UGP submits a proposal to the Constitutional Court for the assessment of the constitutionality of the Sunday work ban

The Association of Entrepreneurs’ Voice held a press conference on Friday regarding the submission of a Proposal for the assessment of the compliance of the Trade Act with the Constitution to the Constitutional Court, related to the provisions of the Act on Amendments to the Trade Act that came into force on July 1, 2023, which prohibits work on Sundays and holidays and limits the working hours of stores. The press conference took place near the Mirogoj arcades, in the vicinity of many flower shops, as the new amendment to the law that prohibits work on Sundays and holidays threatens the existence of their families as well as their employees. We believe that the newly imposed amendments to the Trade Act are discriminatory and represent a direct violation of the Constitution of the Republic of Croatia and a violation of fundamental entrepreneurial freedoms.

In cooperation with the law firms of Doroteja Jurčić and Mladen Dragičević, the Association of Entrepreneurs’ Voice organized and gathered its members whose businesses are affected by the amendments to the Trade Act and will today submit to the Constitutional Court a Proposal for the assessment of the compliance of the Act with the Constitution regarding the legal provisions of the amendments to the Trade Act concerning the prohibition of work on Sundays and holidays, as well as determining the maximum number of working hours for individual stores. The request also includes that until the final decision of the Supreme Court is made, the contested provisions of the Act on Amendments to the Trade Act be suspended from application.

-Stop the Government’s discriminatory and harmful decisions, the work ban is deeply unconstitutional and we believe it will fall in court, just like Minister Filipović from his chair – said UGP President Hrvoje Bujas.

The provisions of the Trade Act that came into force on July 1, 2023, lead to inequality among traders in the market because large retail chains will be able to organize themselves so that one of their multiple stores in a particular city or municipality, or even a city district, operates every Sunday, while small traders are not allowed to do so. By placing small traders in the same category as large retail chains, this law ignores the specific needs of small businesses such as flower shops, souvenir shops, bakeries, tobacco shops, small traders, and entrepreneurs in similar activities. For these entrepreneurs, working on Sundays and holidays constitutes a significant part of their annual income, averaging even a third. The Association of Entrepreneurs’ Voice seeks a balanced approach in legislation that will take into account the rights and interests of all relevant stakeholders.

–In representing the interests of our members, but also personally, I believe that the contested provisions of the Act on Amendments to the Trade Act are not constitutional. The contested provisions violate fundamental human rights and freedoms, including constitutional entrepreneurial freedoms and the right to the inviolability of property, which cannot be justified by the protection of another right, as the legislator wishes to impose. Finally, it should be noted that such amendments to the law prohibit work for owners of crafts or trading companies, who often work alone, without other employees, or employ members of their family, thereby directly infringing on the constitutional right to the inviolability of property, as well as the right to a dignified life from their work. Considering all the reasons presented, we are confident that the Constitutional Court will initiate proceedings for the assessment of the compliance of the Trade Act with the Constitution of the Republic of Croatia based on our Proposal and will make a decision to annul the disputed legal provisions. We believe that the Constitutional Court will recognize the danger of causing irreparable harm if the application of the same provisions is not suspended – said lawyer Doroteja Jurčić.

Due to the severe consequences brought by the new amendment to the law, entrepreneurs and craftsmen are determined to oppose it by submitting a Proposal to the Constitutional Court. It is emphasized that the Constitutional Court has already ruled on the constitutionality of the provisions of the Trade Act attempting to impose a Sunday work ban on two occasions, in 2004 and 2009, and in both cases annulled such provisions of the law because it considered that they put traders participating in the market in an unequal position.

The conclusions presented in the research by economist Vuk Vuković conducted in 2021 titled ‘What does the Sunday work ban bring’ are that the Sunday work ban in retail will lead to a decrease in the number of employees and will have a direct negative effect on GDP growth.