The draft regional regulatory decree that “establishes the legal regime for the individual and remunerated transport activity of passengers in unmarked vehicles through an electronic platform (TVDE)”, proposed by the Madeiran executive, was sent to the Representative of the Republic, Ireneu Cabral Barreto, on August 18.
The decree provides for the temporary suspension, until the end of the year, of issuing new licenses and registrations for operators and licenses for TVDE drivers in the autonomous region, but Ireneu Cabral Barreto returned it to the PSD/CDS-PP executive.
“The decision is based on the jurisprudence of the Constitutional Court (…), which determines that any limitations to the right to private economic initiative, as enshrined in article 61, no. 1, of the Constitution, are reserved to the Assembly of the Republic, thus norms from other legislative or regulatory bodies intending to establish such limitations are organically unconstitutional,” explains a statement.
The Representative of the Republic emphasizes that the decree was not signed “as it is afflicted with organic unconstitutionality.”
