The Supreme Court of Kosovo has declared unlawful and annulled Paragraph 3 of Article 17 of Administrative Instruction No. 05/2023, issued by the Ministry of Internal Affairs, which regulates minor-offence procedures. The provision stipulated that a driving licence could only be returned to its holder after the completion of a protective measure prohibiting them from driving.
The Supreme Court panel, ruling in an administrative dispute brought by 28 plaintiffs against the Ministry of Internal Affairs and the Kosovo Police, partially upheld the claim seeking the partial annulment of the normative sub-legal act.
The Supreme Court found that the temporary confiscation of a driving licence by the police and the protective measure prohibiting a person from driving are two distinct legal institutions and must not be confused in their implementation.
Referring to Article 244 of Law No. 08/L-186 on Road Traffic Rules, the Court concluded that the temporary retention of a driving licence by the police cannot exceed eight days. Consequently, making the return of the document conditional on the completion of a protective measure—which may last three, six or twelve months—is contrary to the law.
According to the Supreme Court, a sub-legal act cannot expand powers established by law or impose additional restrictions without a legal basis.
The Court rejected as unfounded the request to annul Paragraphs 1 and 2 of Article 17 of the administrative instruction, finding that these provisions are procedural and organisational in nature. They determine which police unit is responsible for administering the document and establish the obligation to issue confirmation of the temporary confiscation of a driving licence, without exceeding the powers provided by law.
