Iustinianus Primus Law Review

THE IMPACT OF THE ELECTORAL SYSTEM ON THE DEVELOPMENT AND FUNCTIONING OF THE MACEDONIAN POLITICAL SYSTEM

2025-06-01T22:04:10+02:00

Giovanni Sartori in his famous book Comparative Constitutional Engineering pointed out that the electoral
systems are not only the most manipulative instrument of politics but also they influence the shaping of the
party system and the determination of representativeness. In that regard, the theory is always emphasizing
the influence of the electoral system over the stability of the political system, the consolidation or
fragmentation of the party system, the relationships between the elected and the voters, the voters’ turnout,
the corruption present in the electoral process, the conflict management process in one divided society, etc.
In that perspective, the Macedonian story is a great possibility to analyze the influence of the electoral
system over the political system taking into consideration that Macedonian political elites throughout the
years often decided to change the rules of the electoral system when electing Macedonian MPs. The first
and the second parliamentary elections were held using the Majoritarian electoral system. For the third
parliamentary election, Macedonian political elites decided to introduce the parallel electoral system. In
2002, another change happened and the proportional electoral system with a closed list was introduced.
Since then, all parliamentary elections have been organized by using this electoral system. In the last couple
of years in the wider public, the need for electoral reforms and the introduction of a new electoral system
were often raised. Having all this into consideration, the paper will aim to analyze the influence of different
electoral systems over the development and functioning of the Macedonian political system, as well as, to
analyze what kind of impact newly proposed electoral solutions could produce.

THE STATUS OF MACEDONIAN EDUCATION AFTER THE AGREEMENT FOR FRIENDSHIP, GOOD NEIGHBORHOOD AND COOPERATION BETWEEN THE REPUBLIC OF MACEDONIA AND THE REPUBLIC OF BULGARIA FROM 2017

2025-06-17T20:29:16+02:00

The independence of the Republic of Macedonia in 1991 visibly stirred the spirits of the
neighboring states that included part of the territory of geographical and ethnic Macedonia.
These countries, aware of the new situation, and especially of the struggle of the Macedonian
state for international recognition, as well as for membership in the Euro-Atlantic integrations,
used every opportunity to achieve goals that ranged from changing the Constitution, the
constitutional name, the national flag, education, to degrading definitions of language, history,
culture and other interference in the internal affairs of the state at multiple levels. It is evident
that a special emphasis was placed on education, or rather on history and history textbooks, and
in the case of Bulgaria, additionally on the Macedonian language and culture, with which the
intention is to prove that Macedonians do not exist, nor a Macedonian state that would
encouraged self-determination of other Macedonians in neighboring countries. Because of that
our interest is to raise the question: if this is the moment when the Bulgarians should impose
their demands and causes, for the Macedonians this is the moment when they should not
succumb to the Bulgarian demands. After all, assimilation does not belong to the XXIst century,
it is part of previous centuries, and assimilation of the Macedonians is even less possible because
if it was not done when they did not have a state, institutions and their own education, at a time
when they have all of the above, it is simply impossible. That is why real good neighborly
relations, facing the historical truth accepted by the world, apologizing for historical crimes,
mutual respect and putting an end to the endless demands to highlight one's own at the expense
of others are the solution for permanent reconciliation in the Balkans.

MACEDONIAN MONETARY SOVEREIGNTY IN TIMES OF BLOCKCHAIN REVOLUTION

2025-06-01T22:06:03+02:00

The adoption of the Constitution of the Republic of Macedonia established the Macedonian central bank as
one of the pillars of the Macedonian monetary sovereignty. In the first years of the country’s independence
the central bank was facing a unique challenge in establishing the Macedonian national currency the denar
which was done in a period of transition of the Macedonian economy from socialistic to market economy
amid wars and political instabilities in the region. Thirty years after the monetary independence, the
monetary sovereignty is challenged not only by the process of creation and use of private money i.e.
cryptocurrencies but also from the process of creation of digital central bank money called central bank
digital currencies. After a brief review of the historical moment in establishment of the Macedonian
monetary sovereignty the text will discuss different questions related to the effects of digitalization of
money on the Macedonian monetary system and the challenges for the Macedonian central bank in this
respect.

SOME PERSPECTIVES ON THE UN SECURITY COUNCIL REFORM PROPOSALS

2025-06-01T22:07:46+02:00

The calls for reform of the UN Security Council, which are as old as the organization itself,
have been in the international spotlight again with the wars in Syria and Ukraine and the
vetoes that Russia (and China) used to block any measure regarding them. In this paper, I will
briefly present and critically discuss the three groups of proposals that are mostly given for
reforming the Council: the enlargement proposals, the proposals for reforms of the working
methods of the Council, and the proposals for reforms of the veto. All of these proposals have
some merit (albeit different) and try to address some deficiency in the functioning or design
of the Council. Therefore, despite the low likelihood of success, all of these reform proposals
should be pursued because they (at the very least) serve as a tool for putting pressure on the
permanent members to uphold their responsibilities that to the UN and the international
community as a whole.

THE RISE AND FALL

2025-06-01T22:11:39+02:00

The end of the 20th century has brought important transformations to the European continent. Europe
has experienced the collapse of the Soviet Union and Yugoslavia. The change of the political map and
the birth of new states, whether in the former Yugoslav or Soviet space, has enabled their
internationalization and establishment of bilateral communication and relation with many countries. In
this context, global powers saw new possibilities for influence and presence in different areas. This
article analyses the interstate bilateral relations between the Republic of Macedonia and the Russian
Federation during the post-Soviet period with focus on several “hot” topics: Russian position during
2001 conflict, Macedonian - Greek name dispute and Russian attitude regarding the integration of the
country in NATO. The main argument of the paper is that the improvement or deterioration of RussianMacedonian relations, their rise and fall over time has been influenced by the general climate of the
Russian-Western relations.

THE MAKING OF MODERN CONSTITUTIONS

2025-06-01T22:13:23+02:00

The paper ,,The Making of Modern Constitutions- Constitutions and Constitutionalism in the
Cradle of Constitutional History” elaborates the development of constitutions and
constitutionalism throughout history. The paper analyzes different periods of the development of
the constitutionality with particular reference to the most significant constitutions - constitutiоns
that introduce constitutional innovations and new principiles and values. The author outlines the
historical struggle for the constitution that will limit arbitrary and voluntarist rule, as well as the
effort to guarantee and protect the human rights.
A special focus in the paper is the constitutional history of England and the development of
constitutionalism in the United States of America, as well as the constitutional history of European
countries throughout different historical periods.
The development of constitutionalism is also represented through the elaboration of institutes,
principles and values that represent constitutional innovations and novelty, and at the same time
inspiration for new constitutional solutions.

INTERNATIONAL TRANSFER OF PERSONAL DATA BETWEEN THE EU AND COUNTRIES OUTSIDE THE EU

2025-06-01T22:15:19+02:00

Since May 2018, the global concept of personal data transfer has seen major changes, driven by the
reforms of the EU’s Data Protection Legislation, when the new regime of diversified mechanisms for
transfer to third countries came into effect. The article aims to give an overview of the European Union’s
contemporary legal framework and the tools for international data transfer. In addition, the article will
briefly present the legal provisions for personal data transfer of some other countries, constructed and
further developed under the influence and inspiration of the "almost perfect" EU regulatory solution. The
purpose and the main value of the paper is to demonstrate that internationally harmonized mechanisms for
transfer of personal data will not hinder, but positively govern the global international exchange,
development and cooperation. The value of the article is increased due to the fact that improved
mechanisms for international data flow are a relative novelty, and in certain parts of the economically
developed world, which will be briefly covered, are in their absolute infancy. The main hypotheses of the
paper are based on the following premise: GDPR’s data transfer tools are the best mechanisms so far,
which tend, with certain improvements in practical implementation, to ensure the full realization of
personal data protection right, in case of data flows outside the EU borders, and the legal provisions for
personal data transfer of certain foreign countries (Middle East/Gulf Cooperation Council members) are a
reflection of the GDPR, thus providing the same level of personal data protection during transfer to those
countries. At the same time, the rules are not an obstacle for the smooth running of international business
and other types of valuable transactions.

CONSTITUTIONAL COURT OF THE REPUBLIC OF CROATIA AND THE „ABORTION DECISION“

2025-06-01T22:18:06+02:00

Authors discuss the context, implications, and major challenges of implementing the Croatian
Constitutional Court's historic 2017 „Abortion decision“. Twenty-six years after it was originally
challenged, the socialist era abortion-enabling 1978 law withstood the test of constitutionality against a new
constitutional and value order introduced by the 1990 Croatian constitution. This preservation and
constitutionalization of the periodic abortion model drew on a systemic and teleological interpretation of
constitutional guarantees of the rule of law (regarding contestation of the law’s formal constitutionality,
seeing as it predated the new Constitution), equality, freedom and personhood, protection of dignity,
privacy, family life, and freedom of thought, conscience, and religion. It thus authoritatively protected a
woman's right to terminate her pregnancy on demand, while simultaneously relegating to the Parliament
the option of exactly pinpointing the start of „life “and underlining the necessity of modernizing this almost
50-years-old piece of legislation. However, such a parliamentary mandate to complete the constitutional
architecture of the right to freely decide on childbirth comes with a few issues and potential problems. This
paper thus intends to highlight the major challenges in implementing the Court's decision, the foremost
among them: issue of conscientious appeal. The authors discuss the remit of this phenomenon, identifying
its „hard limits “and expounding on limitations and conditions that will have to accompany its future
regulation. The potential abuse of power inherent in the right to conscientious appeal and its potential to
impose a health practitioner's private opinion on other citizens and thus disable access to a legal health
service will, the authors hold, be a true litmus-paper of the future abortion legislation's constitutionality.