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Constitutional Court of the Republic of Bulgaria PHOTO: Archive
These provisions of the Road Traffic Law are not aimed at road safety, but rather facilitate the collection of fines, the judges point out.
According to them, this circumvented the legal order for the collection of accounts receivable.
The Constitutional Court annulled the seizure of the license and stopped the car for non-payment of fines.
The case was presented at the request of the Ombudsman Diana Kovacheva, who attacks a text of the Road Traffic Law.
“The Constitutional Court concludes that the real purpose of the provisions in dispute is not the one formally established in the Road Traffic Law: to guarantee traffic safety, but to facilitate the collection of receivables from fines. Thus read, the provisions in question acquire the character of a sanction for non-existent administrative infraction ”, state the reasons of the judges.
According to them, through the controversial provisions the legislator restricts the basic constitutional rights of citizens, which aims to force debtors to pay the fines imposed on them, without going through the legal order established for their collection.
Therefore, the suspension of the driver’s license and the suspension of the owner’s vehicle for non-payment of fines are contrary to the functions and objectives of the coercive administrative measures and in practice constitute a sanction for a non-existent administrative infraction and contrary to the state of right. say the judges.
They point out that with these measures “the legislator circumvents the law and the procedure provided for in it for the execution of public claims of fines, foreseeing a sanction, which in practice restricts the exercise of the right of citizens to move freely through the country.” , leave its borders and seriously affect the right to property “.
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