The Ministry of Public Administration (MJU) has put forward for public discussion a proposal to amend the Law on Inspection Supervision, which would allow inspectors to enter private residences if there is suspicion that illegal business activities are being conducted within them.
The report on the conducted impact assessment states that these changes are intended to align with amendments to the Law on Misdemeanors.
The proposed law would give inspection authorities the ability to request a court order to enter private residences and other premises to carry out their duties and ensure effective inspection supervision.
The report notes that this would grant inspectors existing powers to enter private residences for oversight, in accordance with the Law on Misdemeanors.
The Constitution of Montenegro guarantees the inviolability of the home, stating that no one can enter a residence or other premises without a court decision and against the will of the owner. This constitutional principle significantly reduces the efficiency of detecting illegal work, as inspectors are often unable to conduct inspections in residences and other premises because owners refuse to open their doors, citing constitutional rights.
The MJU argues that the change would protect legitimate businesses from unfair competition and prevent damage to both national and local budgets. It would also protect public health, the environment, consumer rights, and other public interests.
To address the role of inspections in combating the informal economy, the MJU emphasizes the need for unobstructed supervision in private spaces where illegal activities are conducted—such as homes, garages, auxiliary buildings, and other private properties. These properties, while constitutionally protected, should be subject to oversight when they involve actions that constitute misdemeanors.
The Ministry concludes that this proposal will not have negative effects and will support the creation of new businesses and market competition. It will also generate additional revenue for the national budget through increased fines.
The public discussion will be open until March 25, and the Ministry plans to organize a roundtable, details of which will be shared with the public in due course.
