The Ombudsperson, within the scope of exercising legal responsibilities and competencies entrusted, has published the   Ex officio Recommendation Report No.  05/L-132 on Vehicles

The Ombudsperson’s Report aims to explain in details Article 46, par. 1 of the Constitution of the Republic of Kosovo (“The right to property is guaranteed”) and the manner in which this provision should be applied in the legal system of the Republic of Kosovo, as well as to analyze, on the basis of this explanation, whether Article 43, par. 2 of the Law on Vehicles constitutes a violation of the right to property.

In the course of reviewing the case in question, the Ombudsperson has ascertained that Law no. 05 / L-132 on Vehicles, Article 43, par. 2, which stipulates that: ” The owner of the vehicle cannot do the registration or extension of the registration of motor vehicle, and change of the ownership, without paying off the fines for minor offences in the road traffic “, constitutes a violation of the right to property, guaranteed by Article 46, par. 1 of the Constitution of the Republic of Kosovo.

On the other hand the Ombudsperson has recommended that the Assembly, in cooperation with the Ministry of Infrastructure:

• To Amend the Law No. 05/L-132 on Vehicles, namely delete Article 43, paragraph 2, thereof;
• To Analyze whether Law No. 05/L-087 on Minor Offenses, Article 30, paragraph 4 (“If the perpetrator pays partially or does not pay the fine in entirety within the defined time period, against him/her shall be applied forced execution in accordance with the provisions of the Law on Enforcement Procedure. Minor offence order through which there is imposed the fine shall be deemed as an enforcement document in compliance with the provisions of the Law on Enforcement Procedure.”) is enforced in such a way as to ensure, at sufficient level, the payment of unpaid fines for road traffic offenses;
• If Article 30, paragraph 4, of the Law on Minor Offenses is not sufficient, consider whether there is another less severe measure than Article 43, paragraph 2, of the Law on Vehicles, by which the purpose of the payment of unpaid fines for road traffic offenses can be achieved.

This Report with recommendations has been delivered to the responsible authorities. The same has been disseminated to public and published on OI official web-page, at: