THE CONSTITUTIONAL COURT OF THE REPUBLIC OF NORTH MACEDONIA AND THE JUDGMENTS OF THE REGULAR COURTS

Abstract

The subject of this paper is one of the primary tasks of constitutional courts: to ensure that human rights guaranteed by the constitution are respected and implemented in everyday life. This is achieved by adhering to two critical aspects of the process of resolving disputes related to fundamental rights: determining whether a rights violation has occurred and deciding on appropriate measures for restoring or compensating for the violated rights. To strengthen this role of constitutional courts, it is recommended to introduce the possibility of annulling unconstitutional judicial decisions. The constitutional court should have the authority to nullify court decisions that conflict with the constitution, thereby providing greater protection of fundamental human rights. This text focuses on the two critical aspects of proceedings before constitutional courts, as well as the need to introduce a mechanism for the annulment of unconstitutional court decisions. Therefore, the aim of this paper is to examine the legal concept of introducing the possibility of annulling unconstitutional judicial decisions and analyze its significance for legal certainty and the protection of human rights. Additionally, an analysis will be conducted on the situation in the Republic of North Macedonia, with a particular focus on existing mechanisms for human rights protection and opportunities for enhancing constitutional oversight over judicial decisions