Resolution No. 1 of 28 February 2023 in constitutional case No. 19/2022
Referring entity and subject matter of the case
The case has been initiated upon request of the Ombudsman of the Republic of Bulgaria seeking constitutional review of the provision of Article 10, para 16 of the Roads Act according to which payment of due vignettes or tolls is a condition for regular periodic technical inspection of vehicles. Arguments alleging anti-constitutionality refer to the provision of Article 4, para 1 (rule of law state) and Article 35, para 1 (right to freedom of movement in the territory of the country) of the Constitution.
Summary of reasons
At the stage of reviewing the case on the merits, the 48th National Assembly adopted during a plenary session held on 1 February 2023 a Law Amending and Supplementing the Roads Act (LAS Roads Act), and by § 1, section 2 repealed Article 10, para 16 of the Roads Act which is the subject matter of the request for constitutional review. The Law Amending and Supplementing the Roads Act was promulgated in the State Gazette No. 14 of 10 February 2023, and § 1, section 2 LAS Roads Act entered into force on the day of the promulgation (argument as § 6 of the Final Provisions of LAS Roads Act). The Constitutional Court is of the opinion that repealing the challenged provision deprives the purpose of constitutional case and the legitimate interest in reviewing it on the merits.
Grounds for the ruling
Pursuant to Article 19 of the Constitutional Court Act (the Constitutional Court shall rule by a ruling in closed session on the admissibility of applications), Article 25, para 2 (the Court may rule on the admissibility of the application at any stage of the constitutional proceedings) and Article 26, para 1 of the Rules of Organisation of the Constitutional Court (an inadmissible application shall be rejected by a reasoned ruling and the constitutional proceedings shall be terminated), the Constitutional Court rejects the request seeking to establish anti-constitutionality of Article 10, para 16 of the Roads Act.
Председател: Павлина Панова