The Constitutional Court of Montenegro has struck down Article 35a of the Law on Domestic Trade, which banned Sunday trading, ruling it unconstitutional. The court found that the law violated the constitutional freedom of entrepreneurship and the principle of equality, as it allowed some businesses (e.g., pharmacies, bakeries, gas stations, flower shops) to operate on Sundays and public holidays while prohibiting others.
The court noted that any restriction on entrepreneurship must serve a legitimate public interest (such as health, safety, environment, or cultural protection) and be proportionate, which the law failed to demonstrate. The decision does not prevent the legislature from regulating Sunday trading in the future, but any new rules must respect constitutional principles.
The Sunday trading ban remains temporarily in effect until the court’s ruling is officially published.
