The Supreme Court of Kosovo has declared the conditioning of keeping the driver’s license illegal until completion of the vehicle’s prevention measure.

In its ruling, the Court has estimated that the temporary obtaining of the driver’s license from Kosovo Police and the safeguard clause of stopping driving the vehicle are two different legal institutions and should not be confused with their implementation.

According to the Supremee, the provisional possession of police patent driver cannot last more than eight days, in line with Article 244 of the Law on Road Traffic Rules.

This means that the document cannot be kept until the completion of the safeguard clause, which can last three, six, or twelve months, as such a practice is contrary to the law.

The Supreme Court has stressed that a underground act cannot expand the competencies prescribed by law, nor establish additional restrictions without legal grounds.

The ruling was made by the Supreme Court’s college under an administrative conflict, following the indictment of 28 plaintiffs against the Kosovo Ministry of Internal Affairs. The court has partially endorsed it as the basic requirement for the partial abolition of the normic sublaw.

Meanwhile, the Supreme Authority has refused the request to abolish paragraphs 1 and 2 of Article 17 of Administrative Guide.

According to the Court, these provisions have procedural and organisational character, since they define the police unit responsible for the patent-viser management and the obligation to issue a confirmation of its provisional takeover without oversteps legally defined authorisations.

Source Layer: Dukeagini