seminar„pravne tekovine eu u oblasti zaŠtite potroŠaČa “ beograd, 24. januar 2013. godine

SEMINAR„PRAVNE SEMINAR„PRAVNE TEKOVINE EU TEKOVINE EU

U OBLASTI ZAŠTITE U OBLASTI ZAŠTITE

POTROŠAČAPOTROŠAČA““BeogradBeograd, 2, 24. januar 4. januar 20132013. .

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SEMINAR ON EU CONSUMER SEMINAR ON EU CONSUMER ACQUISACQUISBelgrade, 24Belgrade, 24thth January 2013 January 2013

Provisions having general application and

their impact on consumer policy-making.

The principle of integration

The complementarity rule

The principle of subsidiarity2

SEMINAR ON EU CONSUMER SEMINAR ON EU CONSUMER ACQUISACQUISBelgrade, 24Belgrade, 24thth January 2013 January 2013The integration principleThe integration principle

(LCP, Art.2)(LCP, Art.2) Consumer educationConsumer education Consumer information and adviceConsumer information and advice Protection of consumers’ economic interestsProtection of consumers’ economic interests Consumer safetyConsumer safety Consumer redressConsumer redress Consumer representationConsumer representation Access to basic goods/servicesAccess to basic goods/services

Core issues of consumer protection policy

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SEMINAR ON EU CONSUMER SEMINAR ON EU CONSUMER ACQUISACQUISBelgrade, 24Belgrade, 24thth January 2013 January 2013 The integration principleThe integration principle

Charter of Fundamental rights of the Charter of Fundamental rights of the EU, EU, Article 38Article 38

Union policies shall ensure a high level of Union policies shall ensure a high level of consumer protection.consumer protection.

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

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

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LCP, Art.4B, as proposed by IPA LCP, Art.4B, as proposed by IPA Project:Project:

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

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Impact:Impact: Making other policy-makers aware of the Making other policy-makers aware of the

consumer dimension of their policiesconsumer dimension of their policies Need for inter-institutional coordination toolsNeed for inter-institutional coordination tools DCP status strengthened and resources DCP status strengthened and resources

increased to make overall supervision increased to make overall supervision effectiveeffective

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The integration principleThe integration principle

CompetitionCompetition Internal and foreign tradeInternal and foreign trade Product/service quality infrastructureProduct/service quality infrastructure Agriculture, Food safetyAgriculture, Food safety Financial servicesFinancial services Public healthPublic health

Main related policy areas (1):

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Services of general economic interestServices of general economic interest Social affairsSocial affairs TourismTourism Sustainable development, Environment Sustainable development, Environment

protectionprotection CultureCulture

Main related policy areas (2):

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= = Strategy + Consumer Action PlansStrategy + Consumer Action Plans StudiesStudies Contact points/personsContact points/persons Consumer Impact Assessment SheetConsumer Impact Assessment Sheet NCCP composition and prior consultationNCCP composition and prior consultation Capacity-building/TrainingCapacity-building/Training

Institutional and operational arrangements:

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The rule of complementarityThe rule of complementarity

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

Need to clarify how the LCP relates Need to clarify how the LCP relates

to such other lawsto such other laws

The legal framework for consumer protection

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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.



LCP, new Article 4A, as proposed by LCP, new Article 4A, as proposed by IPA ProjectIPA Project: :

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

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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.



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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).



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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”.


The principle of subsidiarityThe principle of subsidiarity

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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.


The principle of subsidiarityThe principle of subsidiarity

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Impact: increased role of local actors

Consumer organizations Local governments, municipalities, cities

seminar„pravne tekovine eu u oblasti zaŠtite potroŠaČa “ beograd, 24. januar 2013. godine

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