Original scientific paper
https://doi.org/10.31141/zrpfs.2020.57.138.1193
Procedural unconstitutionality and illegality of Prespa Agreement
Dejan Saveski
Abstract
The Prespa Agreement signed on June 17, 2018, which changed the constitutional name of the Republic of Macedonia, is a precedent on international law. In the procedure of his conclusion, ratification, and execution were committed serious violations of procedural rules. Although the violations that this agreement produces are numerous, and with different nature, the focus of this paper is on procedural violations. The Prespa Agreement also has a lot of substantial mistakes which is in confrontation with the Constitutional, and the international law because the Prespa Agreements provisions derogate some essentially fundamental rights as a right of self-determination. But this paper is focused only on fundamental violations of legal norms that prescribes the procedure for promulgation of the Prespa Agreement - the process of negotiation, conclusion, ratification, and publishing. The process of negotiating, signing and ratifying the Prespa Agreement is followed by flagrant violations of the constitutional norms, statute norms, and the norms of the Vienna Convention on the Law of Treaties in the part that regulates the issue of persons who was competence for adopting an authenticating the text of a treaty. Besides the introductory part and historical introduction to the genesis of the problem, the focus of this paper is the procedure of negotiating, concluding, and ratifying the Prespa Agreement. The procedural aspects of the referendum on the Prespa Agreement will be elaborate in the part called “negotiation and conclusion of international agreement” because, by the time being, this referendum was issue notice after the conclusion phase and before ratification.
Keywords
Prespa Agreement; President; decree; Constitution; law; ratification
Hrčak ID:
245710
URI
Publication date:
29.10.2020.
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