In order to guarantee that the implementation of a driving disqualification is not contrary to the principle of proportionality, to fundamental rights or to exceptions provided for in the law of the Member State of issuance, it is appropriate to lay down certain grounds that exempt the Member State of issuance from the obligation to adopt measures. In respect of grounds for exemption that are not mandatory, Member States should be able to decide that such grounds are to be systematically assessed by the competent authority or are to be assessed only if there is a substantial reason to believe that such grounds apply. In all cases, the person subject to the driving disqualification should have the possibility to seek a legal remedy concerning the assessment and the application of the grounds for exemption by the Member State of issuance, in accordance with the law of that Member State.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
