Milatović submits proposal to Parliament to amend the Constitution: Right to a non-working Sunday and public holidays

The President of Montenegro Jakov Milatović has submitted to Parliament a proposal to amend Article 64 of the Constitution of Montenegro in order to establish a general rule under which employees in Montenegro do not work on Sundays and on state and other public holidays prescribed by law, while at the same time providing for the possibility that exceptions to this general rule may be prescribed by law in those sectors where this is necessary to protect the public interest.

- Pursuant to Article 155, paragraph 1 of the Constitution of Montenegro, I am submitting a Proposal for a constitutional amendment by which I propose to supplement Article 64 of the Constitution so as to establish a general rule that employees in Montenegro do not work on Sundays and on state and other public holidays prescribed by law, with the possibility for exceptions to be provided by law in those activities where this is necessary in order to protect the public interest - Milatović said.

The reason for this initiative is the decision of the Constitutional Court of January 28, 2026, which repealed Article 35a of the Law on Internal Trade, finding that it violated the freedom of entrepreneurship and the principle of equality before the law.

- This has once again shown that the issue of a non-working Sunday cannot be resolved in a stable and long-term manner without a clear constitutional basis. In other words, any legislative amendment is doomed to fail in advance, because the Constitutional Court has already rendered a judgment on this issue - the President emphasized.

By amending the Constitution, he added, a clear and undisputed constitutional foundation for this right would be ensured, preventing future legal and social uncertainty.

- Dear citizens, such a solution is also grounded in the practice of certain EU countries, such as the Federal Republic of Germany, where Sundays and public holidays are constitutionally recognized as days of rest, with clearly defined exceptions in activities of public interest. This issue goes beyond day-to-day politics and represents a value-based choice for Montenegro - whether we want a state in which work, family, and dignity are constitutional categories. Bearing in mind the broad social significance of this issue, I expect the Parliament of Montenegro to support the amendment to the Constitution with regard to Article 64 and to once and for all put an end to this matter - President Milatović said in a statement.