Uprawnienie starosty do wydania decyzji administracyjnej o zatrzymaniu prawa jazdy lub pozwolenia na kierowanie tramwajem w określonych przypadkach
The power of the starost to issue an administrative decision to withhold a driving licence or a permit to drive a tram in specific cases

Summary/Abstract: The position of the Sejm regarding the motion of the First President of the Supreme Court stresses that the provisions of the Act on Vehicle Drivers and the Penal Code which are referred to the Constitutional Tribunal’s review are inconsistent with provisions of the Constitution. The challenged provisions concern the powers of the poviat (district) starost to issue an administrative decision to withhold a driving licence or a permit to drive a tram in specific cases. In its position, the Sejm shared the opinion of the proponent that the assessed norms deprive vehicle drivers accused of violating traffic regulations of the possibility to challenge the correctness of the actions of the control body. Such legal conditions violate the principle of loyalty of the state towards an individual, who, in such a case, is in practice dependent on the arbitrary judgement of the controlling body.

• Details
• Contents