Behind the wheel: private power and cross-border motor third-party liability claims in Europe

The legal framework governing cross-border motor third-party liability (MTPL) claims in Europe is shaped by a combination of (EU) public regulation and private regulation in the form of private law agreements, resulting in a hybrid legal system. Within this system, private actors play a pivotal role in both the operation and the enforcement of the legal framework governing cross-border MTPL claims.
However, uncertainty persists regarding the relationship between private regulation and EU law, the jurisdiction of the Court of Justice, and the role of private actors in interpreting, operationalising, and
enforcing the legal framework. This uncertainty gives rise to accountability concerns, particularly as it becomes unclear which actor is responsible for which aspects of the functioning and enforcement of the legal framework governing cross-border MTPL claims.
To address these concerns, a clearer understanding is needed of how the framework functions and why it poses accountability issues. This paper therefore proceeds in two steps. First, it examines the functioning of the framework and the pivotal role of private actors in its operation and enforcement.
Second, it analyses the 2017 Dockevičius case before the Court of Justice, which illustrates how the hybrid nature of the legal framework generates accountability issues. Based on this analysis, the paper offers preliminary reflections on the broader implications of private enforcement for accountability within the legal framework governing cross-border MTPL claims.