Purpose of the request
установяване противоконституционност на чл. 189, ал. 13 от Закона за движение по пътищата
Resolution - 1
The sanction for an administrative breach constitutes dispensation of justice and given that fact, legal defense is existing as an option that no reasons whatever can rule out for the courts are the institutions that the Constitution vests with the power to dispense justice. The imposition of a fine as an administrative sanction for a breach of the traffic rules pertains to criminal doings. Therefore, the Constitution-enshrined right to legal defense as interpreted in the light of Art. 6, § 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms includes, inter alia, the entitlement to a hearing and that entitlement shall not be eliminated because of the small amount of the fine or because of the high degree of reliability of the equipment that is employed to video record the breach. The curtailment of fundamental rights where appropriate and for no other reason shall be barred as it infringes on the principle of the state committed to the rule of law and brings about a tip in the balance between the Executive and the Judiciary.