Consumer position in the market and protection from EU legislation
Author | Marjeta Shaholli |
Position | European University of Tirana, Tirana, Albania |
Pages | 107-112 |
107
Vol. 4 No.2
September 2018
Balkan Journal of Interdisciplinary Research
IIPCCL Publishing, Graz-Austria
ISSN 2410-759X
Acces online at www.iipccl.org
Consumer position in the market and protection from EU legislation
Marjeta Shaholli
European University of Tirana, Tirana, Albania
Abstract
In all societies and the most developed ones, the position of the consumer is too delicate.
Sometimes, the main cause is the desire the maximizing the profi ts by the traders. But the
customer indirectly determines the fate of a good or service on the market, choosing a product
instead of another. Consumer are infl uenced by factors such as family budget, meeting the
most necessary family needs, prioritizing goods and services purchased, etc. Of course, the
manufacturer is not interested in placing a product on the market that does not have a sale.
Although many talk and write about the consumer as the weakest part on the relationship
between consumer and trader in the market, which needs active protection from the state
not only through legislation but also through consumer protection institutions, and also
the consumer should be recognized and enforce the procedures and legislation in power to
have full and comprehensive protection. That is, a well-informed consumer on his rights and
obligations, both material and procedural, is a potentially more protected consumer and the
law and institutions have achieved the goal. But is the consumer really protected?
Keywords: consumer, law, protection, European Union, Regulation.
Introduction
Each one of us in his daily life is a consumer. We as consumers enter into agreements
with public institutions for the education of children in nurseries and kindergartens,
children’s education, supply fuel, daily food purchase, electricity supply and water
supply in our homes, and many more.
For each case we buy goods and receive services, the individual through a contractual
or non-contractual relationship turns into a customer. In this metamorphosis, the
client pays the agreed price with the confi dence and conviction that he will receive
goods or services of above average or very good value. But that does not always
happen.
In a state of law, this relationship should not be le unprotected or in the consciousness
of the seller of the service or goods. Protecting the individual to receive a service or
commodity above the average level is consumer protection. The minimum level of
consumer protection is guaranteed by the state, through the Constitution, the law,
and subordinate legal acts.
With this paper I have tried to answer the following questions:
1. What are the conditions for fi ling a claim before a court in accordance with European
legislation (Regulation 44/2001 - Regulation I Brussels)
2. What is the nature of the issues involved in “Commercial and Civil” and the
Territorial Jurisdiction for Judicial Review?
3. What is the procedure followed by the consumer according to small claim
procedures?
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