106

Article 106 The Public Prosecutor's Office is a single and autonomous state body carrying out legal measures against persons who have committed criminal and other offences determined by law, it also performs other duties determined by law. The Public Prosecutor's Office carries out its duties on the basis of and within the framework of the Constitution and law. The Public Prosecutor is appointed by the Assembly for a term of six years and is discharged by the Assembly. Article 107 The Public Prosecutor is granted immunity. The Assembly decides on his/her immunity. The office of the Public Prosecutor is incompatible with the performance of any other public office, profession or membership in a political party. IV. THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MACEDONIA Article 108 The Constitutional Court of the Republic of Macedonia is a body of the Republic protecting constitutionality and legality. Article 109 The Constitutional Court of the Republic of Macedonia is composed of nine judges. The Assembly elects the judges to the Constitutional Court by a majority vote of the total number of Representatives. The term of office of the judges is nine years without the right to reelection. The Constitutional Court elects a President from its own ranks for a term of three years without the right to reelection. Judges of the Constitutional Court are elected from the ranks of outstanding members of the legal profession. Article 110 The Constitutional Court of the Republic of Macedonia - decides on the conformity of laws with the Constitution; - decides on the conformity of collective agreements and other regulations with the Constitution and laws; - protects the freedoms and rights of the individual and citizen relating to the freedom of conviction, conscience, thought and public expression of thought, political association and activity as well as to the prohibition of discrimination among citizens on the ground of sex, race, religion or national, social or political affiliation; - decides on conflicts of competency among holders of legislative, executive and judicial offices; - decides on conflicts of competency among Republic bodies and units of local self- government; - decides on the answerability of the President of the Republic; - decides on the constitutionality of the programmes and statutes of political parties and associations of citizens; and - decides on other issues determined by the Constitution. Article 111 The office of judge of the Constitutional Court is incompatible with the performance of other public office, profession or membership in a political party. Judges of the Constitutional Court are granted immunity. The Constitutional Court decides on their immunity. Judges of the Constitutional Court cannot be called up for duties in the Armed Forces. The office of a judge of the Constitutional Court ceases when the incumbent resigns. A judge of the Constitutional Court shall be discharged from office if sentenced for a criminal offence to unconditional imprisonment of a minimum of six months, or if he/she permanently loses the capability of performing his/her office, as determined by the Constitutional Court. Article 112 The Constitutional Court shall repeal or invalidate a law if it determines that the law does not conform to the Constitution. The Constitutional Court shall repeal or invalidate a collective agreement, other regulation or enactment, statute or programme of a political party or association, if it determines that the same does not conform to the Constitution or law. The decisions of the Constitutional Court are final and executive. Article 113 The mode of work and the procedure of the Constitutional Court are regulated by an enactment of the Court. V. LOCAL SELF-GOVERNMENT Article 114 The right of citizens to local self-government is guaranteed. Municipalities are units of local self-government. Within municipalities forms of neighbourhood self-government may be established. Municipalities are financed from their own sources of income determined by law as well as by funds from the Republic. Local self-government is regulated by a law adopted by a two-thirds majority vote of the total number of Representatives. Article 115 In units of local self-government, citizens directly and through representatives participate in decision-making on issues of local relevance particularly in the fields of urban planning, communal activities, culture, sport, social security and child care, preschool education, primary education, basic health care and other fields determined by law. The municipality is autonomous in the execution of its constitutionally and legally determined spheres of competence; supervision of the legality of its work is carried out by the Republic. The carrying out of specified matters can by law be entrusted to the municipality by the Republic. Article 116 The territorial division of the Republic and the area administered by each municipality are defined by law. Article 117 The City of Skopje is a particular unit of local self-government the organization of which is regulated by law. In the City of Skopje, citizens directly and through representatives participate in decision-making on issues of relevance for the City of Skopje particularly in the filed of urban planning, communal activities, culture, sport, social security and child care, preschool education, primary education, basic health care and other fields determined by law. The City of Skopje is financed from its own sources of income determined by law, as well as by funds from the Republic. The City is autonomous in the execution of its constitutionally and legally determined spheres of competence; supervision of the legality of its work is carried out by the Republic. By law, the Republic can entrust the carrying out of specified matters to the City. VI. INTERNATIONAL RELATIONS Article 118 The international agreements ratified in accordance with the Constitution are part of the internal legal order and cannot be changed by law. Article 119 International agreements are concluded in the name of the Republic of Macedonia by the President of the Republic of Macedonia. International agreements may also be concluded by the Government of the Republic of Macedonia, when it is so determined by law. Article 120 A proposal for association in a union or community with other states or for dissociation from a union or community with other states may be submitted by the President of the Republic, the Government or by at least 40 Representatives. The proposal for association in or dissociation from a union or community with other states is accepted by the Assembly by a two-thirds majority vote of the total number of Representatives. The decision of association in or dissociation from a union or community is adopted if it is upheld in a referendum by the majority of the total number of voters in the Republic. Article 121 A decision of association or dissociation concerning membership in international organizations is adopted by the Assembly by a majority vote of the total number of Representatives of the Assembly and proposed by the President of the Republic, the Government or at least 40 Representatives of the Assembly.