On Compliance of Section 7.1 (3) of the Road Traffic Law with the First, Second and Third Sentence of the Satversme of the Republic of Latvia
Adjudicated
Augstākā tiesa
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07.10.2021.
08.10.2021.
On Compliance of Section 7.1 (3) of the Road Traffic Law with the First, Second and Third Sentence of the Satversme of the Republic of Latvia
The Constitutional Court resolved:
1. To declare Section 7.1, Paragraph Three of the Road Traffic Law, insofar as it does not provide for individual assessment in cases where there is an objective necessity to relocate a road engineering structure or a technical means of traffic organisation, non-compliant with the first, second and third sentences of Article 105 of the Satversme of the Republic of Latvia.
2. In respect of the applicant in administrative case No. A420194117 and other persons who have initiated protection of their fundamental rights by means of general legal remedies, in cases where the conditions set out in Clause 1 of ruling part of this Judgement exist, to declare Section 7.1, Paragraph Three of the Road Traffic Law non-compliant with the first, second and third sentences of Article 105 of the Satversme and invalid from the moment of the infringement of the fundamental rights of those persons.
