English - Convention on Biological Diversity

COUNTRY STUDY FOR BIODIVERSITY OF THE REPUBLIC OF MACEDONIA
6. EXISTING MEASURES AND PROGRAMMES FOR BIODIVERSITY
CONSERVATION
6.1. Legislation and policy for biodiversity use and conservation
6.1.1. Constitutional framework
The term biodiversity is not used in Macedonia’s highest legal framework – The
Constitution of the Republic of Macedonia. The key elements of the constitutional
method of protection can be recognised in most of its provisions, however. Thus, the
nomenclature of the fundamental values of the constitutional system of the Republic,
inter alia, includes environment and nature protection and promotion (Article 8,
Paragraph 1, Item 10). In addition, the Constitution guarantees the right of all citizens to
a healthy environment and the Republic provides appropriate conditions for exercising
this right. At the same time, protection of the environment and nature is regulated as a
constitutional obligation of all people (Article 43). Furthermore, the Constitution
provides for the possibility of legal limitations on the freedom of the market and
entrepreneurship (Article 55, Paragraph 3) on behalf of biological diversity. Finally, it
provides equal constitutional status for all natural properties and plant and animal life
as a whole (status of properties of common interest for the Republic). Such a status
implies special protection for each individual property of common interest, as well as
specific protection of the entity to which it belongs, as a group object of protection
(Article 56, Paragraph 1).
This constitutional framework provides a solid basis for establishing and developing
a coherent system of environmental protection and, within it, designing a clear model
for biodiversity conservation.
6.1.2. Environmental protection and regulation laws
Basic issues related to environmental protection are regulated under the 1996 Law on
the Conservation and Promotion of the Environment and Nature. The original text has
been modified and supplemented (Revision: 51/00; modification and supplementation:
96/00 and 45/02).
Officials are aware that the matter of nature conservation should be removed from
the law and regulated separately. In other words, a new law should be adopted which
address only environmental protection and promotion. In this regard, however, it should
be stressed that the issue of normative policy, indeed the entire normative conception of
environment protection, is still open.
6.1.3. Protected areas laws
Issues relating to protected areas are regulated by laws, regulations and decisions
adopted by the local government.
Laws pertaining to this consist of:
• Law on the Protection of Natural Rarities (41/73, with its modifications and
supplements, 42/76, 10/90 and 62/93);
• Law on the Protection of National Parks (33/80, with its modifications and
supplements, 10/90 and 62/93);
• Law on Declaring a Portion of the Forested Areas on Pelister Mountain as a
National Park (38/48, with its modification/supplement, 16/65);
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