Constitutional Court questions law limiting firefighter recruitment to applicants under 25

The Constitutional Court of Montenegro has initiated proceedings to review the constitutionality of a provision of the Law on Protection and Rescue which stipulates that only individuals who are no older than 25 years of age at the time of their first employment with the protection and rescue service may be hired as firefighter-rescuers.

The Court found that there are reasonable grounds to question whether this legal provision unlawfully restricts the right of individuals over the age of 25, who are seeking employment in the protection and rescue service for the first time, to freely choose their occupation and employment, and whether it places them at a disadvantage compared with younger candidates solely on the basis of age.

- In the course of the proceedings, the Constitutional Court will examine whether the contested restriction satisfies the constitutional test of proportionality, that is - whether it pursues a legitimate aim and whether it is necessary and proportionate to the objective it seeks to achieve, in accordance with the Constitution of Montenegro, the European Convention on Human Rights, the Charter of Fundamental Rights of the European Union, the case law of the European Court of Human Rights, and the Court of Justice of the European Union - the Court said in a statement.

The Court noted that there are no constitutional obstacles preventing the legislature from prescribing certain conditions for admission to the service in order to protect the public interest and in light of the nature of firefighters' duties, which require a high level of physical and psychological fitness.

However, it stressed that the key issue is whether setting the age limit specifically at 25 years is both necessary and proportionate to achieving that objective.

- The Court particularly took into account that the Law already requires candidates to undergo mandatory physical and psychological fitness assessments before being employed, as well as regular medical and psychophysical evaluations throughout their service. In this context, the Constitutional Court considers it reasonable to question whether the legitimate objective could be achieved through less restrictive measures, namely by conducting individual assessments of each candidate's physical and psychological fitness, rather than automatically excluding all applicants over the age of 25 - the statement reads.

The Court also noted that it had considered the opinion submitted by the Government of Montenegro, which argued that the age restriction is justified by the need to preserve the physical and psychological readiness of firefighter-rescuers and to protect the public interest.

- However, according to the Constitutional Court's preliminary assessment, the reasons presented are not sufficiently substantiated to demonstrate why the specific age limit of 25 is necessary, or why the same objective could not be achieved through individual fitness assessments, which are already required under the Law - the statement said.

The Constitutional Court further pointed out that the age restriction applies only to individuals entering the protection and rescue service for the first time, while it does not apply to those who have previously been employed in the service, which also raises questions regarding equal treatment of candidates.

- Based on the foregoing, the Constitutional Court considers there to be reasonable grounds to question whether the contested legal provision is compatible with the constitutional guarantees prohibiting discrimination and protecting the freedom to choose one's occupation and employment, as well as with the relevant international human rights standards - the statement added.

The Constitutional Court concluded that its decision to initiate the proceedings will be forwarded to the Parliament and the Government of Montenegro, and that the public will be informed in due course of any further developments in the case.