The authors point to the plurality of forms of consumer protection. Private law form of consumer protection is individual protection in civil proceedings. The protection of the collective interests of consumers in most European legal systems is achieved through litigation. The Consumer Protection Act entrusts the protection of the collective interests of consumers to administrative bodies, which is realized in administrative proceedings, whose rules are characterized by considerable differences in relation to the rules provided by the Law on General Administrative Procedure. A significant unit is dedicated to the mechanism of alternative dispute resolution, especially arbitration and mediation. The shortcomings of the Law on Consumer Protection regarding certain contradictory provisions are pointed out. The legislator stimulates alternative dispute resolution, and on the other hand stipulates that contracting one of these methods does not affect the right to judicial protection. The paper also analyses the inspection.
The first special program for protection of the consumers at the level of European Union (then EEU) was brought in 1975 which made the foundation for more increasing numbar of regulations in the area of protection of consumers. At the moment there are about 90 directives covering this matter. One of them was the Directive of package travels, package holidays and package tours from 1990. However, the market of travelling services has undergone changes, especially because of the fact that with the increasing number of the internet users, the travelling services are more often bought on the internt and because also some new combinations of travelling services were introduced. More and more tavellers pay diferent parts of thein travel separately or they pay for more swited travels which combine one or more related tourist agencies according to the needs and preferences of the travellers. In this new market environment the Directive 90/314 did not anymore satisfy the needs of the consumers (tourists) efficiently, so that in 2015 a new Directive was adopted, the Directive on package travel and linked travel arrangements. Until now, before the European Court of Justice there were a number of cases submitted by the requirements of national courts for interpretation of individual provisions of the Directive, and particularly related to the issues of travelers rights and responisibities of the organizers of the travels due to travel not been performed, inappropriate performance of the travel, damage suffered by the travellers during the travel and others. Some of these cases are the subject of this paper.
Текст Нацрта Закона о заштити потрошача (даље: Нацрт ЗЗП-а) и његово образложење доступни су на веб-страници Министарства трговине, туризма и телекомуникација Републике Србије, доступно на адреси: https://mtt.gov.rs/slider/javnerasprava-o-nacrtu-ozp/, 15. 4. 2020. 9 Директива о алтернативном решавању потрошачких спорова (Directive 2013/11/
The consequence of the massive development of tourism has been increased importance of tourist agencies, as the most important subjects of agreements on tourist services. In the Serbian law, tourist agencies are regulated by the Law on Tourism from 2019. The subject of this paper are provisions from the Law on Tourism which regulate the definition and field of activities of tourist agencies, sorts of tourist agencies, requirements for conducting business activities, as well as special obligations which tourist agencies have in the operation of their business, which exist together with contractual obligations incurred in concrete agreements on tourist services.
Contemporary consumers’ protection policy comprises many issues, such as food, health, product safety, telecommunications, insurance, transport, tourism, energy, environment, market competition, etc. The essence of this policy are basic consumers’ rights, which are regulated at the EU level, as well as the national level. The basic consumers’ rights are: right to protection of health and safety, right to satisfaction of basic needs, right to protection of economic interests, right to legal protection, right to be informed, right to education, right to compensation and legal aid, right to be represented, right to a healthy and sustainable environment. The subject of this are paper are some of the basic consumers’ rights, which are analyzed from the perspective of the EU, as well as from the Serbian perspective.
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