site.btaNorth Macedonia Constitutional Court Terminates "Ethnic Balancer" Mechanism for Hiring in State Administration

The Constitutional Court of the Republic of North Macedonia has declared unconstitutional articles of several laws that refer to a mechanism for achieving ethnic balance for those working in the state administration, known as the "Ethnic Balancer".

Constitutional Court President Darko Kostadinovski said at a press conference that as a tool for the fair representation of ethnic communities, the  "Ethnic Balancer" violates the constitutional provisions for freedom of expression of national affiliation, as well as the prohibition of discrimination in employment. Kostadinovski rejected possible accusations that the Constitutional Court is creating tension with its decision and pointed out that the legislative body is the one that should find a constitutional solution to achieve an ethnic balance in the public administration.

Kostadinovski was adamant that the court's decision was based on a constitutional-legal analysis. He noted that the decision was not made under anyone's influence and when the consideration of this issue began, no one knew that the end of the "Ethnic Balancer" would be included in the pre-election promises of any political party.

"Politicians should not ethnicize and politicize the decisions of the Constitutional Court," said Kostadinovski, and specified that the decision was made by majority in a secret ballot and it does not have retroactive effect.