The Constitutional Court of Montenegro has repealed Article 35a of the Law on Internal Trade, i.e. Sunday off in shops, as unconstitutional.
The Court assessed that the aforementioned provision violates the freedom of entrepreneurship guaranteed by the Constitution, as well as the constitutional principle of equality of all before the law, because one group of entrepreneurs/traders is allowed to carry out their activities on Sundays and on public and other holidays, while another group is prohibited from doing so, the Constitutional Court announced.
"The Constitution precisely prescribes the reasons for which freedom of entrepreneurship may be restricted (for the purpose of protecting human health, the environment, natural resources, cultural heritage or the security and defense of Montenegro) and the legislator cannot independently prescribe new restrictions outside of these constitutional grounds, nor without a clearly established legitimate goal in the public interest," it was announced.
By allowing one group of entrepreneurs (pharmacies, pastry shops, bakeries, newsstands, souvenir shops, florists, funeral equipment stores, plant protection stores, gas stations, markets, etc.) to operate and not another, the legislator has placed one group of entrepreneurs in an unequal position compared to another, it was explained.
"Such a ban has no objective and reasonable justification, from the aspect of the constitutional obligation of the state to ensure equal market position for all entrepreneurs. Additionally, the ban on working on Sundays and on public and other holidays for only certain traders has resulted in restrictions on human rights and freedoms and a violation of the constitutional principle of the consistency of legal regulations," the statement reads.
It is added that the limitation of human rights and freedoms must be within the limits of the Constitution and must serve a legitimate aim in the public interest, and that there must be a relationship of proportionality between the means used and the aim sought to be achieved.
"The Constitutional Court has determined in the constitutional court proceedings that the procedure for adopting the repealed provision did not state the purpose for its adoption, i.e. why it is considered necessary and justified to prohibit the operation of wholesale and retail trade on Sundays and on public and other holidays, as well as the exceptions to this prohibition. The Constitutional Court does not affect the right of the legislator to regulate the operation of wholesale and retail trade on Sundays in a different manner, but with due regard for the relevant basic constitutional values, i.e. protected constitutional goods, to which the Constitutional Court pointed out in this decision. The prohibition of operation of trade on Sundays and on public and other holidays remains in force until the publication of the decision of the Constitutional Court in the Official Gazette of Montenegro, of which the Court will inform the public in a timely manner," reads the statement published after the session of the Constitutional Court.
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