Understanding the Enforcement Malfunction of Consumer Legislation in Serbia

The new Serbian Law on Consumer Protection was passed in October 2010, and its enactment and general outlook may be attributed to the continuous political pressure and financial and technical support by the European Union (EU). This paper outlines several factors that may have contributed to the weakness of enforcement in Serbia, so that while consumer legislation is fairly harmonized with the EU acquis, national standards of consumer protection lag behind those in the EU. These tentative explanations of the enforcement malfunction include (1) the lack of institutional capacity to receive the professional and technical support of the EU, (2) external pressure as the main incentive for legislative change, (3) the lack of belief in the social relevance of legislative changes as such, (4) the deficiency of the enforcement mechanisms and the lack of appreciation of their importance, and (5) the absence of cooperation between the stakeholders and institutional resistance to change. Consumer protection is not an exceptional field characterized by the risks of enforcement failure. Moreover, the difficulties described in the article are not limited to Serbia, as they also happen in other jurisdictions, even if in different shapes and forms. The success of aligning the national norms to those of the EU and the success of legal transplants in general are always quite uncertain. In that sense, the case of consumer policy in Serbia should be understood as an instance that may illuminate a class of phenomena.     

EU Treaty Revision and Consumer Protection

In its original version, this paper was delivered by the authors to the Bureau Europeen des Unions des Consommateurs in April 2004 in order to provide the basis for that bodys submissions to the intergovernmental conference then charged with the task agreeing a new constitutional Treaty for the European Union. The aim: to improve the attention paid to the consumer interest in the Treaty. Ultimately the text agreed by the Heads of State and government of the Member States of the EU in June 2004 largely adopted the existing consumer-related acquis communautaire – in fact in most areas of substantive EU policy-making, not merely consumer policy, textual continuity is the hallmark of the newly agreed text. This paper has been revised to provide a commentary on the consumer-related provisions that were agreed in June 2004, in order both to show chances that have been missed (but may be revived should the ratification process founder) and to reveal areas of current debate that remain topical and controversial because of the preference simply to absorb existing provisions, lightly amended or left wholly unamended, into the constitutional Treaty agreed by the Heads of State and government of the Member States of the EU in June 2004.     

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.     

Dissemination of Consumer Law and Policy in Brazil: The Impact of EU Law

Journal of Consumer Policy - This paper analyses the influence of European Law on Brazilian Consumer Law. It starts by describing the general features of Brazilian Consumer Protection law,...     

The Ethical Consumer. Moral Norms and Packaging Choice

This study investigates whether the claim that environmental attitudes are based on moral reasoning is valid with regard to consumer buying attitudes, as it has been shown to be in other domains of consumer behaviour. It is proposed that two conditions make moral reasoning in the buying situation more likely: environmental concern and the absence of other highly involving characteristics. The paper presents a study of a case with these two characteristics: Danish consumers' choice of environment-friendly packaging. With regard to this case, the evidence supports the claim. A majority of Danish consumers have developed personal norms about choosing environment-friendly packaging and the personal norm is a significant predictor of their (self-reported) propensity to choose environment-friendly packaging in the supermarket (whereas perceived costs have a minor influence on the choice). It is recommended that attempts to promote this and similar behaviour focus on strengthening consumers' intrinsic motivation and on facilitating its transformation into behaviour.     

Innovation and EU Consumer Law

Recent consumer policy initiatives, primarily at the domestic, but also at the European, level have emphasised the need to ensure that consumer law not only protects consumers, but also encourages competition and supports innovation. The purpose of this paper is to offer some preliminary thoughts on the relationship between consumer protection and innovation, and to consider the potential impact of the main consumer law directives adopted by the European Union on this relationship.     

Economics of Consumer Protection: Contributions and Challenges in Estimating Consumer Injury and Evaluating Consumer Protection Policy

Journal of Consumer Policy - The author examines the role of economics in consumer protection, drawing from her experience at the U. S. Federal Trade Commission (FTC), which has a dual mandate to...     

网上支付中的消费者保护问题--美国立法规定及其对我国的启示

电子商务作为一种全新的商业运作模式,将成为21世纪国际商务往来的主流和各国经济活动的核心。而完整的电子商务要求做到物流、信息流和资金流都尽可能在网上进行,这有赖于网络银行与网上支付制度的建立。本文介绍了美国现行网上支付体系的种类及在责任限制、错误更正和披露三个方面对消费者的保护规定,对中美银行卡消费者保护规定作了比较研究,并对我国网上支付法律制度中的消费者保护立法提出了建议。     

An Assessment of Consumer Protection and Consumer Empowerment in Costa Rica

The present exploratory study aims to describe and assess Costa Rica’s regime for protecting and empowering consumers. As the general framework, this study used research conducted in the USA, in Europe—specifically studies conducted by the Organization for Economic Co-operation and Development (OECD) partners—and studies sponsored by the European Union (EU) in Central America. This paper, however, is not intended to provide an exhaustive analysis or to answer all questions and issues related to consumer protection in Costa Rica; rather, it is to identify the main components of the consumer protection framework, its strategies, consumer redress mechanisms, remedies, and consumer protection challenges faced by the country. The last section outlines a conclusion and presents recommendations for improvement.     

The Impact of Store-Price Signals on Consumer Search and Store Evaluation

Always low price (ALP) and low price guarantee (LPG) are store-price signals that retailers frequently use to induce favorable store-price image and discourage consumers from comparing prices across stores. Although both policies signal low prices, only LPG is an obligatory promise to beat rival stores’ prices. Results of two shopping simulations show that when consumer search costs are relatively low, ALP may effectively discourage consumer search whereas LPG may trigger more search. Paradoxically, consumers tend to evaluate ALP stores less favorably (as having lower integrity and higher self-serving intention) than LPG stores even when both signals appear to be credible. These findings suggest that LPG is a superior tactic for creating a favorable store image while ALP is more effective for discouraging consumer search. The results also indicate that consumers visit fewer stores when the LPG is not a credible signal of lowest market price than when it is credible. This is because consumers are inclined to either claim discounts or refunds at the non-credible LPG store or to purchase at the competing store with a lower price rather than continue searching.     

基于完善我国消费者权益保障制度的思考——兼评《消费者权益保护法》

为更好的保护消费者合法权益,规范市场主体生产经营行为,构建和谐的消费关系,我国消费者权益保障制度应当与时俱进,大胆吸纳公益诉讼制度;进一步优化完善商品召回制度;承认"职业打假人"的法律地位;强化消费者协会的职能;才有助于在全社会营造出商业诚信文化氛围,最终成为扩大内需,拉动经济持续增长的内在动力。     

消费者增权理论与我国消费者权益保护法的完善

消费者增权理论是近年来西方社会科学领域关注的热点问题之一,在消费者增权理论中,信息供给型增权和制度供给型增权是两种主要模式。我国现阶段的消费模式和消费者权益保护实践表明,制度供给型消费者增权可以更好地保护消费者利益。所以,从消费者增权理论出发,完善消费者权益保护法律体系,是增进消费者利益保护和实现消费和谐的重要举措。     

The Impact of the Single Market Programme on EU Banking

The rise of the service economy has been the predominant pattern of structural change in the twentieth century. This article investigates the driving forces behind the recent stages of this development. Focusing on international input—output data from the early 1970s to the 1990s, a decomposition analysis separates the quantitative impacts of demand, technology and trade-driven determinants of output growth. Our findings confirm the rise of knowledge-based services as the most dynamic component, thus strengthening the case for ‘quaternarisation’ as a process which is distinctly characterised by the substantial contribution of technological and organisational change to structural development.     

The Compatibility of EU Biofuel Policies with Global Sustainability and the WTO

The EU’s Renewable Energy Directive (2009/28) requires that by 2020, biofuels should account for at least 10 per cent of transport fuel consumption. EU legislation sets out sustainability criteria for biofuels to qualify for this target and procedures for verifying that they are met. Using the AGLINK‐COSIMO model, we investigate the impacts of the biofuel target on global trade flows and land use, both under the current biofuel tariff regime and assuming zero EU tariffs for biofuels. The EU’s 2020 transport fuel target increases the global area of agricultural crops by 0.9 per cent. With zero tariffs, the extra global land requirement is 21 per cent smaller, but a larger share of it falls outside the EU. This outcome sharpens the issue of how the EU’s unilateral sustainability criteria can be implemented given current international trade rules.     

从国际消费维权角度分析中国消费维权

中国消费者维权是国际消费者维权的一部分,中国消费者维权应该借鉴国际消费者维权的经验。在消费者处于弱势地位的时候,消费维权应该在完善消费者权益保护制度入手来进行,从而使得我国消费者权益保护和国际接轨。     

The Impact of Public Policy on Social and Moral Norms: Some Examples

Social and moral norms may be required for a sustainable development of private consumption patterns. But how can public policy influence norm-motivated consumer behaviour? Based on a recent research project two possible mechanisms for such influence are outlined. The first focuses on behaviour motivated by social approval or disapproval; in such cases, policy can sometimes lead the economy into, or out of, "good" or "vicious" circles, with potentially dramatic consequences for aggregate behaviour. The second mechanism relates to internalized moral motivation; in this case, policy may affect consumers' perception of what morally responsible behaviour means. Explicit inclusion of such mechanisms can change the predictions from economic models in important ways; however, results may depend crucially on whether norms are enforced by social approval or through internalized self-sanctioning. Survey data on considerate smoking behaviour, recycling of household waste, and voluntary community work support several assumptions and predictions from the theoretical models discussed.     

政府规制与消费者保护

政府规制是保护消费者利益的根本方式。本文主要通过制度分析来探讨我国消费者保护运动中政府规制的绩效及其影响,从改善政府规制规制绩效的制度建设角度提出改进措施,以期促进消费者保护与消费和谐的实现。     

E-Commerce and Consumer Protection in India: The Emerging Trend

Journal of Business Ethics - Given the rapid growth and emerging trend of e-commerce have changed consumer preferences to buy online, this study analyzes the current...