Whose negligence, though? "The system" isn't just the LZB equipment - the train dispatcher is just another cog inside the same system, and should be expected to occasionally fail just like every mechanical part.
This isn't a game of Hot Potato where the last person touching it goes to jail for gross negligence. You have to look at it through a Swiss Cheese model: every individual safety layer can and will have holes, but a disaster can only occur when all of those holes align.
Why did the LZB system fail? Why did the train dispatcher use the wrong backup procedure? Why did a backup procedure with zero safety checks even exist? Why did the train operator accept this backup procedure? Why did the train allow high-speed driving under those unsafe conditions?
It does indeed seem like the train dispatcher made a big mistake, but that was far from the only thing that went wrong, and it would be myopic to use him as the scapegoat for a far larger systemic issue.
Overriding safety systems is itself a safety capability. But this wasn't a failure of the safety systems. It wasn't even a failure of the train drivers who had been over using safety system overrides. It was a management failure for not noticing that over use of overrides.
why does the dispatcher even hold the right to override the automatic system by themselves? this should involve multiple people, at least a signoff by a superior.
Dispatcher, conductor at that time could not have know that dispatcher ordered manual bypass ignorig the rest of the guardrails of a traffic resume procedure
Indeed the system is all of it - all gear on another level of abstraction where it as a whole is just enabling processes, not the thing running it.
If you ignore a road sign and run someone over in your car today, nobody will make systemic excuses for you.
Someone was driving the train who couldn't estimate the stopping distance relative to speed.
If a car is stalled in the middle of the road, and you hit it, that's on you. 200% if a reflective warning triangle was up 100 meters back.
Sounds like you have internalized https://how.complexsystems.fail/ :-)