The Foundation for the Defence of Citizens against State Abuses (FACIAS) has won an important victory in its legal action against the Ministry of the Interior (MAI). The aim was to amend and clarify the procedures for registering, licensing and deregistering vehicles, and for issuing provisional or probationary driving licences - essential issues for the millions of citizens and companies who have to deal with these administrative procedures every year. Following the court cases, the MAI issued Decree No. 181/2024, published in the Official Gazette, which removes uncertainties and legal loopholes.
FACIAS filed a lawsuit in 2023, asking the Ministry of the Interior to draft implementing regulations for Ordinance No. 11/2023. This ordinance regulates the procedures for the registration, de-registration and authorisation of vehicles, but without clear rules, citizens and institutions faced uncertainty, administrative delays and a lack of predictability. FACIAS considers that the rules to be drawn up by the Ministry of the Interior for the application of Decree 11/2023 are essential to ensure the uniform and clear application of the procedures and to avoid situations in which citizens are blocked by uncertainties and legal loopholes.
By 23 October 2024, the Bucharest Court of Appeal asked the MAI to provide the administrative documents and the status of the steps taken to amend Regulation no.1501/2006, the law that previously regulated these procedures.
As a result of FACIAS' demarches, the Ministry of the Interior notified the court that Order No. 181/2024 had been issued and published in the Official Gazette, repealing the old order and introducing clear rules for all procedures relating to registering, licensing and deregistering vehicles and the issue of provisional or sample permits. The new rules streamline administrative processes, reduce bureaucracy and eliminate the risk of abuse by officials.
Through the project "Abuse in the shelter of crooked laws", FACIAS has identified several pieces of legislation in different areas where the implementing rules are completely lacking. In order to remedy these shortcomings and ensure the consistent application of the legislation, FACIAS has formulated a series of legal actions aimed at forcing the authorities to draft the necessary regulations to implement the existing laws.
FACIAS believes that the rules implementing the laws are essential, as their absence blocks the effective implementation of some regulations and creates confusion for both citizens and institutions. The absence of clear rules makes it difficult to enforce citizens' rights and obligations, which can lead to administrative delays, abuses and people's distrust of state institutions. FACIAS emphasises that it is the responsibility of public authorities to ensure a complete and functioning regulatory framework in the interest of citizens.