The Constitutional State

One of the members of the Expert Constitutional Group Dimitar Mircev has qualified it in the following manner: "It will assume the form of a cross between the classical parliament and the semi-presidential system." "The conception of the Expert Group, owing to the Macedonian peculiarities and the instigation of the democratic processes, the absence of democratic traditions etc, was to achieve the balance of the main factors in the power sharing process, to neutralize the excessive power of some of its organs", says doctor Mircev. Neither he nor his colleagues believe that they have put forth the proposal for an optimal constitution. They simply believe that the Constitution Committee has suggested the best available solution to the Parliament, bearing in mind different party and expert opinion. At the same time, even the initial reactions of the foreign constitutional experts agree that in its fundamental characteristics the presented paper corresponds to the democratic needs of a democratic state. No opinion, however, could satisfy the maximum of the nationalist demands, deeply buried in the nationalist ghetto trenches of the two opposing sides: the main nationalist Macedonian party (VMRO) and the segment of the radical wing of the coalition Albanian parties. During one of the session interruptions, the Albanian MPs cried out that "one can detect a smell of gunpowder" and that Macedonia will end up the same way as Croatia. On the other hand, the attitudes and the presentations of the leftist Macedonian political parties, who are arguing for the civilian state order, are regularly being dismissed by the VMRO MPs as "being treacherous with regards to the Macedonian interests", and as "in effect, supporting the sale of Western Macedonia". The Reformist-Liberal Party, headed by the Parliament President Stojan Andonov, has added to the existing confusion. Namely, one of the party delegates has proposed an amendment on Act 1 of the Constitution, whereby Macedonia could be defined as "the homeland of the Macedonian people and all of the citizens living on its territory". Although contrary to the reformist- liberal political conception and their support for the civilian constitution, the party interests of Mr. Andonov were very simple: he was counting on the fact that the amendment won't go through, because of the numerical supremacy of the left and the main parties' MPs, so the reformist-liberal MPs were frequently accused of being anti-national and of not truly having the Macedonian interests at heart. In other words, the pre-election party campaign of having all sides satisfied was put to action. But there is a snag here: owing to the absence of party leaders during the voting time in the Parliament and to the exhaustion of MPs, but also because of the "revenge" for the party campaign "over their backs" - the MPs of the Social-Democratic Association of Macedonia who were present (eleven of them) voted for the amendment, and it was passed. The protectors of the Macedonian national state were jeering, whereas the others claimed that this amendment goes against the whole concept of the Constitution. The overwhelming Albanian majority demonstratively left the session, not wanting to accept the unequal treatment of the Albanians. Neither Gligorov (the President Macedonia) nor Tupurkovski (the Macedonian delegate in the Federal Presidency) wanted to "save the issue", although the VMRO delegates were openly calling upon them to do so. Obviously, when the politically sensitive ground, such as defining the pillars of sovereignty within the state Constitution is concerned, what the liberal Andonov has messed up, he himself had to disentangle. After a series of protracted and troublesome discussion, the Parliament adjourned the following day, and following the discovery of the escape clause in the voting procedure, the voting was held again concerning Act 1 of the new constitution. The earlier proposal of the Constitution Committee was accepted ("The republic of Macedonia is an independent, sovereign, democratic and social state, and the sovereignty of the republic of Macedonia is indivisible, inalienable and untransferable.") This time the delegates of VMRO were the dissatisfied party, so they have, after asking for a two day recess ("for consulting the rank and file"), left the Parliament session, whereas the "rank and file" in the representative "committee" sample of 30 to 40 bearded men with flags came out into the square and then went to protest in front of the Parliament. The following day, Ms Dosta Dimovska, the Vice-President of VMRO, announced the determined stand of her party concerning the holding of the "referendum for the national character of the Constitution", claiming that VMRO does not wish to discuss the issues of national interest with anyone and is not willing to compromise.