Projects / Programmes
Reform of Consumer Law in the Republic of Slovenia
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
| Code |
Science |
Field |
| S110 |
Social sciences |
Juridical sciences |
| Code |
Science |
Field |
| 5.05 |
Social Sciences |
Law |
analysis of consumer protection legislation, implementation of European consumers' acquis, Common European Sales Law, consumer dispute resolution, collective consumer redress, economic analysis of consumer law, optimal integration of consumer legislation in the private law framework
Researchers (18)
Organisations (2)
Abstract
In recent years, consumer law has been developing rapidly both at the European Union level as well as in Member States' legislation. In accordance with TEU and TFEU, the European legislator has been regulating this area of law by adopting directives which are a means of harmonization and require implementation of their content in Member States' legislation. Consumer law is thus gaining in importance within the legal systems and has partially set aside the use of traditional rules of the law of obligations. Consequently, we can already speak of the triad of civil, commercial and consumer contract law. As consumers enter into numerous legal transactions every day, consumer law should be used extensively in the legal practice and should develop fast through case law as well. However, neither Slovenian legal theory nor legal practice have yet comprehensively addressed this area of law.
Since most of the rules of consumer law have been introduced in order to coordinate with the legal framework of the European Union, the legislative implementation into national law has often been nomotechnically poor and unsystematic. The transposition of directives has often been incomplete or lacking in entirety as in in the case of Directive 83/2011 which should, but has not been implemented by 13 December 2013 (due to which Slovenia is in breach of EU law). There has also been inadequate consideration of the case law of the Court of Justice of the EU which should serve as an important source of European consumer law both in the preparation of national legislation as well as in its interpretation and application. Special consumer legislation does not clearly define its relationship to the similar provisions of the general law of obligations, which often obstructs its application in practice. In general, the quality of Slovenian consumer legislation is poor, particularly because of the frequent and ill prepared amendments of the legislation. Procedural mechanisms for the enforcement of consumer rights are inadequately regulated. Also unclear is the relationship between the protection of consumer rights through the competences of the market inspectorate and in civil judicial proceedings.
In general, it can be concluded that the knowledge of consumer legislation is poor among the participants of legal relations in Slovenia – consumers and businesses, as well as the courts and lawyers, which is reflected in the non-use or improper use of consumer laws in jurisprudence. Notable is also the lack of scientific study of consumer law, as Slovenian legal theory has not followed closely its rapid development, which is apparent through the lack of scientific and professional legal literature on consumer law.
The proposed research will be the first systematic and comprehensive study of consumer law in the Republic of Slovenia, taking into account its placement in the European legal framework and its relationship to the general rules of civil law. A commentary of Slovenian and European consumer legislation will be prepared offering answers to many issues of consumer law that can be resolved through interpretation. The study will also endeavor to identify the cases of non-compliance of national legislation with EU consumer acquis and its inconsistencies with other Slovenian laws, and will propose solutions to overcome them by amending the legislation. The effectiveness of selected institutes of Slovenian consumer law in achieving their stated objectives will be critically evaluated; improvements of the identified weaknesses will be offered. We will also examine the issues where the most intensive development of consumer law can be expected in the future, particularly those of consumer protection on the internet, further unification of European sales law, consumers' collective redress etc.
Significance for science
The research project is of great significance for the development of Slovenian legal science in the field of private law as it comprises the first systematic and comprehensive research in the area of consumer law protection in Slovenia. The result is a comprehensive and systematic body of knowledge of Slovenian consumer law and its place in the Slovenian system of civil law on the one hand and the European consumer acquis on the other hand. A numeber of weaknesses of Slovenian legislation were identified, stemming particularly from the sub-optimal nomotechnical transfer of European norms in Slovenian consumer legislation, as well as from the lacking case law. Consumer law has been rapidly developing and has been regulated in detail both at the European Union level as well as in the Member States' legislation. Slovenian legal theory and legal practice had so far not dealt with these issues adequately and with enough caution. Only a couple of scientific articles on various selected legal issues of consumer protection were available. This project significantly rectifies this shortage as its results are reflected in the research group members' publications in legal journals as well as in the production of the first scientific monograph devoted exclusively to the examination of Slovenian and EU consumer legislation. This will allow direct application of the newly generated knowledge by users in practice. The research results were also presented to the professional and the general public at the seminar and an international scientific conference on consumer protection issues that were held at the Law Faculty of the University in Ljubljana in October 2015 and June 2016.
Significance for the country
Direct impact of the research project for the economy and the society is demonstrated by the fact that the results obtained by the methods of scientific research will serve as a professional basis for the preparation of a reform of Slovenian consumer legislation. Amending and upgrading of Slovenian consumer legislation will go hand in hand with the evolving European consumer acquis. It would also be advisable to amend the current legislation with the view to eliminating the detected flaws and inconsistencies therein, particularly regarding the relationship between consumer legislation and the general rules of the law of obligations. The enhanced legislation will improve the legal position of consumers; clearer legal provisions will also advance the legal certainty of undertaking, allowing them to enter the consumer market without exposing themselves to unnecessary legal risks which may currently arise from the unclear and schysofrenic set of rules. The findings of the research project can also serve as expert guidance for representatives of the Republic of Slovenia in various institutions and other bodies of the European Union in the processes of adopting new European consumer legislation. The scientific monograph on Slovenian and European consumer legislation produced within the research project can be directly applied by consumers and consumer organizations, by businesses and by the courts and lawyers, as it will help clarifying the parties' rights and obligations in different B2C relationships. Indirect impact of the project for society is reflected in the fact that the results of research, in particular the published monograph, will contribute to the increase of legal certainty and security in the protection of consumers' rights in Slovenia. Analysis of the interaction of legal rules of Consumer Protection Act (and further specific consumer legislation) and the Code of Obligations, and of the possibilities for their improvement provide answers that will enable faster settling of disputes that can arise in business and legal practice. A clear legal position of consumers, clear and consistent substance of consumers' and undertakings' rights and obligations is not only relevant for consumers themselves, but also for companies that do business with consumers as they need to adapt their activities to the requirements of consumer legislation. Unclear regulatory requirements thus increase the costs of doing business and foster inefficient and time- as well as cost-consuming resolution of disputes and overburden unnecessarily the courts and other instances enrolled in consumer protection activities. Additionally, the objectives of increased legal security and reliability will be strengthened by the reform of Slovenian consumer legislation which should be undertaken (and is recommended) on the basis of the findings of the research project.
Most important scientific results
Annual report
2014,
2015,
final report
Most important socioeconomically and culturally relevant results
Annual report
2014,
2015,
final report
