STATE OF EMERGENCY AND DIVISION OF POWERS: THE COVID-19 CASE IN NORTH MACEDONIA

Abstract

The outbreak of the COVID-19 pandemics in 2020 was not only a health issue and an extreme challenge for the health systems of the countries, but it had also a significant impact on the functioning of the institutions and legal systems. Many countries, including my own country, the Republic of North Macedonia, decided to introduce a state of emergency, a constitutional last resort in an extreme situation, in order to secure the functions of the state in the given circumstances. Beginning with the functioning of the health system, continuing with the functioning of the economy, providing social services and, last but not least, providing security for the citizens. The state of emergency, in general, challenged the two main pillars of the democratic constitutional orders: division of powers and the protection of human rights and liberties. The main focus of the paper is on the constitutional and legal basis of the state of emergency, control mechanisms of the executive branch of state power during state of emergency and learned lessons from the last state of emergency. The paper, also, analyzes, the draft Law on State of Emergency prepared by the Working Group established by the Ministry of Justice of the Republic of North Macedonia.