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Estonian Traffic Act Challenged for Denying Vehicle Fee Refunds
Estonia's Chancellor of Justice, Ülle Madise, has petitioned the Supreme Court to invalidate sections of the nation's Traffic Act, arguing it unconstitutionally denies vehicle owners partial registration fee refunds for stolen or destroyed cars after parliament failed to align it with a related tax law amendment.
- —Chancellor of Justice Ülle Madise has asked the Supreme Court to declare parts of the Traffic Act unconstitutional because they do not allow for partial refunds of motor vehicle registration fees when a vehicle is stolen, destroyed, or otherwise unusable.
- —Madise previously proposed to the Riigikogu in February of the previous year that both the Motor Vehicle Tax Act and the Traffic Act be amended to align with the Constitution.
- —While the Motor Vehicle Tax Act was amended on November 12 to allow for partial refunds, the Riigikogu failed to make corresponding changes to the Traffic Act, leading to the current legal challenge.
- —The Chancellor argues that the current Traffic Act lacks sufficient grounds for refunds and a clear procedural framework for administering the registration fee, which violates constitutional principles of uniform taxation and fundamental rights.
Recap
A legislative oversight has triggered a constitutional challenge in Estonia, exposing a procedural flaw where a tax law was updated without its corresponding administrative act. The Chancellor of Justice's intervention forces the Supreme Court to address a parliamentary failure to harmonize laws, potentially setting a precedent for how fee structures must align with fundamental rights and fair taxation principles.