Montenegro
On January 28, 2026, the Constitutional Court of Montenegro annulled Article 35a of the Internal Trade Act, which imposed a ban on retail operations on Sundays and public holidays. The Court found that the ban violated constitutional guarantees of freedom of entrepreneurship and equality before the law.
The Court emphasized that the Constitution explicitly guarantees freedom of entrepreneurship, allowing restrictions only under strictly defined conditions and for constitutionally legitimate purposes. It determined that the legislature did not provide an objective and reasonable justification for differentiating between retail businesses and other sectors permitted to operate on Sundays. This lack of justification led to a conclusion that the ban placed certain market participants in an unequal legal position, contrary to constitutional requirements.
While the annulment lifts the existing ban, the Court clarified that this decision does not preclude the legislature from regulating retail activity on Sundays and public holidays, provided that any new regulations comply with constitutional standards. In this context, an amendment to the Internal Trade Act was submitted to Parliament in November 2025, citing the protection of employee health as a justification for the ban. The proposed amendment is scheduled for deliberation in February 2026.
This ruling underscores the Constitutional Court's role in safeguarding constitutional rights and ensuring that legislative measures align with the principles of freedom and equality enshrined in Montenegro's Constitution.
