Customer position according to Albanian legislation

• Author: Marjeta Shaholli
• Position: European University of Tirana, Tirana, Albania
• Pages: 113-118

113

Vol. 4 No.2

September 2018

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Graz-Austria

ISSN 2410-759X

Acces online at www.iipccl.org

Customer position according to Albanian 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, protection, legislation, Albanian, market.

Customer position according to Albanian legislation

Although consumer protection in Albania is a relatively new fi eld, occasionally

there have been a empts to strengthen the legislation on consumer protection and

practical steps to protect consumers, by amending the legislation in accordance with

the EU Directives and Regulations and the adoption of the Consumer Protection

Strategy 2014-2020. However, the Albanian consumer has a lack of information on

his material and procedural rights. This fact is a recurring recommendation of the

European Commission in the Progress Reports of previous years.

In accordance with the legislation in force, the consumer has several steps to pursue

and restore his right:

A) Friendly se lement of the dispute;

B) Appeal to state institutions;

C) Judicial se lement;

Let’s analyze the steps of the customer by dealing with concrete cases. Since the

practice is very scarce, it has been very di cult to identify cases that a er appeal to

the Consumer Protection Commission have appealed to the court the decision, here

I refer to the cases with the object of ‘distance purchases’, which is the subject of this

study .

A) Friendly se lement of the dispute

Prior to entering into a distance contract, the customer must be informed about

his rights and must identify the trader with whom he is signing the contract. The

customer must be vigilant and be informed of the goods and service contracted upon,