The Official Gazette today published on its website the decision of the Constitutional Court of Montenegro on the repeal of Article 35a, which referred to the non-working Sunday in the field of trade, with the date of the Official Gazette issue of February 10.
Decisions of the Constitutional Court enter into force on the day of publication in the Official Gazette, which means that the following Sunday, February 15, will be a working day.
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The Constitutional Court announced on Thursday, February 5, that it had submitted this decision to the Official Gazette.
On January 28, the Constitutional Court repealed Article 35a of the Internal Trade Act, i.e. Sunday off in shops, as unconstitutional.
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Deputy Prime Minister and Minister of Economic Development Nik Đeljošaj said on February 7, regarding the Constitutional Court's decision to repeal as unconstitutional Article 35a of the Law on Internal Trade, i.e. Sunday off in shops, that the Constitutional Court's decision is binding on everyone and cannot be subject to relativization or political interpretation.
Đeljošaj then stated in a statement 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 on February 7.
He also said that he respects the state and its institutions, and that the entire Government is working every day 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 that, alignment cannot be the basis for further legislative steps," Đeljošaj said on February 7.
He then 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," Đeljošaj pointed out on February 7.
On February 7, Montenegrin President Jakov Milatović also expressed concern over the fact that tens of thousands of workers, who have enjoyed the right to a non-working Sunday and non-working holidays for the past seven years, will be denied that right.
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