The Impact of EU Norms and Policies on Consumer Protection Enforcement in Serbia

Pursuant to its 2008 Stabilization and Association Agreement governing the process of EU integration, Serbia is obliged to align its consumer protection standards (including those related to enforcement) with those of the EU. This article considers the overall approach to enforcement of consumer law in Serbia, focussing in particular on the extent to which EU enforcement principles have been successfully exported to Serbia and whether the goals of EU consumer policy have been achieved. It argues that the incorporation of EU norms has brought fundamental changes to Serbian enforcement mechanisms at a formal level, such as in relation to mediation processes as well as the introduction of injunctions for the protection of collective consumer interests. In practice, however, the impact of this incorporation is quite limited. A number of factors that restrict the practical effectiveness of the mediation processes and injunctions required by EU law are explored in the article, including weak sanctions, excessive reliance on poorly resourced consumer organizations, absence of a business culture of compliance or a sophisticated and determined consumer protection enforcement culture sufficiently grounded in expertise, as well as an overarching political, legislative, and institutional instability. These factors also undermine the general aim of EU policy to achieve effective consumer protection enforcement in the Serbian context.     

Understanding the Green Energy Consumer

A threefold increase in crude oil prices over the last five years, growing concern about climate change, and public policies promoting renewable energy have begun to cause a fundamental transformation of the housing industry. In this phase of discontinuous change, it is essential for both incumbent heating marketers as well as new entrants to understand shifting customer preferences. This article provides critical insights for successful creation of customer value with new residential energy technologies.     

Enforcement Activity in Consumer Protection Regulation in Croatia

The law regulating consumer protection in the Republic of Croatia began its intensive development through the process of harmonization of Croatian legislation with EU law. Apart from the approximation of Croatian legislation with the acquis, in the pre-accession process, Croatia also undertook obligations to introduce and develop corresponding mechanisms for the efficient enforcement of consumer protection in practice. The development of consumer protection policy was recognized as a priority area in Croatia, and even before full membership, the process of implementing new directives in the area of consumer protection ran almost in parallel to and at the same pace as that of the Member States. Alongside the harmonization of its legislation with the EU consumer acquis, Croatia started developing a regulatory enforcement structure, including a whole series of mechanisms to achieve individual and collective protection of consumer rights. Among other things, the satisfactory development of regulatory enforcement activities in consumer protection was one of the preconditions for the successful completion of the accession negotiations and for signing the accession treaty. At the same time, the article suggests that in the area of both the individual and collective realization of consumer protection, there is a need for further progress through, on the one hand, developing administrative capacities and enhancing access to justice, as well as developing a system of out-of-court settlement of consumer disputes on the other.     

Understanding the Pro-plaintiff Bias in Consumer Protection Legal Processes

Using information from the Peruvian administrative consumer system from 1998 to 2010, the paper assesses hypotheses taken from selection theory in the context of legal disputes (Priest and Klein, The Journal of Legal Studies 13(1):1, 1984) and political science. Hypotheses from selection theory regarding the influence of plaintiff stakes, informational asymmetry and, to a lesser extent, litigation costs on both selection decisions and trial outcomes were confirmed. In addition, the results corroborate other implications of selection theory, such as the non-random nature of selection processes. However, no evidence has been found regarding the theory’s prediction that the share of plaintiff victories at trial will converge to 50%. The results also show that in the Peruvian consumer protection system, plaintiffs win more often than do defendants, suggesting the pre-eminence of pro-consumer trial standards over other factors. Moreover, the evidence confirms the hypotheses taken from “party capability theory” (Galanter, Law & Society Review 9(1):95–160, 1974) regarding the influence of litigant characteristics on consumer protection legal outcomes. Finally, the results also demonstrate the relevance of ideological and attitudinal factors as determinants of consumer administrative trial decisions.     

Understanding the Consumer Experience: It's 'Good To Talk'

The consumers of the 21^st Century can purchase goods and services by many off-site methods as well as by the 'traditional' mode of shopping in person. It is time to look again at the key feature that makes the traditional method popular for many consumers: the opportunity to mix with other people during the retail/service experience. This article reviews the extant literature on on-site consumer interactions, especially conversations consumers have with fellow consumers and employees. Out of the review, three inter-related strategic perspectives are proposed which store-based retail/service providers must take to compete for customer loyalty in the new millennium. They are: (1) view on-site consumers as a valuable (willing and able) human resource, (2) plan to facilitate consumer-to-consumer interactions and (3) accept some social responsibility for the quality of these interactions. There are still some significant gaps in our understanding of the social and communal elements of service experiences. A focus for future research is provided.     

Understanding Consumer Ethnocentrism in Developing Countries: Case Bangladesh

ABSTRACT

This article argues that the traditional belief that “consumer ethnocentrism is a phenomenon of developed countries only” is no longer true. To establish this argument, our study assesses the applicability of the Consumer Ethnocentric Tendencies Scale (CETSCALE) to Bangladesh by judging the unidimensionality feature of the same. The methodology is based on a sample of 788 respondents collected from 27 districts in Bangladesh. Statistically significant results show that for three chosen sociodemographic groups, namely, students, job holders, and businesspersons, the original CETSCALE is to a large extent applicable as those groups have shown positive attitudes in retaining 12 to 14 items of the 17 items of the original scale. However, the groups and the respondents as a whole did not agree with the unidimensionality feature of the CETSCALE. Moreover, the results of the study show that Bangladeshi consumers in greater extent prefer to see “Made in Bangladesh” tags when buying consumer products that Bangladeshi businesses can produce locally—a significant potential threat to international business that multinational companies need to address.     

Understanding Firm, Physician and Consumer Choice Behavior in the Pharmaceutical Industry

This paper argues that the pharmaceutical industry represents an exciting opportunity to carry out academic research. The nature of the industry allows researchers to answer new questions, develop new methodologies for answering these questions as well as to apply existing methodology to new data. The paper opens with some industry background, then provides a brief overview of some important research areas and discusses the open questions in each area. Issues of data type and availability are also discussed. This paper is based on a session (with the same title and participants) that was part of the Sixth Invitational Choice Symposium hosted by the University of Colorado and held at Estes Park, Colorado during June 4–8, 2004.     

Rules Theory: Understanding The Social Construction Of Consumer Behaviour

This paper explores the potential of rules theory to make intelligible the socially constructed reality of consumer behaviour. Rules theory, which is grounded in Systems theory and later Wittgensteinian language philosophy offers a technology for accessing the meaning and action that characterise consumer behaviour. Two forms of rule can be used to interpret consumer behaviour, constitutive rule and regulative rule. The former are socially constructed rules of meaning; the latter are socially constructed rules of action. Rules theory also acknowledges that meaning and action have potential for contextual variation. Rules theory serves as a metatheoretical counterpoint to the positivistic paradigm which dominates the consumer behaviour literature.     

A Conceptual Framework for Understanding the Effects of Corporate Social Marketing on Consumer Behavior

This theoretical paper develops a conceptual framework that explains how companies can influence consumer behavior in terms of both social and business benefits through their corporate social marketing (CSM) initiatives. Drawing from the source credibility literature, the article asserts that the effectiveness of CSM depends largely on the corporate credibility of a company in supporting a social cause (“CSM credibility”). Based on this assertion, the framework identifies ten different antecedents of CSM credibility, which are organized into (1) attributes of the company, (2) attributes of the CSM initiative, and (3) attributes of the cause. Furthermore, this framework shows that CSM credibility affects the two examined consequences, intended prosocial behavior and consumer loyalty. Several research and managerial implications are developed based on the propositions specified in the framework.     

Consumer normalcy: Understanding the value of shopping through narratives of consumers with visual impairments

This paper extends our understanding of the symbolic and experiential value of shopping. By exploring the narratives of consumers with visual impairments, consumer normalcy is shown to be an important value of shopping implicit in discussions of shopping experiences. The informants often achieve consumer normalcy, which they reveal consists of four dimensions: participating or being-in-the-marketplace (I am here), achieving distinction through the marketplace (I am me), demonstrating competence and control (I am in control), and being perceived as an equal in the marketplace (I belong). The consumer normalcy construct reveals to readers how shopping experiences contribute to identity and the tension between acceptance by others and individual agency. Reality differs between informants, but their collective realities inform how consumers realize their self and consumption aspirations by shopping.     

Understanding Corporate Social Responsibility and Product Perceptions in Consumer Markets: A Cross-cultural Evaluation

The concept of corporate social responsibility is becoming integral to effective corporate brand management. This study adopts a multidimensional and cross-country perspective of the concept and analyses consumer perceptions of behaviour of four leading consumer products manufacturers. Data was collected from consumers in two countries – Spain and the UK. The study analyses consumers’ degree of interest in corporate responsibility and its impact on their perception about the company. The findings here suggest a weak impact of company-specific communication on consumers’ perception. The implications of this study are relevant to companies for strengthening their social responsibility associations with the consumers. Dr. Jaywant Singh is Senior Lecturer at Kingston University, London where he teaches consumer behaviour and international marketing. His research interests include customer loyalty, product variants, new brands, corporate social responsibility, and consumer panel data. He received his PhD in marketing in 2004. Dr. Maria de Mar Garcia de los Salmones is Lecturer at University of Cantabria (Spain). Her current research interests include corporate social responsibility, brand image and consumer behaviour. She received her PhD in business administration in 2002. Dr. Ignacio Rodriguez de Bosque is Professor of Marketing at the University of Cantabria (Spain). His current research interests include Business Communication, relationship marketing and distribution channels. He has published in several international journals such as Tourism, Management, Journal of Retailing and Consumer Services and Industrial Marketing Management.     

Consumer Perceptions of the Consumer Credit Process

This research contrasts the perceptions of consumers with those of loan officers faced with similar credit application situations. Fundamental misperceptions of the credit granting process are encountered. Consumers clearly misperceive the credit standards of both banks and finance companies. Given large interest rate differentials between loan sources and the narrow shopping scope of most consumers for consumer credit, equitable allocation of credit dollars demands greater appreciation of the nature of the credit evaluation process by lender and borrower.     

美国承认执行ICSID仲裁裁决的立法与实践评析

美国承认执行ICSID仲裁裁决的国内法依据包括《解决投资争端公约法案》和《外国主权豁免法案》。依据美国目前的相关司法实践,ICSID仲裁裁决胜诉方应向哥伦比亚特区联邦地区法院提出承认执行申请,向被告送达传票和诉状是必经程序。美国在ICSID仲裁裁决的执行问题上是适用限制豁免原则的。用于商业活动的他国财产在一定情形下不得享受豁免。我国投资者去美国寻求ICSID仲裁裁决的承认执行应确保符合上述要求。作为《解决国家与他国国民间投资争议公约》缔约国,我国政府应明确表明履行公约项下义务的立场,尽快指定承认执行ICSID仲裁裁决的主管法院或机构,明确相关程序规则,完善有关国家豁免的规定。     

以新制度经济学范式理解消费结构演变的力作

田学斌博士的专著《家庭消费结构演变的制度分析》日前已由中国社会科学出版社出版。该书是以新制度经济学范式理解消费结构演变的颇具创新性的一部力作,是制度经济学和消费经济学学科交叉研究的一项有价值的成果。诚如何炼成教授所言,作者的工作“填补了一个空白”。通观全书,     

谈谈消费经济学的走向--为纪念《消费经济》创刊20周年而作

二十年来，在《消费经济》的倡导和支持下，消费经济从无到有，而今已茁壮成长，成为经济学的一个重要分支，令众多学子敬仰。     

Consumer Religiosity: Consequences for Consumer Activism in the United States

In recent times, organizations have experienced consumer backlash as a result of decisions to support controversial causes. To date, little research has attempted to explain consumers’ negative response as a function of religion. This study addresses that gap in the literature and examines consumer religious commitment and Christian consumers’ conservative beliefs in the United States as motivating factors for consumer activist behavior and boycott participation. Findings from a national sample of 531 consumers suggest that consumers evaluate seller’s actions and form ethical judgments. These judgments are a major explanatory variable in consumers’ voice complaints, third-party complaint intentions, and boycott intentions.     

论德国法对信息社会下骚扰广告的规制——兼谈对我国消费者保护立法的启示

信息时代的到来伴随着大量利用信息手段发布骚扰广告的行为,德国《停止侵害之诉法》为保护消费者的权益,特意创设了答复请求权制度。答复请求权的行使以停止侵害请求权为前提、以三类团体为权利主体、以要求答复义务人告知违法行为者的名称和可供联系的地址为内容。为有效遏制垃圾短信等骚扰广告行为,我国消费者保护立法应以完善消费者知情权为切入点,赋予消费者协会等团体以诉权,同时将知情权的行使规则具体化。     

The Ethical Attribute Stigma: Understanding When Ethical Attributes Improve Consumer Responses to Product Evaluations

Although several articles have investigated ethical product attributes, earlier research has not empirically examined different benefits offered by ethical attributes (i.e., symbolic or utilitarian benefits). This study demonstrates that ethical attributes have functional benefits as well as symbolic benefits. More importantly, when the ethical attribute benefit is congruent with the product category benefit, ethical attributes improve product evaluations. In addition, products with a higher degree of physical contact with consumers are affected more positively by benefit congruity of ethical attributes. For products with lower degree of physical contact, benefit congruity of ethical attributes still has a positive impact, but not for consumers who have strong price–quality beliefs.     

Consumer safety in Greece: An analysis of the Consumer Protection Act 1991

In September 1991 the Greek Consumer Protection Act No. 1961 was enacted. Chapter 2 of this Act establishes a legal framework for product safety. This framework has the dual aim of securing deregulation in the Greek market while maintaining effective consumer protection. This paper analyses the main features of this framework and demonstrates its inadequacies. It also investigates the extent to which these inadequacies could jeopardise an effective protection of consumers' interests. The paper concludes by emphasising that effective protection of consumers can only be achieved by supporting the general safety requirement with adequate accident-surveillance systems, mechanisms for investigation of risks, unambiguous risk-assessment criteria, creation of a comprehensive set of supporting standards that offer a high level of protection, effective control of the safety of products by the authorities, and real possibilities for consumer organisations to participate in the whole process.

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Zusammenfassung Die Sicherheit des Verbrauchers in Griechenland: eine Analyse des Verbraucherschutzgesetzes von 1991 Im September 1991 trat das griechische Verbraucherschutzgesetz in Kraft. Kapitel 2 des Gesetzes führt einen rechtlichen Rahmen für die Sicherheit von Produkten ein. Dieser Rahmen verfolgt das Ziel der Deregulierung auf dem griechischen Markt bei zugleich wirksamem Verbraucherschutz. Der Beitrag analysiert die wesentlichen Aspekte dieses Rahmens und stellt seine Schwächen dar. Er prüft, inwieweit diese Schwächen einem wirksamen Verbraucherschutz entgegenstehen können, und hebt hervor, da\ wirksamer Verbraucherschutz nur durch Stärkung der allgemeinen Sicherheitsbestimmungen erreicht werden kann. Dafür sind erforderlich ein angemessenes Unfallüberwachungssystem, Regelungen für die Untersuchung von Risiken, eindeutige Kriterien für die Bewertung von Risiken, die Entwicklung umfassender Kriterien zur Gewährleistung eines hohen Schutzniveaus, die wirksame Kontrolle der Produktsicherheit durch die Behörden, sowie für die Verbraucherorganisationen die faktische Mitwirkungsmöglichkeit an der gesamten Entwicklung.

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George Argiros, a member of the Athens Bar Association, is at present researching in the field of EC Law and Consumer Protection at the University of Leicester, Faculty of Law, Leicester LE1 7RH, U.K.