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DIVIDED OPINIONS ON CONS. COURT'S DECISION TO REVOKE CHANGES TO COMMERCE LAW

ZAGREB, April 28 (Hina) - The Croatian Caritas has expressed regret at Wednesday's decision of the Constitutional Court revoking amendments to the Law on Commerce of last October which banned the work of stores on Sundays.
ZAGREB, April 28 (Hina) - The Croatian Caritas has expressed regret at Wednesday's decision of the Constitutional Court revoking amendments to the Law on Commerce of last October which banned the work of stores on Sundays.#L# "After the adoption of this decision, we believe that the government and the parliament will show consistence and European orientation by adjusting the said law to the Constitution and legislation of other countries which specifically protect Sunday, except in extraordinary circumstances, as a day of rest and an occasion for family gatherings," the director of this humanitarian organisation, Mario Bebic, said today. Zagreb Archbishop Ivan Prendja, who is the president of the Caritas, said that the decision was surprising and that he was sad to see that the Constitutional Court had failed to identify the violation of human rights of thousands and thousands citizens of this state. The leader of the Croatian trade union of workers in the commercial sector, Ana Knezevic, has said that the decision of the Constitutional Court is surprising and added that the union will not abandon its campaign to provide workers with more rights and free Sundays. "Let's reduce this issue to the economic aspect alone - those who can adequately pay workers working on Sundays and give them a day of rest per week should be allowed to work on Sundays," Knezevic said adding that in May it would be ten years of the union struggle for the restriction of work on Sundays. This trade union and similar trade unions from six European countries -- Slovenia, Hungary, the Czech Republic, Slovakia, Austria and Germany -- will together put up banners with the message "Let's Restrict Work On Sundays" on May 1 (European Labour Day). These trade unions have formulated an appeal against work on Sundays which has been sent to the European Union, with the request to define Sunday as the day of rest and allow work on Sundays only for vital services. On the other hand, the leader of the newly-established Confederacy of Croatian Industry and Commerce, Ivan Paradzik, believes that the Court's decision is positive for the national economy. The chairman of the commerce sector within the Croatian Employers' Association (HUP), Stipan Bilic, also welcomed the decision. The decision of the Constitutional Court is expected because of illogical consequences of the amended law, Bilic said. Bilic particularly slammed the amendments under which only stores on an area of less than 200 square metres selling food products and those with adequate permits were allowed to be open on Sundays. He said this provision unequally treated shop owners. Two chains of shops - Getro and Billa -- welcomed the Court's decision. Representatives of Hipermarket Coop, another chain of shops, declined to comment on the move. Managers of the Konzum chain of shops said that they would abide by the changes to the law. Eight Constitutional Court judges voted for the abolishment of the amendments while five were against. The decision will go into effect on the day of announcement in the Official Gazette. According to the Constitutional Court, regulations which limit the work of stores on Sundays are unconstitutional because they infringe on market equality, which is guaranteed by the Constitution, equality before the law and the rule of law. The Constitutional Court did not contest the right of the employers to regulate business hours. However, it believes that numerous exceptions in the amendments to the Law on Commerce are not in accordance with constitutional and legal standards. A request for the assessment of the constitutionality of the amendments was submitted by Stupnik municipality, seven department store chains and two Osijek residents. (Hina) ms

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