Abstract
Directive 2005/29/EC aimed at approximating the laws of the Member States on unfair commercial practices, including unfair advertising, which directly harm consumers’ economic interests. Romania's accession to the European Union on January 1, 2007 imposed the necessity to implement this directive in the national law. If implementation in the other EU countries has raised a number of difficulties in correlating internal regulations, in the case of Romania, a country where market economy mechanisms were still in progress, the implementation was achieved directly by taking over ad litteram the majority of the provisions contained in the Community regulation. We have shown in the present study that this is a constant practice of the Romanian legislator and we have tried to identify the advantages and disadvantages of this law making process. Moreover, even this servile takeover of the text of the Directive into the domestic law was not without inaccuracies, which were corrected by subsequent regulations. We have also tried to identify the novelty elements brought by the national legislator as well as the manner in which this regulation fits into the Romanian consumer protection system.
Highlights
As a result of Romania's accession to the European Union on January 1, 2007, the correlative obligation to implement EU directives in the national legislation has intervened
Directive 2005/29/EC aimed at approximating the laws of the Member States on unfair commercial practices, including unfair advertising, which directly harm consumers’ economic interests
We have tried to identify the novelty elements brought by the national legislator as well as the manner in which this regulation fits into the Romanian consumer protection system
Summary
As a result of Romania's accession to the European Union on January 1, 2007, the correlative obligation to implement EU directives in the national legislation has intervened. 363 of 21 December 2007 on fighting unfair business-to-consumer commercial practices and harmonizing the regulations with the European consumer protection legislation[4] This regulation has undergone several amendments over time. This study aims to identify some difficulties in the implementation of Directive 2005/29/EC in the national laws of the Member States and whether these difficulties have been overcome by the Romanian legislator. As it is known, the Directive contains general provisions on "misleading practices" (which are classified as "misleading actions" and "misleading omissions") and "aggressive practices"; as a general regulation, the directive refers to practices used for attracting customers that "are contrary to the requirements of professional diligence"[5]. The implementation of the Directive was carried out on an empty regulatory space and under these conditions the Romanian legislator was able to transpose the Directive into law by almost taking over its entire text
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