Goods and services (Directive 2004/113)

AuthorBaci, Entela
Pages89-90
89
9 Goods and services (Directive 2004/113)267
9.1 General (legal) context
Surveys and reports about the difficulties linked to equal access to and supply of
goods and services
There have been no surveys or reports in this area.
Specific problems of discrimination in the online environment/digital
market/collaborative economy
The regulations of th e LGE and LPD refer to equality in both public and private sectors,
but there has been no case law referring to the online market economy so far.
Political and societal debate
There is no political or societal debate to report.
9.2 Prohibition of direct and indirect discrimination
Prohibition of discrimination in the field of goods and services is a specially protected field
from discrimination under Article 20 of the LPD. In addition, Article 1 provides for an open
list of grounds protected from discrimination and thus discrimination on grounds of
gender/sex is prohibited.
9.3 Material scope
The material scope of t he LPD in relation to access to goods and services is b roader than
specified in Article 3 of Directive 2004/113, because it also covers the opportunity to use
or enter into an educational institution. The LGE also has a special chap ter on equal
treatment and protection against gender-based discrimination in education and training.
9.4 Exceptions
Albanian law has applied the exceptions from the material scope in A rticle 20(7) of the
LPD, according to which:
‘The prohibition of discrimination is not applicable to t he setting of a particular age
for the possibility of social benefits, goods, facilities and services, if reasonable and
objective criteria exist for the determination, without infringing the core of the right
to benefits and when the determination aims at achieving a lawful purpose for a
public interest, or to protect the rights of others, always in a fair proportion to the
situation that has caused the determination.’
9.5 Justification of differences in treatment
Article 20(5) of the LPD provides for justified differences in treatment in the provision of
goods and services in relation to compensation and benefits if ‘the distinctions are
reasonable and in proportion to a risk that is assessed on the basis of current and statistical
data that can be verified and are closely linked to the risk.’
267 See e.g. Caracciolo di Torella, E. and McLellan, B. (2018) Gender equality and the collaborative economy,
European network of legal experts in gender equality and non-discrimination, available at
https://www.equalitylaw.eu/downloads/4573-gender-equality-and-the-collaborative-economy-pdf-721-kb.

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