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A five-member panel of the Supreme Administrative Court finally canceled the provision of Art.

73, para.

1 of the Regulations for the Implementation of the Law on Road Traffic, which stipulates 120 km/h as the maximum permitted speed for driving on a highway, the press center of VAS announced.

In April 2022, a three-member panel of the Supreme Administrative Court canceled the provision, as a contradiction was found between the text of the regulations and the provisions of the law, which is a normative act of a higher rank.

According to the Road Traffic Act, the maximum permitted speed of category "B" drivers on the highway is up to 140 km/h.

However, the Council of Ministers subsequently appealed the decision to a cassation panel.

The regulations for the implementation of the Road Traffic Act were adopted by Decree of the Council of Ministers No. 36 of 05.03.1996 and were promulgated in the "State Gazette", no.

25 of 22.03.1996. Pursuant to Art.

7, para.

1 of the Law on Normative Acts (LA), the rulebook is a normative act that is issued for the implementation of a law in its entirety, for the organization of state and local bodies or for the internal order of their activity.

But the same must correspond to the Constitution and other normative acts of a higher degree.

In this case, there is a contradiction between the contested provision of the Regulations and Art.

21, para.

1 of the Road Traffic Act. 

The Supreme Administrative Court canceled the ban on driving on highways up to 120 km/h

It should be explicitly noted that in the event of a conflict between two acts of different degrees, the one with a higher rank applies, i.e.

the law applies.

In this case, however, an explicit cancellation of the illegal text is necessary, so that there are no provisions in the legal peace that contradict the law and therefore violate the rights of citizens.

The Supreme Magistrates accept that the repeal will ensure clarity and transparency regarding the requirements for citizens, as well as regarding their rights and obligations in each specific case.

Only in this way will the principles of accessibility, publicity and transparency and predictability be respected.

The obligation of the judicial and administrative authorities to apply the higher-ranking act does not mean the tacit cancellation of the lower-ranking act, precisely because of the requirement for legal certainty, in order to make it clear whether the corresponding by-law has been canceled or not, insofar as addressees of the same is not only the judicial authorities, but in this case - all citizens in their capacity as PMS drivers or pedestrians.

The decision on administrative case No. 5856 of 2022 is final.

Supreme Administrative Court

highway

speed