Is the provision of § 45, item 3 of the Law on amendment and supplement to the road traffic act, promulgated in the State Gazette, no. 64 of 2025, an unconstitutional one?
Keywords:
rule of law, citizens’ rights, road vehicle, roadworthiness test, fine, property sanction, unconstitutionality, Road Traffic ActAbstract
The provision of § 45, item 3 of the Law on Amendment and Supplement to the Road Traffic Act, promulgated in the State Gazette, No. 64 of 5.08.2025, introduces a ban on performing roadworthiness tests on road vehicles in the presence of outstanding fines or property sanctions. At the request of the Ombudsman of the Republic of Bulgaria, constitutional case No. 15/2025 was initiated to ascertain its unconstitutionality. This article presents arguments for the conclusion that the contested provision is contrary to the Constitution of the Republic of Bulgaria.