What chances are measures such as conditioning the refund of the tax payment permit to cross the CCR
The reform package of the local public administration, which will be ready by the end of July, also announces a measure by which those who have not paid their state debts to not be able to recover their driving license. Moreover, the Executive wants to introduce the measure of suspension of the car permit in case of non -payment of the fines.
The government is looking for measures to raise money to the Inquam / Octav Ganea photo budget
Among the new measures to be included in the package prepared until the end of July are the suspension of the driving license in case of non -non -payment of the fines within 90 days. The recovery of the driver card would depend on the payment of all debts.
“The return of the suspended driving license will take place on the condition of proving the payment of all the debts that the citizen has a car permit. If there is an unpaid flow, the permit is not returned ”announced the Minister of Development, Cseke Attila.
“Such a proposal has no way to pass the legality notice of the Ministry of Justice”, says lawyer Toni Neacșu. Moreover, the experts in constitutional law point out that the measure would have no chance of passing by the Constitutional Court. Explanation is simple, they say: the right to drive cannot be restricted for another reason compared to those provided in the legislation.
Radu Carp Law professor explains that it is “It is about two different issues, two different rights, which should not normally go into the collision, that is to depend on each other. Because the right to be allowed can only be suspended under the conditions that have been specified when issuing the permit. This is an additional condition that is added to an implicit contract between the state and the citizen, so, if it will not be seen,”.
In fact, according to him, such a measure would have a very small impact and would not have a chance to bring significant revenues to the state budget: “There are rarely people who have not paid their taxes and be drivers. I do not think it is a very extended category.”
The former constitutional judge Petre Lăzăroiu says that, normally, it should not have been introduced in the package: “You suspend a right, the right to lead, for a state that is of a completely different nature. The man did not pay his contributions, he did not pay I do not know what a fine, he did not pay I do not know what tax, which has another source, another origin and for that? You have legal possibilities to execute it for this. (…) There are procedures for recovering debts ”.
“First of all, what is suspended when you are committing a contravention to the traffic regime is not the driving license, that is only a piece of paper, but even the exercise of the right to drive on public roads. That in the common language we tell him to suspend the driving license, that the government has something else.
Secondly, precisely because what is suspended is not a piece of paper that is called a driving license but the exercise of the right to drive, at the expiration of the suspension period you have the legal right to drive whether you raise your permit or not from the police. With the permit you only make immediate proof that you can drive, but simple his presence or physical absence on you does not give you and he does not take the right to drive ”, emphasizes lawyer Toni Neacșu in a Facebook post.
