Distribution of responsibilities in the railway sector concerning the certification/authorisation and supervision of rolling stock

Professor Urs Kramer was asked to provide a legal opinion on whether a distribution of responsibilities concerning safety management of rolling stock had taken place among private-sector railway operators and the public railway authorities. As a second step, Professor Kramer was to show in detail how such a potential distribution of responsibilities could be designed.

To clarify the distribution of responsibilities, Professor Kramer interpreted the relevant statutory provisions using general criteria, i.e. the wording, the history of relevant norms, their classification within railway-specific and other laws and with regard to their meaning and intention (fundamental rights as negative rights for citizens; the state's duty to uphold and protect citizens' rights; liability for erroneous certifications and authorisations or insufficient supervision).