Constitutional Court Overturns Ban on Technical Inspections for Unpaid Fines
On February 19, 2026, the Constitutional Court of the Republic of Bulgaria issued Decision No. 3 in Constitutional Case No. 15/2025, declaring unconstitutional § 45, item 3 of the Amendment and Supplement Act to the Road Traffic Act, published in the State Gazette, issue 64 from 2025. This provision prohibited conducting technical inspections of motor vehicles if the owner, user, or person presenting the vehicle for inspection had unpaid fines.
The Constitutional Court's decision emphasises that such a measure violates the principles of the rule of law and proportionality, as it restricts citizens' rights without sufficient justification. The court believes that linking technical inspections with fine payments creates unjustified difficulties for citizens and may lead to abuse.
According to the Constitutional Court, the state's failure to enforce the collection of imposed fines cannot be a basis for de facto sanctioning citizens. The specific case does not provide grounds for deviating from this practice. Improving the collection of public receivables through the execution of sanctions imposed by enforceable acts is a legitimate goal. However, § 45, item 3 of the Amendment and Supplement Act to the Road Traffic Act gives priority to the enforcement of administrative penalties imposed under the Road Traffic Act, without improving the rules for collecting public receivables, but rather by restricting property rights.
This decision has significant implications for the application of the law and will require a review of the relevant provisions. Vehicle owners will no longer be required to pay their fines before being able to undergo a technical inspection, which simplifies the process and ensures compliance with citizens' constitutional rights.