The court of first instance in Skopje which have the competence to register the political party's after the decision to analyse the case on behalf of judge Vesna Mitkova in the spirit of law of Republic of Macedonia regarding the law for registration of political Party's (official paper of R.M. 41/94) regarding the demand to register the political party "Democratic Party of Albanians" or DPA, headquarter in Tetova, in the spirit of law, the session of the judge on 12.03.1998 have decided the follow decision

D E C I S I ON

The appeal is refused because of no legal basis

THE DECISION OF THE COURT OF THE FIRST INSTANCE IN SKOPJE P.P. number 3/97

from 12.03.1998, is CONFIRMED

J U S T I F I C A T I O N

With the decision of this court P.P. number.3/97 from 03.11.1997, was stooped the registration in the court of political party's or DPA, till the decision of the constitutional court of R. M.

This decision is due that this court is of the opinion that its not in his authority to analyse the program and the statue of the DPA and if they are, or not in the spirit of the constitution of the R.M.

The Constitutional Court of R. M. is authorised to analyse the statue and the program of political party's in R. M.

After the appeal against this decision from the DPA, the Court of Appeal in Skopje has taken the decision P.P. number 1/97 from 28.11.1997 in which the appeal is taken in consideration, and the decision of this court P.P. 3/97 from O3.11.97 is stopped and the case is going back in the first instance for the following decision.

Following the instructions of the Court of appeal in Skopje, this court is in the opinion after the detailed analyses about the Program and the statue on this case. In this spirit the court has taken the second decision P.P. nb.3/97 from 16.01.1998 after that DPA tabled the complete justification. In this way the court is on the opinion and taken into the account that some of pieces of the statute of DPA are not in the spirit of the law for political party's and the constitution of R.M.

Regarding the fact that the court of the first instance in Skopje, Skopje 1, like all ordinary courts it is not his power to take the decisions about the constitutional behaviour of the programs of the political party's, but in the justifications of this court the court is in the opinion that some of the pieces of the statue of are in the contrary of the law for political party's.

The court is in the opinion that the paragraph number 6 of the statue of DPA in which is written that " The texts and the seals and the facsimiles are written in Macedonian and Albanian language " in fact have to be written only in Macedonian language in the spirit of the point 7 decision 1 of the constitutional Court of R.M.

Point 3 decision 7 from Constitution of R.M. is written that in which case among the Macedonian language and the Cyrillic letters can be used the language of minorities. Political party's are the group of the citizens which are taking place in the political life of macedonia and which respect the law on the all R.M. and the use of language of minorities, letters, are in the constitution written above.

About the point 7 of the statute of DPA from the beginning, the court is in the opinion that the logo and other symbols of DPA in most of the case is the same like Republic of Albania. Because they are state logos of republic of Albania are in the contrary with the law of political party's point 9 decision 3. The golden logo with the red characteristics are not enough to be different from logo of DPA and the Republic of Albania. After all, above the logo the name of the party is written in Albanian language in Latin letters which are in the contrary of point 7 decision 1 of constitution of Macedonia.

After that ,that point 6 and 7 of the statue of DPA is in the contrary of point 7 decision 1 of constitution of R.M. and point 9 decision 3 of the law of political party's.

The Evidence: Letters from DPA from 30.09.1997 and from 17.02.1998

The decision is taken in the respect of point 13 decision 3, the law on political party's and the court have take the decision like above.

The court of the first instance

In Skopje

P.P. number 3/97-II

from 12.03 1998

Judge: Vesna Mitkova

Note: Against this decision is allowed to answer in the period of 8 days to the Court of Appeal in Skopje