Čavalić: Complete legal anarchy has ensued in FBiH trade, I call on everyone to use the 'Neum joker'

(Patria) - Federal representative and economist Admir Čavalić commented on the criteria for exemptions from the Sunday work ban under the FBiH Internal Trade Law. He points out that complete legal anarchy has ensued in FBiH trade.

Within Article 18 of the FBiH Internal Trade Law, paragraphs (10) and (11) stipulate that city/municipal councils may request exemptions regarding the Sunday work ban by submitting a proposal to the FBiH Government.

"The FBiH Government responds by 'adopting a decision'. This is what happened in the case of Orašje, i.e., the FBiH Government adopted a Decision on December 19 exempting retail facilities in that town. All of this was in accordance with the law.

Now we move outside the legal framework into the domain of legal anarchy. On December 24, the FBiH Government adopts some kind of Regulation for the application of paragraphs (10) and (11). Although this article has nothing to do with by-laws (which is why there was no 6-month adjustment period), a regulation suddenly appeared listing criteria such as 'decline in turnover', 'impact on decline in number of employees', and 'seasonal character' (read: Neum). These criteria are not in the law, nor does the law provide any indication of criteria. Submit and wait for a decision - that is in accordance with the law - in the case of Orašje, but not for others.

When it comes to the criteria, it is absurd that the entire trade activity is monitored - thus also exemptions: gas stations, 24/7 drugstores, bakeries, florists, and even forgotten pharmacies fall under trade whose turnover and number of employees are tracked. Even more absurd is the criterion: 'c) justification for proposals of a seasonal character and the exemption period in the case of a request for seasonal exemption.' According to the application form, the ground is again being prepared for one municipality (just as paragraphs (10) and (11) were inserted into the law for Orašje). Namely, it states 'Specific circumstances justifying the need for an exemption.' This is supposed to enable Neum, which cannot prove a decline in turnover and employees, to use the joker and, again in accordance with the Regulation, all by the book, obtain an exemption... while the rest wait in line.

After this farce, I call on all municipalities and cities in FBiH to use the 'Neum joker' and invent some 'specific circumstances justifying the need for an exemption', and finally end this legal agony - from the Law to paragraphs, from paragraphs to a decision, after the decision to a Regulation, from the Regulation to forms, from forms to 'specific circumstances'," stated Čavalić.

He emphasized that all of this is expected when several large retail chains write laws, regulations instead of the ministry...

Complete legal anarchy in FBiH trade

Within Article 18 of the FBiH Internal Trade Law, paragraphs (10) and (11) stipulate that city/municipal councils may request exemptions regarding the Sunday work ban by submitting a proposal to the FBiH Government. The FBiH Government responds by 'adopting… pic.twitter.com/6oCuGTPOGO

— Admir Čavalić (@AdmirCavalic) December 26, 2024