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The Constitution does not allow government’s intention for Parliament to work online

Zoran Zaev’s announcement that due to the coronavirus the Government will work online and that he recommends the same to the Parliament went unnoticed. First, in what capacity does Zaev, as the executive power, request or recommend the Parliament, which is the legislative power, to work online.

It is perfectly clear to the government that a majority of 62 MPs is not a majority, much less stable. On top of that, we now have two MPs positive for the coronavirus which reduces the number.

That is why Zaev’s announcements that the Parliament can work online and that MPs can pass laws from the comfort of their home are to no purpose.

The Parliament simply cannot make decisions without the physical presence of the MPs and if that is done, several articles of the Constitution will be violated.

Article 69 states that the Parliament can work if the majority of the total number of MPs is present at the session. The Parliament decides by a majority vote of the MPs present, and by at least one-third of the total number of MPs, unless the Constitution provides for a special majority.

In addition to the Constitution, this idea is contrary to the Parliament’s Rules of Procedure. Article 95 paragraph 1 states that the Parliament may decide if a majority of the total number of MPs is present at the session”, and in the same article, paragraph 2 states: “the Parliament decides by a majority vote of the MPs present, and by at least one-third of the total number of MPs, unless the Constitution provides for a special majority.

That is why it is up to the parliamentary majority to provide conditions for the normal functioning of the Parliament and wait for the opposition to fill in the number in order to reach the necessary 61 MPs to start the session.

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