The Foundation For The Defense Of Citizens Against State Abuses (FACIAS) represents citizens in legal proceedings, seeking to uphold their right to an efficient administration. In a lawsuit against the Ministry of the Interior Affairs (MAI), FACIAS has demanded that the Ministry adhere to the rule of law.
In the context of the project "Abuse under the shelter of bad laws", FACIAS has identified a number of legislative gaps in various areas, where the implementing rules are absent or incomplete. In response, FACIAS has initiated a series of legal actions to compel the relevant authorities to draft and implement the necessary implementing rules for existing laws. Despite the legal framework establishing strict deadlines for the drafting and approval of implementing rules, these deadlines are frequently exceeded, and those responsible for this failure to act are rarely held to account.
One such example is Ordinance No. 11/2023, which, in order to be enforced, required the issuance of an order with a deadline of 2 June 2023. FACIAS emphasises that compliance with legal deadlines is essential not only to prevent bureaucratic bottlenecks affecting citizens, but also to avoid a climate of uncertainty that can pave the way for abuses and corruption.
The undue delay in publishing this order constitutes a flagrant violation of the law and undermines citizens' right to transparent and efficient administration. The consequences of these delays are being felt at the level of public services, where bureaucratic chaos is impeding essential activities such as vehicle registration. Furthermore, such delays can create opportunities for abuse of power and corruption, as citizens, frustrated by excessive red tape, may be tempted to seek an illegal alternative.
FACIAS initiated legal proceedings against MAI, requesting that the court mandate the institution's compliance with the relevant legislation. On 23 October 2024, the MAI informed the court that the order was in the decision-making transparency procedure, an essential step in the adoption process. However, this procedure had already ended in December 2023. Despite this, ten months later, the order had not been issued. Such an undue delay has the potential to undermine compliance with the law, as well as citizens' confidence in the ability to ensure or administer it properly and efficiently.
In light of the failure of the MAI to fulfil its legal obligations, the court has ordered the Ministry to provide an explanation for the delays and to demonstrate why the order has not yet been issued.
In court, FACIAS presented evidence demonstrating that the issuance of this order is not merely a bureaucratic formality, but rather a vital necessity for the proper regulation of traffic on public roads.