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The legal status of non-governmental organizing in the Republic of Macedonia
The freedom of associating guaranteed by the Constitution and laws
The way of forming civic associations, the legal frame about their forming and generally, the legal status of non-governmental organizing in our country is a constantly topical issue. For those who are interested in the procedure of forming civic associations, we asked Mr. Jonche Cvetkovski from the Ministry of Justice of the Republic of Macedonia to briefly present the legal frame in this field:
“The legal status of non-governmental organizing in the Republic of Macedonia results from the concept of the Constitution of the Republic of Macedonia where, among the other things, the basic civic freedom and rights are guaranteed, setting a man and a citizen as a basic carrier of personal and political rights. The Constitution of the Republic of Macedonia defines civic and political freedom and rights as one of the basic values of the constitutional order and it processes them in several departments and groups. The freedom of associating belongs to the group of political freedom and rights.
 The freedom of associating is the basic means not only of a political, but also of a wider social action. Among the most exposed forms of freedom of associating are on a political plan by forming political parties, but also by voluntary associating in civic associations and other forms to realize various common interests.
Realizing the right of freedom of associating guaranteed by the Constitution is realized in a way and procedure regulated by appropriate laws. In this sense, the Law for civic associations and foundations covers the widest form through which citizens freely associate to realize certain, above all, personal and social rights and interests.
The Law also determines the number of citizens who can be founders of a certain association, as well as the way of acquiring the status of their legal subjectivity. The Law directs the founders in a certain procedure to pass a statute and together with the prescribed procedures to register the association in competent court, thus the association acquiring a characteristic and status of a legal entity and equals itself with the rights and interests of the other legal entities existing in the society. However, apart from this form of organizing citizens, there is also another form where members of a certain profession and business associate in certain forms of associations, by force of law. Namely, certain material laws, for example, the Law for legal profession, the Law for health protection and other laws, contain regulations by which people of certain profession or business associate in appropriate associations. In the first case it is the Lawyers’ Chamber of the Republic of Macedonia, and in the second case it is the Doctors’, that is Pharmacists’ Chamber of the Republic of Macedonia. This kind of civic associating by certain profession or carrying out certain business, have legal status by the force of law and are not subject to registration in front of a competent, state or court organ. The way of their organizing and work is regulated by the Statute, which also, by the force of law, the organs which are presented as legal entities are obliged to pass it and form it.”
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