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SEMINAR„PRAVNE TEKOVINE EU U OBLASTI ZAŠTITE POTROŠAČA “. Beograd , 2 4. januar 2013 . godine. SEMINAR ON EU CONSUMER ACQUIS Belgrade, 24 th January 2013. Provisions having general application and their impact on consumer policy-making. The principle of integration

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seminar pravne tekovine eu u oblasti za tite potro a a

SEMINAR„PRAVNE TEKOVINE EU U OBLASTI ZAŠTITE POTROŠAČA“

Beograd, 24. januar 2013. godine

seminar on eu consumer acquis belgrade 24 th january 2013
SEMINAR ON EU CONSUMER ACQUISBelgrade, 24th January 2013
  • Provisions having general application and their impact on consumer policy-making.
    • The principle of integration
    • The complementarity rule
    • The principle of subsidiarity
seminar on eu consumer acquis belgrade 24 th january 2013 the integration principle
SEMINAR ON EU CONSUMER ACQUISBelgrade, 24th January 2013The integration principle

(LCP, Art.2)

  • Consumer education
  • Consumer information and advice
  • Protection of consumers’ economic interests
  • Consumer safety
  • Consumer redress
  • Consumer representation
  • Access to basic goods/services

Core issues of consumer protection policy

seminar on eu consumer acquis belgrade 24 th january 2013 the integration principle1
SEMINAR ON EU CONSUMER ACQUISBelgrade, 24th January 2013The integration principle
  • Charter of Fundamental rights of the EU, Article 38

Union policies shall ensure a high level of consumer protection.

  • Treaty on the functioning of the EU, Art. 12.

Consumer protection requirements shall be taken into account in defining and implementing other Union policies and activities

seminar on eu consumer acquis belgrade 24 th january 2013 the integration principle2
SEMINAR ON EU CONSUMER ACQUISBelgrade, 24th January 2013The integration principle
  • LCP, Art.4B, as proposed by IPA Project:

Consumer protection requirements shall be taken into account in defining and implementing other State policies and activities.

seminar on eu consumer acquis belgrade 24 th january 2013 the integration principle3
SEMINAR ON EU CONSUMER ACQUISBelgrade, 24th January 2013The integration principle

Impact:

  • Making other policy-makers aware of the consumer dimension of their policies
  • Need for inter-institutional coordination tools
  • DCP status strengthened and resources increased to make overall supervision effective
seminar on eu consumer acquis belgrade 24 th january 2013 the integration principle4
SEMINAR ON EU CONSUMER ACQUISBelgrade, 24th January 2013The integration principle
  • Competition
  • Internal and foreign trade
  • Product/service quality infrastructure
  • Agriculture, Food safety
  • Financial services
  • Public health

Main related policy areas (1):

seminar on eu consumer acquis belgrade 24 th january 2013 the integration principle5
SEMINAR ON EU CONSUMER ACQUISBelgrade, 24th January 2013The integration principle
  • Services of general economic interest
  • Social affairs
  • Tourism
  • Sustainable development, Environment protection
  • Culture

Main related policy areas (2):

seminar on eu consumer acquis belgrade 24 th january 2013 the integration principle6
SEMINAR ON EU CONSUMER ACQUISBelgrade, 24th January 2013The integration principle

= Strategy + Consumer Action Plans

  • Studies
  • Contact points/persons
  • Consumer Impact Assessment Sheet
  • NCCP composition and prior consultation
  • Capacity-building/Training

Institutional and operational arrangements:

seminar on eu consumer acquis belgrade 24 th january 2013 the rule of complementarity
SEMINAR ON EU CONSUMER ACQUISBelgrade, 24th January 2013The rule of complementarity

remains dispersed: LCP v. other laws having an impact, directly or indirectly, fully or partially, on consumer interests.

Need to clarify how the LCP relates

to such other laws

The legal framework for consumer protection

seminar on eu consumer acquis belgrade 24 th january 2013 the rule of complementarity1
SEMINAR ON EU CONSUMER ACQUISBelgrade, 24th January 2013The rule of complementarity

LCP is regarded as umbrella legislation which supplements particular/sector/vertical laws and remains applicable to all consumer relationships, all consumer contracts and all products and services likely to be used by consumers, in so far as there are no specific provisions with the same purpose in sector or vertical laws governing the relationships or contracts or products or services concerned.

seminar on eu consumer acquis belgrade 24 th january 2013 the rule of complementarity2
SEMINAR ON EU CONSUMER ACQUISBelgrade, 24th January 2013The rule of complementarity
  • LCP, new Article 4A, as proposed by IPA Project:

“The provisions of this Law will apply to all consumer relationships, all consumer contracts and all products and services likely to be used by consumers, in so far as there are no specific provisions with the same purpose in sector or vertical laws governing the relationships or contracts or products or services concerned”.

seminar on eu consumer acquis belgrade 24 th january 2013 the rule of complementarity3
SEMINAR ON EU CONSUMER ACQUISBelgrade, 24th January 2013The rule of complementarity
  • When there is no sector, vertical or specific consumer protection-related provision with the same purpose, the provisions of the LCP will apply.
  • When a sector, vertical or specific consumer protection-related legislation does apply, the provisions of the LCP which have no counterpart in the specific legislation will apply.
seminar on eu consumer acquis belgrade 24 th january 2013 the rule of complementarity4
SEMINAR ON EU CONSUMER ACQUISBelgrade, 24th January 2013The rule of complementarity
  • Special provisions which have no counterpart in the LCP are applicable to the contracts, products or services covered by the specific law.
  • When the sector, vertical or specific consumer protection-related provision having the same purpose actually contradicts the similar provision of the LCP, the sector, vertical or specific provision will prevail (lex specialis).
seminar on eu consumer acquis belgrade 24 th january 2013 the rule of complementarity5
SEMINAR ON EU CONSUMER ACQUISBelgrade, 24th January 2013The rule of complementarity

One alternative solution could be in such a case that the lex specialis will apply only if it proves to be more protective for consumers.

“The provisions of this Law will apply to all consumer relationships, all consumer contracts and all products and services likely to be used by consumers, in so far as there are no specific provisions with the same purpose in sector or vertical laws governing the relationships or contracts or products or services concerned and providing consumers with a higher level of protection”.

seminar on eu consumer acquis belgrade 24 th january 2013 the principle of subsidiarity
SEMINAR ON EU CONSUMER ACQUISBelgrade, 24th January 2013The principle of subsidiarity
  • Treaty on the EU, as revised by Lisbon Treaty of 2010, Art. 5.3.
  • Under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level.
seminar on eu consumer acquis belgrade 24 th january 2013 the principle of subsidiarity1
SEMINAR ON EU CONSUMER ACQUISBelgrade, 24th January 2013The principle of subsidiarity
  • Impact: increased role of local actors
  • Consumer organizations
  • Local governments, municipalities, cities