The Supreme Court of Kosovo has declared it illegal and abolished Article 17 of the Ministry of Internal Affairs Administration (N. 05-2023 for Counterfeit Procedures, which conditioned the return of the driver’s license with the completion of the vehicle’s safety measure.
The decision was made following the indictment of 28 citizens against the Ministry of Internal Affairs and the Kosovo Police, with which the partial abolition of this underground act was required.
In its reasoning, the Supreme Court has estimated that the temporary obtaining of the police license partner and the safeguard clause of stopping the vehicle are two different legal institutions and should not be confused.
Referring to the Law on Road Traffic Rules, the Court has found that police can temporarily keep the driver’s license for no longer than eight days.
According to the Court, conditioning the return of the document until the completion of the safeguard clause, which could last three, six or twelve months, is contrary to the law.
The court has stressed that a sublegal act cannot expand the competencies prescribed by law, nor establish additional restrictions without legal grounds.
Meanwhile, the requirement for abolishing paragraphs 1 and 2 of the same article has been rejected as unfounded, as these provisions have been assessed as procedures and organisational.
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Source Layer: Signal