Ombudsman requests review of rules in the legal regime governing access to and exercise of the profession of driving examiner and recognition of training bodies

The Ombudsman submitted a request to the Constitutional Court for a declaration of unconstitutionality, with general binding force, of rules contained in Law 45/2012, of 29 August, which approves the legal regime for access to and exercise of the profession of driving examiner and the recognition of training bodies.

The provisions in question are article 4(b) of the law, according to which driving examiners cannot be driving examiners if they have been convicted of a crime committed in the exercise of the profession of driving examiner by a final judgement, and the second part of article 21 of the same law, according to which driving examiners who have been convicted of a crime committed in the exercise of the profession of driving examiner by a final judgement will have their credentials cancelled.

It is understood that the rules violate the provisions of Article 30(4) of the Constitution of the Republic, according to which no penalty necessarily entails the loss of any civil, professional or political rights. Subsidiarily, it is also understood that the same rules establish restrictions on the exercise of the fundamental freedom to choose a profession (Article 47(1) of the Constitution) and the right to work, in its negative aspect (Article 58(1)), and do not comply with the proportionality requirement arising from Article 18 of the Constitution.

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