New road safety laws unconstitutional say opponents
In August this year the Infrastructure Minister drafted an ordinance
including a list of road offenses and their subsequent financial fines on
the basis of a regulation that is incompatible with the constitution. The
ordinance was formulated on the basis of article 92 of the Road Transport
Act. However, lawyers claim that it is in contravention of the constitution
as the minister has been given the right to exercise his own judgement in
the field of offenses and punishment in road transport. An expert on
constitutional law, Professor Piotr Winczorek said,"This regulation is an
evident error of the legislator. It contradicts the constitution, article 42
of which states that only an Act of Parliament can formulate prohibited
actions that are punishable. This can not be regulated by the minister's
ordinance, as it transgresses the sphere of civic rights and liberties".
(Puls Biznesu, p. 13) A.C.