The decision of the Constitutional Court is binding on everyone and cannot be subject to relativization or political interpretation, Deputy Prime Minister and Minister of Economic Development Nik Đeljošaj announced today.
Đeljošaj said this in response to the decision of the Constitutional Court of Montenegro to repeal as unconstitutional Article 35a of the Law on Internal Trade, i.e. Sunday non-working days in shops.
DON'T MISS IT
Đeljašaj said that "it is our responsibility, after that decision, to find a solution that will be fully in line with the Constitution."
He added that he cannot accept attempts to make the Constitutional Court's decision meaningless or to re-impose as a solution something that has already been declared unconstitutional.
"Such an approach is not responsible and directly undermines trust in institutions. I support only a solution that respects and implements the decision of the Constitutional Court through law, in accordance with its role as the guardian of constitutionality and citizens' rights," Đeljošaj said in a statement.
He also said that he respects the state and its institutions, and that the entire Government works daily to harmonize laws with the acquis communautaire of the European Union, while simultaneously preparing institutions to implement those laws in practice.
"I believe that our institutions have the capacity to protect all citizens' rights, as well as to ensure competitive and fair business in accordance with European regulations and values. At the same time, I believe that the recommendation of the Social Council, addressed to the ministry I lead, requires additional analysis and refinement in order to be fully aligned with the decision of the Constitutional Court. Without this, alignment cannot be the basis for further legislative steps," he said.
Đeljošaj called on retail chains and all entities in the field of trade not to begin implementing the working week until a final, constitutionally compliant solution is adopted.
"Any different action before the dialogue is completed would lead to legal uncertainty and additional problems in practice. I also call on the Parliament of Montenegro to wait with the decision and enable a solution that is constitutionally sustainable to be reached through dialogue between the economy, trade unions, the Government and the Parliament. The proposal that is currently in the procedure is essentially identical to solutions that have already been declared unconstitutional and as such cannot constitute a basis for a permanent legal regulation," he stressed.
Đeljošaj added that through the dialogue that has begun, he sees the solution as temporary, and that the final solution is a digital, centralized system of working time records, modeled after fiscalization.
"This protects workers' rights, reduces abuses and introduces a European standard of labor control, without burdening the economy. Only with a responsible approach and serious dialogue can we reach a solution that simultaneously protects workers' rights, legal certainty, state institutions and Montenegro's European path," concluded Đeljošaj.
Bonus video:
