Civil Concept for Operators of Motor Vehicles and the Person Subjected to the Objective Administrative Sanctions

Abstract

The operator’s identity has a key role in the field of civil objective liability and also in the field of no-fault responsibility for administrative offences. This is the focus point around which the strict civil liability rule of damages and the objective-based fine as an administrative sanction are organized. Examining the legislative measures, as well as the practice of courts and the
constitutional court, one comes to the same results: although both administrative and civil law spheres for the operator’s notion contain similar elements, the substantive “anchors” are missing which would create the real cross-compliance between the two notions. Despite that, one of the aims of this essay is to draw up the connection points deduced from the judicial practice. Its other goal is to examine the similarities and the differences between the two differing liability systems, discussing also compulsory insurance issues.