Albanian Institutions on Consumer Protection According to the Law no. 9902, Dated 17.04.2008 “On Consumer Protection” (original) (raw)
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In this paper we would like to analyse and to treat the legal bases of: Legal analysis on the legal mechanisms for consumer protection in the comparative right, the role and importance of these legal mechanisms in developed countries and paying attention by special emphasis over the Republic of Kosovo. An important highlight will be over the comparative aspect of legal analysis in Kosovo, Macedonia and Albania. We also take into consideration the legal analysis of cases of violations and misleading commercial practices. Commercial practice is misleading when it contains false information and is therefore untrue. A commercial practice is misleading even when, in every possible way, including the overall appearance, misleads or is likely to mislead the average consumer, making or likely to make the consumer. The paper aims to provide a complete overview of the key issues related to the legal mechanisms for consumer protection in comparative law by treating them both theoretically and in the way that judicial practice, especially our judicial practice, has understand and apply procedural provisions regarding legal mechanisms for consumer protection in comparative law and issues arising in this regard. In this regard, the research questions include: 1. which are the main problems facing Kosovo's judicial practice in the context of the implementation of substantive and procedural provisions on cases and legal mechanisms for the protection of consumers in comparative law? 2.Is Kosovo facing poor implementation of the law, respectively non-implementation of material provisions and procedural provisions in Kosovo, for the protection of businesses and consumers? What are the causes that may affect the non-implementation of the legal framework, which is thought to be the best solution in this regard? The research questions that come out under the law are; in which cases should a relationship be referred to legal remedies for consumer protection in comparative foreign law? All these issues tend to give a comparative look at the international and national level. The expected results from this research consist in deepening theoretical and practical knowledge on legal mechanisms for consumer protection in comparative law, comparative analysis in Kosovo and beyond.
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Although the Kosovo Law on Consumer Protection has been harmonized with the EU Directive on Unfair Contract Terms, several inconsistencies are still prevalent in other pieces of legislation, which in turn diminish the effective protection of consumers in line with the aim of the said Directive. The present paper aims at introducing some preliminary findings of the author’s doctoral thesis which can serve as a basis for further improvement of the existing legislation in the field of consumer protection. Full harmonization of the consumer protection legislation with the Unfair Terms Directive entails not only the verbatim transposition of the said Directive into one piece of legislation but an alignment of the entire legislative framework to this end, as well as the development of the court practice in line with the CJEU case-law.
STUDIA IURIDICA TORUNIENSIA, 2018
J.F. Kennedy once said: “Consumers, by definition, include us all.” Indeed, no matter where we look in the Croatian legal system, we come across a new consumer. Sometimes this is a consumer protected by lex generalis for consumer protection, the Consumer Protection Act. Another time it is a consumer protected by the Obligations Act or, more specifically, the Consumer Credit Act and even more specifically by the Mortgage Consumer Credit Act. If he pays for something he has bought, he is also a consumer protected by the Payment System Act, and if he has decided to travel around by means of a package travel arrangement, he is a consumer enjoying protection under the Act on Provision of Services in Tourism. The first part of this paper is devoted to legal development of the Croatian consumer protection law and presentation of consumer rights as guaranteed by the main source of consumer protection in Croatia, namely, by the Consumer Protection Act.
CONSUMER PROTECTION ON THE EXAMPLE OF UZBEKISTAN AND THE EUROPEAN UNION
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Consumer protection is a very wide-ranging issue and needs to be given appropriate attention. It plays an important role in ensuring the proper functioning of free-market economies. A properly informed consumer, who takes rational decisions about the goods and services offered to him and equipped with appropriate procedures to enable him to assert his rights, protected by state institutions, is one of the pillars of a free and competitive market. The aim of this article is to present the key regulations falling within the scope of consumer protection in Uzbekistan and the European Union. The paper identifies the legal regulations aimed at protecting fundamental consumer rights, the way in which those rights are regulated, objectives and purpose of such arrangements. Part one presents consumer protection in the legal system in Uzbekistan, taking into account legal changes and reforms aimed at broadening the scope of this protection. The second part presents how consumer protection is achieved in the European Union and the areas that have been identified as fundamental to achieving full and effective protection. The article ends with conclusions summarising the analyses carried out.
Legal divergences in terms of customer rights in Kosovo
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Customer protection is a worldwide known and respected phenomenon, whereas in Kosovo its regulation is in early beginnings. Historically, the origin of Kosovo customer law is from 2004 when it was first regulated by the Law. Despite all the amendments and additions made to this act in 2009, there are still no signs of positive results on this respect. The purpose of this paper is to highlight the importance of customer protection and to emphasize that customer protection legislation is not sufficiently harmonized with the Law on Obligation Relationships reflecting certain legislative divergences. These divergences result in no unique legal terminology, and also in various interpretations due to the underlying weaknesses. For the purpose of legislative security for customer protection, it is necessary to harmonize the terminology referring to the customer as a buyer, etc.
Croatian Consumer Protection Law: From Legal Approximation to Legal Fragmentation (Part II)
STUDIA IURIDICA TORUNIENSIA tom XXIII, 2019
The second part of this paper is devoted to presentation of rules on consumer protection regulated outside of the Consumer Protection Act as lex generalis for consumer protection. Approximation with various EU Directives on consumer protection resulted in vast of consumer protection rules spread all over the Croatian legal system. However, this overregulation of consumer protection unfortunately has not resulted in overprotection of Croatian consumers. As it shall be demonstrated in this paper, the legal fragmentation of the Croatian consumer protection law seems to be one of the main reasons for the loopholes in its enforcement. Combined with a lack of experience of the enforcement bodies competent for consumer protection, fragmentation of the consumer protection law has led to legal uncertainty in B2C relations.
Urgency of Government Protection on Consumers in the Concept of The Rule of Law
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This paper aims to compare the remedies at the consumer's disposal in the event of a lack of conformity of goods in Slovenian, Croatian, and Serbian law. The Slovenian and Croatian legislators have already transposed Directive (EU) 2019/771 in 2022 and 2021, respectively. On the other hand, the rules of the Serbian Consumer Protection Act are still based on Directive 1999/44/ EC. This Directive, however, also shaped the Slovenian and Croatian legislation long before the latest amendments. For this reason, the paper also analyses the rules in Slovenian and Croatian law which were in force before the recent amendments. The principal aim of the authors is to determine the similarities, peculiarities, and differences between the three legal systems. At present, the common denominator of the examined laws is the existence of a hierarchy of consumer rights: repair and replacement are the primary, and appropriate price reduction and termination of the contract the secondary or subsidiary remedies. Before the amendments in 2022 and 2021, termination of contract was the sole subsidiary remedy in Slovenian and Croatian law. It may be inferred that the most important differences between the examined legal orders concern the possibility of the termination of the contract, since the Slovenian and Serbian legislators considerably facilitated it when the lack of conformity becomes
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The objective of this paper is to analyse the legal position of the consumer in the event of a lack of conformity of the goods in Croatian and Serbian law The national regulations governing this issue in both states are influenced by the legislation of the European Union. More specifically, Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees influenced the Serbian Consumer Protection Act, while the said Directive and the new Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods influenced the Croatian Act on Obligations. However, both legislators preserved certain specific rules, most notably the ones pertaining to the rescission of the contract Given the fact that Serbia has not yet harmonized its Consumer Protection Act with Directive (EU) 2019/771, its regulation is to be assessed taking into account only Directive 1999/44/EC In comparing the two legal orders, the paper discusses several issues in relation to consumer sales, such as the sources of law in this field and their application, basic definitions and the notion of conformity of the goods with the contract and consumers' rights in the event of a lack of conformity, with the aim to identify differences, similarities, and specificities. It can be inferred that the main differences concern the regulatory approach, the definition of the notion of conformity of the goods with the contract, and certain specific rules relating to the rescission of the contract. On the other hand, the main similarities regard the hierarchy of the rights at the disposal of the consumer and the time limit during which the seller may be held liable