The Supreme Court of Kosovo has declared it illegal and abolished Article 17 of the Minister of Internal Affairs No. 05-2023 for Anti-Wrath Procedures, which stipulated that the driver’s license could be pulled out of the side only after the completion of the safeguard clause against driving.
According to a media report, it becomes known that the Supreme Court College in the judicial issue of the administrative conflict, ruling according to the indictment of 28 plaintiffs against the Kosovo Ministry of Interior Affairs has partially approved as the fundamental requirement for the partial abolition of the normous sublegal act.
The Supreme Court has estimated that the temporary purchase of the police license-competer and the safeguard clause of the vehicle’s ban are two different judicial institutions, which should not be confused with their implementation.
The announcement states that referring to Article 244 of Law No. 08/ L-186 for Road Traffic Rules, the Court has found that temporary police driver’s license maintenance cannot last more than eight days.
As a result, conditioning the withdrawal of the document with the completion of the safeguard clause, which can last three, six, or twelve months, is contrary to the law. According to the Supreme Court’s assessment, a sublegal act cannot expand the competencies prescribed by law, nor establish additional restrictions that have no legal basis, the announcement said.
Just as it becomes known in the hearing, the court has refused to impose the request for the abolition of paragraphs 1 and 2 of Article 17 of this Administrative Guide by assessing that these provisions have procedural and organisational characters, as they define the police unit responsible for the document management and the obligation to issue the bail for obtaining the temporary patent of the driver, without overstep the prescribed authorisations. /Telegraphy/