Liability of Public Authorities in Case of Road Events. Case Study Cover Image

Liability of Public Authorities in Case of Road Events. Case Study
Liability of Public Authorities in Case of Road Events. Case Study

Author(s): Alina-Raluca Cucu
Subject(s): Public Administration, Public Law, Transport / Logistics
Published by: SOCIETATEA ACADEMICA DE STIINTE ADMINISTRATIVE
Keywords: public administration; descentralization; delegation; public institution; public utility institution; public service; accountability; responsibility;

Summary/Abstract: Recently, several cases have been registered before the courts in Bucharest, for attracting accountability and payment of compensations, directed against some public entities, for car accidents. Starting from this reality, I intended following the study of a concrete case, to identify the causes for which the intervention of the courts was requested and where the public entities acted wrongly, so as to raise the issue of attracting their accountability. With this purpose in mind, the following research questions arise: which public entity has a public road under administration? What are the obligations of the public road administrator? What is the responsibility of a public entity? Under what conditions is a public entity accountable for?, questions that I will try to answer within the paper. In order to answer these questions, firstly I will analyse the relevant legislation and literature, and the presentation of the case study will focus on the manner in which several public entities decline their accountability and on highlighting the way in which they disregard the legislative provisions about their given powers under decentralization and administrative delegation and how these actions have led to the creation of situations such as the one described in the case study. In the end of the paper, I will emphasize the conclusions drawn from the actual study, with emphasis on the reported errors and also, I will try to sketch some proposals in order to improve the respective public service.

  • Issue Year: 2022
  • Issue No: 9.2
  • Page Range: 146-159
  • Page Count: 14
  • Language: English