Goods and services (Directive 2004/113)

• Author: Krstic, Ivana
• Pages: 64-67

64

9 Goods and services (Directive 2004/113)189

9.1 General (legal) context

9.1.1 Surveys and reports about the difficulties linked to equal access to and supply of

goods and services

There are no comprehensive surveys and reports about the difficulties linked to equal

access to and supply of goods and services

9.1.2 Specific problems of discrimination in the online environment/digital

market/collaborative economy

There are no specific problems of discrimination in the online environment/digital

market/collaborative economy. However, there is a need to establish business

environment and innovative solutions to overcome the traditional challenges and facilitate

Serbia's transition to the digital economy era. The aim is to stimulate, among other things,

entrepreneurial growth and development of a knowledge-based society in Serbia.190

9.1.3 Political and societal debate

There is an ongoing debate on the need to have more government investments in digital

infrastructure, to support the necessary legal framework and to develop entrepreneurial

and digital competencies, in order to improve the digital agenda for Serbia.

9.2 Prohibition of direct and indirect discrimination

Whereas the GEA does not explicitly contain provisions on equal access to goods and

services, the LPD in Article 17(1) prohibits discrimination in the provision of public services,

but not goods.

9.3 Material scope

The material scope of Serbian law relating to access to goods and services is more

restricted than what is specified in Article 3 of Directive 2004/113, as it does not cover

goods.

The LPD states in Article 17(1) that discrimination occurs:

‘if a legal or physical entity, within the framework of its/his/her activities or

profession, refuses to provide a service on the grounds of a personal characteristic

of an individual or a group of persons, or if the said entity, in order to provide the

service in question, requires the fulfilment of some condition that is not required of

other individuals or group of persons, or if the said entity unwarrantedly gives priority

to another individual or a group of persons when it comes to providing a service.’

In other words, the term 'public services' refers to services available to the public (whether

by private or public authorities, entities, companies, etc.). Furthermore, Article 17(2) of

the LPD also guarantees to everyone:

‘the right to equal access to premises in public use (premises where the head offices

of public administration organs are located, premises used in the sphere of

189 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,

https://www.equalitylaw.eu/downloads/4573-gender-equality-and-the-collaborative-economy-pdf-721-kb.

190 More on this issue, see Pitić G., Savić N., Verbić S., Digital Transformation and Serbia, Ekonomika

preduzeća, 20 January 2018.