MPs are silent about the constitutionality of the abolition of contributions

The representatives of the parliamentary majority (URA, Democrats, SNP and DF) and the opposition DPS did not want to announce their position to "Vijesti" yesterday as to whether the abolition of contributions for compulsory health insurance, which is foreseen by the amendments to the law on compulsory social insurance, is a violation of the Constitution .

Former Member of Parliament and President of the Parliamentary Committee for Economy, Finance and Budget Aleksandar Damjanović the day before yesterday, he told "Vijesti" that the cancellation of health insurance contributions is contrary to Article 67, paragraph 1 of the Constitution, which defines that social insurance is mandatory. He proposed to change the contribution rate for health insurance to zero percent in the law, which would not violate the constitutional norm.

In the parliamentary procedure, there is a Bill on Amendments to the Law on Contributions for Mandatory Social Insurance, by which the Government plans to abolish contributions for health insurance as of January 1, 2022, as part of the new tax reform. It is one of the measures of the "Europe Now" project. The plan is for the state to take over the financing of these contributions, which were paid by employers and employees until now.

The Legislative Committee of the Parliament assessed that the Government's proposal was constitutional, while the Association of Lawyers called on the Constitutional Committee of the Parliament to carefully consider the Government's proposal, which, according to the opinion of the Association of Lawyers, "was proposed in a potential and very likely collision with the provisions of Article 67, Paragraph 1 of the Constitution". .

SDP said that they will not vote for the Government's proposal because they do not agree with the complete abolition of contributions.

"Our proposal was a significant reduction, but not the abolition of contributions due to the fiscal unsustainability of financing the health system. The dilemma surrounding the constitutionality of the law is just one more example in a series that the implementation of comprehensive reforms requires a broad and inclusive dialogue, and not that "reforms" are secret and that "7 to 15 people work on them" as the Prime Minister said. Zdravko Krivokapic", the SDP vice-president told "Vijesta". Bojan Zeković.

The Ministry of Finance and Social Welfare announced that the bill abolishing health insurance contributions is in accordance with the Constitution, as it foresees that the state will take over funding for health insurance, after health insurance contributions are abolished from January 1, 2022. .

"The proposed solution aims to reduce the tax burden on work for employers, in order to create adequate conditions for the growth of employees' wages, without abolishing the right to health care, which is clearly defined in the provisions of Article 69 paragraph 1 of the Constitution. The right to health care, according to the Constitution, is guaranteed to everyone and does not depend on whether a certain person pays contributions or not. It follows from the above that health care is guaranteed to everyone by the Constitution. Therefore, the state provides health care to everyone from the budget in the scope of the package prescribed by law. In the specific case, the amendments to the proposed legal solution, as well as the amendments to the Law on Compulsory Health Insurance, only change the source of funding, where the state takes over funding, while in no case is the right to health care abolished, but the beneficiaries will have the same scope of rights as until now", is the position of the Ministry of Finance.

The three former presidents of the Constitutional Court of Montenegro were not available for comment to "Vijesti" yesterday - Radoje Korac, Mladen Vukcevic i Milan Markovic.

"The change of regime and the new form of regulation of this area, in addition to its fiscal effects and consequences on the budget, also have significant implications for the proper application of the Constitution, so it should be thoroughly reviewed from this point of view as well. This is the primary competence of the Constitutional Committee of the Assembly at this moment and in the phase of the draft law," the Association of Lawyers said in a statement.

Marić: I don't see room for doubts about constitutionality

State Secretary of the Ministry of Justice Boris Marić told "Vijesta" that his opinion is that some norms should not be deemed unconstitutional a priori, although he understands the concerns.

"Changing the financing model in itself does not cancel the state's obligation to provide a right guaranteed by the Constitution. Namely, as far as I understand, the state will no longer exceed a certain obligation, but rather obligates itself additionally, so I see no room for doubts about the constitutionality"; Maric said.