The Supreme Administrative Court (SAC) repealed as illegal texts of an ordinance regulating the construction of bumps on the roadway to limit the speed of traffic, effectively prohibiting the placement of “recumbent policemen”. This is clear from official announcement to the court.
The Supreme Court annuls the attacked texts because the principles of legality, equality and accessibility, publicity and transparency, of justification, stability, openness and coherence have been violated by the administrative body. Thus, “lying down policemen”, any other cross road markings and means of reducing the speed will be possible only after the adoption of rules in a correct and legal order.
With the normative act in question, already in 2012, the Ministry of the Interior and the Ministry of Interior created the rules for the construction or installation of artificial bumps and other means of limiting the speed of traffic on the roadway. However, the main points in it are contested before YOU by an individual.
And now, the five-member panel of the Supreme Court of Appeal annuls the main texts of the regulation. The reason is that before the submission of a draft of a normative act, it must be published on the website of the relevant institution together with the reasons, and the interested parties must be given at least 14 days for proposals and opinions on the draft.
The supreme judges accept that in this case it is not enough that in a letter from 2012 the deputy the Minister of Regional Development and Public Works has notified the Minister of Transport, the Executive Director of the National Association of Municipalities and Regional Governors in the country that the draft of the regulation has been published on the website of the MRRD. According to the Chief Magistrates, it cannot be ascertained from this statement from which to which date the draft was published and whether the report and reasons were actually published as required by law.
The Supreme Court claims that the opinions of the Ministry of Internal Affairs and Communications, that due to a technical impossibility related to the archiving of data from the servers that supported the ministries’ websites in 2012, are not sufficient at all, they cannot present evidence for the publication of the draft regulation on the website. The term of preservation of the documents reflecting the main activities in the state and municipal institutions is 20 years, the judges remind. In view of this provision, the sample from the website of the Ministry of Internal Affairs and Communications should have been part of the administrative file upon the adoption of the ordinance, even more so in view of the indefiniteness of the contestation of the by-laws.
YOUR decision is final.
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2024-03-01 23:34:24
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