Ombudsman requests constitutional review of rules limiting TVDE activity in the Autonomous Region of Madeira

The Ombudsman has submitted a request to the Constitutional Court for a declaration of unconstitutionality, with general binding force, of rules in force in the Autonomous Region of Madeira that limit the activity of individual passenger transport in uncharacterised vehicles, known by the acronym TVDE.

At present, TVDE activity in the Autonomous Region of Madeira is subject to a numerus clausus of forty endorsements or licences, with an additional absolute limit of three vehicles per operator.

In line with the recent case law of the Constitutional Court regarding a similar rule from the Legislative Assembly of the Autonomous Region of the Azores, the Ombudsman considers that the rules in question violate the Constitution by restricting the freedom of private initiative in a matter that falls outside the legislative competence of the Autonomous Region of Madeira.

To read the full request, click here [in Portuguese only].