may not consider a proposal. For the purpose of interministerial co-operation, the government forms interministerial working bodies. The working bodies of the government are established on a permanent or temporary basis. While reviewing issues within the area of competence of the government, the working bodies co-operate with ministries and other administrative bodies. Permanent working bodies of the government are the government commissions and special government commissions. The government has set up the following interministerial working bodies (commissions): Current Economic Policy Economic System and Development Foreign Affairs, Defence and Security Personnel and Administrative Issues Political System Public Services Each commission is chaired by a president. This position is held by one of the vice-presidents of the government or a minister. Membership is restricted to ministers from the relevant ministries and, where appropriate, high-ranking officials. The secretariat for legislation is also represented on all commissions. The commissions meet at least once a week, before the meeting of the government. In their work, the commissions are serviced by officials from the office of the government under the supervision of the secretary of the government. The commissions deliberations and reports feed directly into decisionmaking at the centre. Special Government Commissions include: Defence Production and Services Energy Housing Immigration 11

12 Privatisation 3.7 Central Non-Ministerial Bodies According to the Law on Administrative Organs, there are the following central non-ministerial bodies: Archives of the Republic of Macedonia; General Services of the Government; Expert Service of the Government; Republic Commission for Religious Affairs; Republic Geodetic Department; Republic Hydrometeorological Office; Republic Office for Judicial Experts; Secretariat for Legislation; Statistical Office. All of these bodies enjoy a degree of independence. Usually, they report directly to the president of the government. The statistical office collects and analyses data from administrative registers, censuses, companies, electoral registers and land registries. The statistical office prepares the statistical abstract and conducts a census every ten years. The secretariat for legislation ensures that proposed laws and other legal instruments are in accordance with the constitution and international law. The secretariat may take part in discussions of the government, but has no right to vote in government meetings. The Law on the Government establishes the secretariat. The Republic Commission for Religious Affairs and the Republic Geodetic Department report to the government. The general services of the government were established by a decision of the government. They execute all support tasks for the government, including operational, technical, administrative and accounting tasks. The head of the general services is directly responsible to the president of the government. 3.8 Executive Budgeting Processes The legal bases for the regular executive budget-making process and the main rules governing this process are contained in the Law on Budgets (Official Gazette of the Republic of Macedonia, No. 79/1993). According to the law, the budget must be prepared on the basis of macroeconomic policy and aggregates and upon an assessment of the likely development of global parameters of macroeconomic policy for the following two years. The budget must be balanced and the budgetary process must be transparent. The funds for state administrative bodies are provided by the budget of the republic. Every July, the minister of finance prepares a report on the fiscal situation in the current budget year, and proposes directives and targets for fiscal policy and the main categories for estimated revenues and expenditures for the next budget year. 12

13 Also every July, the minister of finance prepares a circular letter outlining the main directions for the preparation of budgets and distributes this letter to budget-holders, local self-governments and funds. They must prepare proposals for their budgets, containing information about estimated expenditure in the current financial year and the next financial year. Their proposals must also include a review of the necessary funds for personnel and proposals about future obligations and expenditures. On the basis of these budget proposals, the Ministry of Finance co-ordinates with budget-holders. Afterwards, the minister of finance prepares the budget proposal and submits it to the government in October. In November, the government must submit the consolidated budget proposal to the Sobranie. The minister of finance is obliged to present the budget to the Sobranie. The Sobranie adopts the budget and the balances of payments of the republic no later than 31 December Advisory and Consultative Arrangements The Law on the Government and the rules of procedure of the government provide for two expert councils - the legal council and the economic council - as permanent consultative bodies to the government. Both councils, on request of the government, other administrative bodies or on their own initiative, examine legal, economic and other questions and offer expert advice. Both the legal council and the economic council consist of a chairperson and six members. The government determines membership from among well-known academics and other experts. The government may also create ad hoc councils or committees. The government decides on their remit and membership. 4. Executive Linkages 4.1 The Executive and the Presidency The executive role of the president of the Republic of Macedonia is limited. As noted above, the president represents the Republic of Macedonia and is commander-in-chief of the armed forces. Amongst his/her other powers, he/she appoints and dismisses ambassadors and other diplomatic deputies of the Republic of Macedonia, on the proposal of the government; appoints and dismisses some high state officials, as determined by the constitution and the law. Moreover, he/she decides on amnesty in accordance with the law. The president of the republic can require the government to take a position concerning questions within his/her sphere of competence. The president of the republic or a representative nominated by the president may attend the government s meetings. The president s office has a secretary-general, a chief of cabinet, and several advisors to the president. 4.2 The Executive and Parliament Communication between the government and the Sobranie is regulated by the rules of procedure of the Sobranie and of the government. The general authorisation to represent the government in the Sobranie lies with the president of the government. The government appoints representatives to participate in the work of the Sobranie s sessions and working bodies. The government has the obligation to provide information to the Sobranie and to answer its questions. If the Sobranie asks for the opinion of the government, this opinion has to be delivered in written form, or an authorised representative has to present it orally during the Sobranie s session. The government has the 13

14 right to refuse to answer a question raised by the Sobranie or a deputy if the question falls outside the government s competence. The Sobranie and deputies may make an interpellation concerning the work of any public office-holder, the government, any of its members, and other state bodies. An interpellation requires the support of at least five deputies. All deputies have the right to submit questions to the government and other state bodies. The mode and procedures for submitting and debating on an interpellation and parliamentary questions are regulated by the rules of procedure of the Sobranie. For the purpose of controlling the implementation of public budgets, the Sobranie has established an independent office (Sluzba), whose functions and powers are regulated by the Law on the Budgets. This office reports to the Sobranie. 4.3 The Executive and Political Parties All Macedonian governments since the establishment of parliamentary democracy have been coalitions. The Law on Political Parties (Official Gazette, No. 41/1994) stipulates that party funding may come from membership fees, donations, grants, profits, gifts, credits, legacies and from the budget of the republic. The law prohibits financial support from foreign governments, international organisations, organs and organisations of foreign states and other foreign persons; from domestic state bodies and local self-governments above the amount established by the budget of the Republic of Macedonia; and from companies in public or state ownership, including those that are in the process of privatisation. The law limits the amount of individual gifts and donations and endowments to no more than 100 average salaries in the republic. During elections, they are limited to no more than 200 average salaries. The funds from the budget of the republic are distributed on the basis of electoral support and the number of seats in the Sobranie. Thus, 30% of the total is equally shared between parties that have obtained at least 3% of the vote, and 70% is distributed proportionally to the number of seats. 4.4 The Executive and Organised Civil Society In accordance with the constitution, the Law on the Government, the Law on Administrative Organs and the rules of procedure of the government, the government co-operates with companies, organisations, chambers and other associations in matters of mutual interest. The government has the right to ask such institutions for opinions and suggestions on important policy issues and draft legislation. The government may form commissions and other working bodies in agreement with such institutions to prepare legislation and other policy initiatives and to facilitate co-operation in general. The government considers initiatives from the interested institutions and NGOs. If the government considers it desirable, representatives of NGOs may be invited to participate in meetings of the government or its working bodies. The government is one of the parties in the tripartite negotiations between the government, the trade unions and the business chambers. 4.5 The Executive and the Media The government informs the public through press releases, bulletins, press conferences and statements by the president, vice-presidents and other members of the government. The president of the government is responsible for the publicity of the actions of the government. The secretariat for information is in charge 14

15 of informing the public about the work of the government in accordance with directions from the government. The government has a spokesperson. The Macedonian Information Service is a newly established government information service. Electronic tools ( and Internet) are being used for communication with the media and the public. There is a government Website at the following address: On the government Website, information is posted about the Government of the Republic of Macedonia, government bodies, members of the government, documents, links, and national symbols. 5. Subnational Government 5.1 Decentralised State Administration State administration is decentralised. There is no integrated regional state administration in the form of general-purpose central offices at the subnational level. Instead, most ministries have their own regional units that are legally part of the respective ministry. Their legal basis is contained in the Law on Administrative Organs. Regional units work under the supervision of the corresponding ministry. The respective minister appoints the heads of the regional units, and they are obliged to act in accordance with the ministry s policy. The following ministries have regional units (the number of units reflects the former territorial division of the country): Agriculture, Forestry and Water Management: 36 regional units Defence: 34 Economics: 33 Education: 34 Finance: 34 Health: 30 Interior: 30 Justice: 34 Labour and Social Policy: 34 Transport and Communications: 10 Urban Planning and Construction: Regional Government There is no regional government in the Republic of Macedonia. 5.3 Local Government The constitution guarantees the citizens right to local self-government. In May 1997, the Republic of Macedonia ratified the European Charter for Local Self-government. This right is exercised in the 15

16 municipalities as units of local self-government. The municipality is autonomous in the execution of its constitutionally and legally determined competencies. A new Law on Local Self-government was passed in November 1995 (Official Gazette of the Republic of Macedonia, No. 52/1995). This law regulates the mission, responsibilities, organisation and functioning of local authorities and citizen participation in local decision-making. According to the new territorial division, the Republic of Macedonia has 123 municipalities (instead of the previous 34). On the basis of the Law on Local Elections (Official Gazette of the Republic of Macedonia, No. 46/1996), local elections were held in November A mayor and a municipal council have been established in each municipality. Amongst other functions, municipalities: adopt development programmes for the city or town; adopt a municipal budget and a financial statement; adopt programmes for land use; determine tax bands and collect taxes in accordance with the law; organise the construction and maintenance of local roads and streets; take initiatives, provide opinions and suggestions for the development of facilities for cultural and sports events, pre-school education, primary health care, social and child protection, and other activities at the municipal level; form administrative bodies; establish public services, institutions and enterprises and oversee their work; establish high schools in accordance with the law; and give opinions concerning the establishment of primary schools. The organs of local self-government include the council, the mayor and administrative bodies. If the local self-government is located in a city, it appoints a chief architect. The council holds meetings at least once every three months. The public must not be excluded from meetings dealing with the budget and the financial statement. The mayor is elected in direct elections by secret ballot for a four-year term of office. The mayor represents the local authority and heads its administrative bodies. The municipal administration may take the form of inspections, departments, sections, services, offices and others. Municipalities are financed from their own resources and revenues and budgetary allocations from the government. Local authorities may appeal to courts if the rules, regulations and activities of state administrative agencies and/or the central government infringe on their constitutionally guaranteed powers. For the purpose of horizontal co-ordination and co-operation, municipalities are organised into the Community of Local Self-governments of the Republic of Macedonia. They may co-operate amongst themselves to form joint public services and organisations. 16

17 6. Personnel Management 6.1 Legal Bases and Principles of the Public Service The main legal bases for public employment are the constitution, the Law on Administrative Organs, the labour code, collective agreements and decrees. The civil service is based on the principles of the rule of law, the protection of citizens rights, the protection of the public interest, efficiency and rationality, objective and truthful decision-making, the right of appeal, and the depoliticization of the public services. At present, the law differentiates between public servants who are appointed by the government, the Commission on Elections and Appointments in the Sobranie, and the president of the republic on the one hand, and public servants employed by the administrative organs according to the provisions of the labour code on the other. The human resources management system is in the early stages of reform. A Bill to establish a civil service system and a remuneration code are in preparation. 6.2 Personnel Management The development of personnel policy is centralised. The Law on Administrative Organs, collective agreements and decrees regulates appointments and promotions. Appointments are decided by the government, on the proposal of the relevant minister or other high-level functionaries in administrative bodies. Promotions are decided by individual ministers or other high-level functionaries in administrative bodies. The Commission on Personnel and Administrative Issues serves as one of the working bodies in the government. This commission examines questions connected with personnel policy and provides opinions and suggestions to the government for appointments, promotions and dismissals of functionaries, management staff and managers of public companies appointed by the government. As part of its responsibilities, it monitors the implementation of the conclusions of the government on personnel policy, and it proposes contractual conditions to establish working relations with foreign or stateless persons in administrative organs. There is no centralised training budget. Each ministry develops its own staff training programmes. 7. Administrative Oversight and Control 7.1 Internal Oversight and Control The main internal mechanisms for ensuring the legality of public administration are defined by the constitution, the Law on Administrative Organs, the Law on General Administrative Procedure, and the Law on State Audit. Decisions may be changed or revoked by a higher administrative organ that supervises an administrative organ of the first instance. Central offices in the ministries are obliged to control the legality of the actions of the ministry s regional offices and to supervise the efficiency and rationality of their actions. 17

18 For decision-making in administrative proceedings at the second level on the basis of an appeal, the government has established a total of 11 commissions, specialising in different areas of public administration. Second-level commissions consist of the president of the commission and two members. The presidents of the commissions are appointed from amongst the members of the government or top level officials in the government services. For the purpose of ensuring the legality of the public administration, the law also establishes an administrative inspection. Its work is organised on a regional level. The work of the regional inspectors is supervised and co-ordinated by the chief administrative inspector of the republic. This body supervises the enforcement of the Law on General Administrative Procedure, the Law on Administrative Fees, and other laws connected with the work of administrative organs. Each budget-holder is responsible for organising its internal inspection. The Ministry of Finance inspects the financial probity of public administration. 7.2 External Audit and Control Public auditing is carried out on the basis of the Law on State Audit (Official Gazette of the Republic of Macedonia, No. 65/1997). The state audit is responsible for auditing state expenditures, financial reports, and financial transactions and other issue connected to the auditing of state organs, organs of local selfgovernment, legal persons that are partly or wholly financed through the budget of the republic, the budgets of local self-governments, the budgets of funds, legal persons in which the state is a dominant shareholder, public companies, the national bank of the Republic of Macedonia, and other institutions established by law. Auditing is continuous throughout the year, but obligatory once per year for the budget of the Republic of Macedonia, the budgets of local self-governments and the budgets of funds. State auditing is carried out by the state audit office. The state audit office is responsible to the Sobranie. The Sobranie elects the chief state auditor and his/her deputy for a ten-year term of office. The power to dismiss these office-holders also lies with the Sobranie. 7.3 Public Redress A citizen who is not satisfied with an administrative decision at the first level may lodge an appeal with one of the second-level commissions within 15 days of receipt of the first-level decision. If the appellant is not satisfied with the decision of the second-level commission, a case may be brought before the Supreme Court. The national ombudsman is a state body that protects the constitutional and legal rights of the citizens against violations by the state administration or other public authorities. The national ombudsman is appointed by the Sobranie for a term of eight years and may be re-appointed once. The Law on the National Ombudsman of February 1997 regulates the appointment, dismissal, competencies and method of work of the ombudsman. The Sobranie elected the first national ombudsman on 3 July On 26 November 1997, on the proposal of the national ombudsman, the Sobranie appointed four deputies to the ombudsman. According to the report on the work of the national ombudsman, from the time of the appointment of the ombudsman until 31 December 1999, the number of applications totalled 1183, made by 3880 citizens. At the headquarters of the national ombudsman in Skopje, the capital of the republic, 1272 citizens were received, and 738 citizens from other cities contacted the ombudsman. The breakdown of the submitted complaints was as follows: urban development, civil engineering and protection of the human environment 18

19 (206 cases, or 17.44%), the judiciary (187 cases, or 15.8%), social security (198 cases, or 16.73%), legal property relationships (122 cases, or 10.31%), public services (27 cases, or 2.28%), constitutional freedoms and rights (112 cases, or 9.56%), finances (31 cases, or 2.62%), customs (5 cases, or 0.42%), local selfgovernment (6 cases, or 0.5%), child care (5 cases, or 0.42%), defence (4 cases, or 0.33%), labour relations (147 cases, or 12.42%) and other matters (69 cases, or 5.83%). According to the Law on Courts of 1995, there are 27 courts of the first instance, three courts of appeal and the Supreme Court. All cases first go to the courts of first instance. A party that is not satisfied with the decision of this court may submit an appeal to the court of appeal. The courts of the first instance and courts of appeal have general jurisdiction, but have specialised departments in civil, criminal and commercial law. The cases are handled by a single judge or by a judicial panel, consisting of one judge and two jurors or three judges and two jurors, depending on the nature of the case. The Supreme Court of the Republic of Macedonia is the highest court in the country and guarantees equal implementation of the laws by all courts. Administrative cases are decided in this court. The Supreme Court has a specialised department dealing with administrative disputes. Citizens may appeal to the constitutional court. The Permanent Inquiry Commission on the Protection of the Freedoms and Rights of Citizens is one of the working bodies of the Sobranie. Citizens may address complaints or questions to this commission. They may also address their complaints or questions to the commissions for complaints and petitions established by the Sobranie and by the government. There is also the possibility for citizens to complain to the president of the republic. 8. Administering European Integration 8.1 The Institutional Framework of EU-Related Policy-Making The Republic of Macedonia is committed to rapid integration into the European Union. Full diplomatic relations with the EU were established at the end of On 29 April 1997, the Co-operation Agreement, Financial Protocol and Transport Agreement with the European Union were signed. The government adopted the document Basis for the Strategy of the Republic of Macedonia for achieving associated member status of the EU, and on 1 January 1998, the Co-operation Agreement came into force. In March 1996 the European Council adopted the decision to include the Republic of Macedonia in the PHARE Programme. The Framework Agreement between the Republic of Macedonia and the European Union, which opened up PHARE assistance to Macedonia, was signed in June In December 1997, the Committee for Euro-Atlantic Integration (CEAI) was established in the government as a special interministerial committee (Official Gazette, Nos. 62 and 63, 8 December 1997). The committee is chaired by the president of the government and consists of the vice-presidents of the government and the ministers of foreign affairs, defence, finance, the interior, justice, economics, agriculture, and urban development. On the proposal of the president of the government, the president of the national bank and the president of the Macedonian Academy of Sciences and Arts also participate in the work of the CEAI. The secretary of the CEAI is the under-secretary for Euro-Atlantic Integration at the Ministry of Foreign Affairs. In the Ministry of Foreign Affairs, a department for the EU has been established to improve communication between the government and the EU. 19