The so called ‘agreement’ signed on June 17, 2018 in Nivici, near Prespa Lake, was not concluded on behalf of the Republic of Macedonia. This agreement is concluded, as it is written in the text, between the Greek republic and some other party for which the name is not mentioned, but is described by a number and date of the agreement itself, writes retired Supreme Court judge Milojka Kalkashlieva in a letter published in Nova Makedonija. The fact is, legally, Macedonia did not sign anything.
The Republic of Macedonia is a country, with a name in which the word Macedonia is the root of the state since ASNOM in 1944 – democratic, socialist, but always the Republic of Macedonia, without any additions between the Republic and Macedonia. Until 1991 was a part of the Yugoslav Federation, and since September 8, 1991, the Republic of Macedonia is a sovereign and independent state with its own Constitution and laws, which, according to the Constitution, everyone is obliged to respect – this includes Zaev.
According to the Constitution, the international agreements on behalf of the Republic of Macedonia are concluded by the President of the Republic of Macedonia. The government could, but only when it is determined by law. The Minister, in turn, and the Minister of Foreign Affairs, can not act on behalf of the Republic of Macedonia as a contracting party in concluding an international agreement. Hence, the Prespa Agreement can not create obligations for the Republic of Macedonia, due to the fact that the name of the state Republic of Macedonia as a contracting party and the fact that the Minister of Foreign Affairs signed the contract as an authorized representative of the second party is not specified. The Government could not authorize the Minister to sign such an agreement, because the Government is not competent to sign an agreement on changing the name of the state.
This stems with the adoption of the Law on Conclusion, Ratification and Enforcement of International Agreements (“the Service Gazette “no.5 / 98), which precisely determine the procedure for concluding international agreements by the Republic of Macedonia.
Moreover, in the Interim Accord, nor in the resolutions of the Security Council 817 and 845, it is not a matter of changing the constitutional name of the Republic of Macedonia. The change of the constitutional name and its use erga omnes is the “creative” acceptance by a Government whose rise to power is questionable and who accepted foreign dictates. No one has the right to change a country’s name, not even the president of the state for which there is no limit to the conclusion of international agreements. Even the president has no right to agree with a foreign nation to change the constitutional name of the Republic of Macedonia. The Constitution forbids this, and international agreements can not be concluded without a constitutional foundation.
The concluded international agreement must be in accordance with the Constitution of the Republic of Macedonia, and the Assembly may ratify it only if it is in accordance with the Constitution.
Therefore, gentlemen MPs, beware, it is your duty to obey the Constitution, you have sworn it, you are MPs in the Assembly of the Republic of Macedonia and you can ratify only an international agreement in which the Republic of Macedonia is a contracting party and whose content is in compliance with the Constitution. When deciding on ratification, the Constitution must be your guide even though you appear to work under different guides, guides from outside.
The Prespa Agreement is not a treaty of the Republic of Macedonia, read the text very carefully. Our state – the Republic of Macedonia, is not in that agreement. Look at the archives of the Assembly and you will see how many international agreements have been ratified by the Assembly and every single one of them is with our Constitutional name,the Republic of Macedonia. Will you ratify an international agreement in which the Republic of Macedonia does not stand as a signatory?
The content of the Prespa Agreement does not look like an agreement, but unilaterally given orders from the first party (Greece) that must be done by the second party (Macedonia), for the end, the second party after doing everything the first party requests, can expect and receive some sort of “gifts”.
The orders, however, given by the first party to the other side are ludicrous, terrible, and not allowed in international law and with them, among other things, violates the Charter of the United Nations, and in the preamble of the agreement they are called upon. I do not believe that there is a state that accepts such orders, and the government wants to sell this travesty as a way to a bright future?
On the second page, the procedure and content for amending the Constitution are dictated. The Constitution of the Republic of Macedonia can not be changed after the dictation of another state. This is the very definition of insanity.
The Constitution of the Republic of Macedonia contains provisions that regulate the issue of amending the Constitution. According to these provisions, a proposal for accession to changes to the Constitution may be submitted by the President of the Republic, the Government, at least 30 deputies or 150,000 citizens. But this is not to change the Constitution. Only 2/3 majority in Parliament can initiate such change.
It’s shame and great humiliation for the state if the Government, as its proposal for amendments to the Constitution, submitted the illegal Prespa Agreement. But from this government, now anything can be expected. However, the two-thirds majority required by the Constitution for accession to changes to the Constitution, and my hope is this will be prevented.
The ratification of the Prespa Agreement cannot be ratified, however, if the interests of a foreign state are more important than the ones of our national interests, the hope remains with the President of the State, and then in the Constitutional Court, whose constitutional duty is to protects the Constitution.
Is it worth, to ask the Republic of Macedonia and the Macedonian people for self-destruction as a state and as a people, for a date for accession negotiations with the EU and for membership in NATO, while the future of both of these organization is less certain with each passing day?
And with the Prespa Agreement, this is exactly what is required of us. Let’s not let that happen!