The representative of the Republic for the Autonomous Region of Madeira, Ireneu Barreto, returned to the Regional Government the draft regulatory decree aiming to establish the legal regime for the activity of individual and remunerated transport of passengers in uncharacterised vehicles from an electronic platform (TVDE).
The diploma, received at the São Lourenço Palace on the 18th of August, provided for the temporary suspension of new licences and endorsements of operators, as well as licences of TVDE drivers.
It should be recalled that the decision approved by the Council of Government, which made regional headlines on the 17th of August, provided for the suspension of licences for TVDE until January. Regional Secretary Pedro Rodrigues revealed, in this context, that a technical study will be carried out to ensure the balance between ride-hailing, taxis, and buses.
This Wednesday, in an informative note, the Office of the Representative of the Republic clarified that the decision to stop this decree is based on the jurisprudence of the Constitutional Court, namely in Rulings No. 180/2022, of April 12, and No. 68/2024, of February 23. These determine that any limitations on the right of private economic initiative, enshrined in Article 61 of the Constitution, are the exclusive competence of the Assembly of the Republic.
In this way, the diploma was considered organically unconstitutional, and therefore, the Representative of the Republic refused to endorse the new decree.
Samantha Gannon
info at madeira-weekly.com
