Utrata prawa jazdy w orzecznictwie ETPCZ
The loss of a driving licence in ECHR case-law

Summary/Abstract: The article addresses the concurrence of criminal (involving petty offenses) and administrative proceedings pending in connection with exceeding the speed limit in populated area by 50 km/h. The Ombudsman’s challenging of the current regulations prompted the author to analyze the regulations in view of ECHR case-law concerning the principle of ne bis in idem. The Court rules based on the application of the so-called Engel test, used in construing Article 4 of Protocol No. 7 to the (European) Convention for the Protection of Human Rights and Fundamental Freedoms. Said case-law invites multiple reservations, particularly regarding the assumption that administrative proceedings (as defined by national law) may constitute an extension of criminal proceedings if they coincide temporally and in terms of object.

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