Relation between green card system and European motor insurance law acts


Motor third party liability insurance represents the most appropriate mean of protection of the victims in both domestic and international traffic accidents. The Green Card System, consisted of national green card bureaux of all European countries and some of Asian and African countries as well, has been established upon introducing of this kind of insurance as mandatory, with the main intention of equal treatment of the victims. Parallel to the Green Card System, the protective mechanisms contained in European Motor Insurance Directives have been developed. From analysis of the historical background as well as contemporary courses in this field, one can notice the constant mutual pervasion and influence of these two sets of rules to each other. Protection of victims introduced by Green Card System rules is additionaly strenghtened by the protective instruments prescribed by Motor Insurance Directives. The CJEU interpreted this relation in several decisions on the way that the Internal Regulations (Crete Agreement) is a civil law agreement between national bureaux and is not an act enacted by the institutions of European Union. Inspite of this attitude of the greatest court instance of EU, from the very beginning of harmonisation of motor vehicle insurance within EU, the provisions contained in the Green Card System acts actually can find their place in the acquis communitaire. The Green Card System do not only adapt to the provisions contained in EU Directives, but it also take the active role in process of making of these provisions.