Enforcement and Effectiveness of Consumer Law in Slovenia

Abstract

The purpose of this chapter is to provide a general picture of the enforcement of consumer law and the effectiveness of regulatory regime of consumer protection in Slovenia. Slovenia is an EU Member State since 2004 and a member of the OECD since 2010, thus, its national consumer policy embraces all objectives set by the EU consumer policy and the OECD policies. However, the effective framework does not suffice. Although our overall assessment of the legal framework for consumer protection in Slovenia is positive, some improvements are needed to enhance the level of the effective enforcement of consumer law in practice. Lengthy proceedings, both judicial and administrative, are the main obstacle on a consumer’s path to redress. Hence, non-judicial mechanisms of dispute resolution are gaining in importance. Moreover, there is a lack of adequate consumer awareness of their rights. The government has focused on consumer information and education as a means to ensure a high level of consumer protection in the existing national consumer policy. It has committed to enhancement of consumer rights awareness, in particular in the fields of consumer credit and the liability for defects. The government’s efforts to boost consumer awareness through education and information are welcome developments in this regard. Another striking obstacle to the effective enforcement of consumer law is an apparent systemic unfamiliarity with consumer law and the Court of Justice of the EU (CJEU)’s case law among legal practitioners. Thus, to achieve the effective enforcement of consumer law in practice both consumers and practitioners, also judges, need to become better acquainted with consumer protection law.