Inspectors to be granted the right to enter apartments with a court order

Members of Parliament from the Albanian Forum, Nikola Camaj and Artan Čobi, have submitted to the Parliament a proposal to amend the Law on Inspection Supervision, which would, for the first time, grant inspectors the authority to carry out inspections in apartments and other private premises where there is suspicion of illegal activities, with a court order.

As stated in the proposal, the amendment relates to Article 14 of the current Law on Inspection Supervision, specifying that inspectors, in addition to their existing powers, may conduct inspections in residential and other premises, but exclusively on the basis of a court order and in accordance with the law governing misdemeanors, reports the CdM portal.

If adopted, the law would enter into force eight days after its publication in the Official Gazette.

- The constitutional basis for the adoption of this law is contained in Article 16 of the Constitution, which stipulates that the manner of exercising human rights and freedoms, as well as the competences and actions of state authorities, shall be regulated by law - the explanatory notes state.

They explained that the proposed amendment aligns the law with the draft amendments to the Law on Misdemeanors, which states that inspection authorities may request a court order to enter an apartment or other premises in order to conduct inspections without obstruction.

A special emphasis is placed on the fight against the grey economy and illegal work. The explanation notes that the Constitution guarantees the inviolability of the home and that no one may enter an apartment or other premises against the will of their holder without a court decision.

- This constitutional principle is often used in practice as an obstacle to inspection supervision, as inspectors currently have no ability to verify suspicions of illegal activities carried out in apartments, houses, garages, or auxiliary facilities - the explanation states.

The proposed amendments aim, with full respect for constitutional guarantees and judicial oversight, to enable more effective supervision of activities conducted entirely illegally.

This would, as stated, protect lawful business entities from unfair competition, prevent damage to state and local budgets, and contribute to the protection of human health, the environment, consumer rights, and other values of public interest.

The explanation also recalls that the Criminal Code previously defined unauthorized engagement in business activity as a criminal offense, for which only the state prosecutor could request a court search order.

With the announced amendments, by transferring such conduct into the sphere of misdemeanor liability and amending several laws, inspectors would be enabled to independently request, with a court decision, access to premises where there is reasonable suspicion of illegal business activities.

According to the proposers, the draft law also fits within Montenegro’s Reform Agenda for the period from 2024 to 2027, particularly in the segment related to improving the work of inspection services and reducing the informal economy.

In this context, strengthening the legislative framework and expanding inspectors’ powers are planned, including the right to enter residential premises where there is suspicion of unregistered activities.

The Ministry of Public Administration reminds that a public debate on the draft of this law was conducted, in accordance with regulations on the inclusion of non-governmental organizations and the interested public in the law-making process.