The regulatory framework governing Sunday trading in Montenegro is currently undergoing significant change and uncertainty.
On 28 January 2026, the Constitutional Court of Montenegro declared Article 35a of the Law on Internal Trade unconstitutional, thereby abolishing the long-standing prohibition on retail and wholesale trading on Sundays and public holidays.
However, shortly after the Court’s decision, the parliamentary majority announced plans to reintroduce the same restriction, raising questions about legal certainty and future regulation of Sunday work in the retail sector.
Why was the non-working Sunday rule abolished?
The Constitutional Court found that the prohibition violated the constitutional guarantee of freedom of entrepreneurship and the principle of equality before the law.
According to the Court, the Constitution allows restrictions on entrepreneurial freedom only in clearly defined circumstances (such as protection of public health, the environment, cultural heritage, or national security). The legislator failed to demonstrate a clear and legitimate public interest objective justifying the ban.
In addition, by allowing certain categories of traders (including pharmacies, bakeries, kiosks, petrol stations and markets) to operate on Sundays while prohibiting others, the law placed parts of the retail sector in an unequal and unjustified competitive position.
When does the ban formally cease to apply?
The existing ban on Sunday trading remains in force until the Constitutional Court’s decision is published in the Official Gazette of Montenegro. In practice, the time between adoption and publication may range from several days to several months.
Once published, Sunday trading will become legally permissible unless new legislation is adopted in the meantime.
Parliament’s response: possible reintroduction of the ban
Members of the parliamentary majority have submitted a request to convene an extraordinary parliamentary session on 16 February 2026, with the intention of re-adopting Article 35a.
The proposed amendment introduces a reference to the protection of employees’ health as its stated objective, while otherwise largely repeating the content of the provision already annulled by the Constitutional Court.
Legal commentators have warned that re-adopting a substantially identical provision could expose the new law to a renewed constitutional challenge and possible annulment under an expedited procedure.
Upcoming legal steps and business implications
Ongoing legislative developments may be relevant for businesses in the retail sector. In particular, attention is currently focused on the forthcoming publication of the Constitutional Court’s decision in the Official Gazette, as well as possible discussions in Parliament ahead of the session scheduled for 16 February. Depending on how these processes unfold, short-term operational implications may arise, including those related to Sunday trading.
In the meantime, the existing labour law framework, especially rules governing weekly rest, working time, and employee compensation, continues to apply.
Outlook
While the Constitutional Court’s decision has reopened Sunday trading in principle, the legislative response indicates that regulatory volatility is likely to continue. Any future restrictions on Sunday work will need to be carefully aligned with constitutional standards and applied equally across the market.
Businesses should therefore expect further developments and remain flexible in their operational planning.
The information in this document does not constitute legal advice on any particular matter and is provided for general informational purposes only.
