A group of DPS MPs submitted to the Assembly a Draft Law on the Chamber of Commerce, which partly defines more precisely the issue of the collection of membership fees and its public powers.
The Citizens' Movement URA, which submitted an initiative to the Constitutional Court in May for the review of the constitutionality of the part of the existing law related to the collection of membership fees, announced yesterday that by submitting a new law on the Chamber of Commerce, in which the main change is the legal definition of the payment of membership fees, only confirmed that they were right when they claimed that the collection of membership fees by PKCG was unconstitutional.
"The current law on the Chamber of Commerce does not define the payment of the membership fee, but it is prescribed by the Statute as an internal act. Our initiative for the evaluation of constitutionality rests on the principle that according to the Constitution this type of tax payment, i.e. membership contribution must be prescribed by law, not by the Statute as an internal act of the PKCG", said the Vice President of GRP URA Miloš Konatar.
He said that it is strange that the Constitutional Court, even after half a year, still has not made a statement on the initiative signed by a group of opposition MPs.
"And while they do not respond to the initiative, in the meantime, a proposal from the DPS appears to change the contested provision. And now the question remains whether there is some kind of collusion between the DPS and the Constitutional Court itself, which would not be the first time, because the new draft law fundamentally corrects an unconstitutional provision from the old law, on which the Constitutional Court still has not expressed itself, and clearly is that it should have been", Konatar said.
He stated that even in the new draft law there remains a controversial provision according to which all companies are members of the PKCG on the day of registration in the central register of economic entities without the right to choose whether they want to be, which, he believes, is also against the Constitution, which stipulates that no one he cannot be forced to be a member of an association against his will.
"If the law in this form is adopted in the Parliament, we will certainly submit a new initiative for the evaluation of constitutionality to the Constitutional Court," announced Konatar.
When GP URA submitted an initiative in May, the Chamber of Commerce claimed that they collect membership fees from all registered companies in accordance with the law and that there is nothing unconstitutional about it.
"Vijesti" requested a comment from PKCG on the bill submitted by DPS, but they did not receive it yesterday.
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