Level Of Consumer Protection Research Articles

Poker in light of the Gambling Act and European Union regulations

The authors of the paper undertook an analysis of the regulations on the organization of a poker game under the Gambling Act. The main subject of the analysis revolves around the question to what extent state authorities should monitor and restrict the activity of poker players. The scope of the statutory restrictions on arranging and participating in poker games depends on the culture of perception of gambling in a given country. Assigning poker to the appropriate regulatory category, either as a gambling activity carrying the highest social risks in terms of public health or safety, or as a game primarily for entertainment, is by no means obvious and depends on determining such factors as the purpose of organizing the poker game and the manner in which it is played, i.e. whether players are playing against a casino or against each other. The regulatory differentiation depending on the variety of poker games is the result of years of efforts by national legislators and the jurisprudence to define and categorize the game correctly. The article cites the jurisprudence of the Constitutional Court justifying the formal and material prerequisites of the existing restrictions on the gambling services market. The authors also relied on the extensive body of case law of the Court of Justice of the European Union explicating the permissibility of restrictions on freedom of establishment and freedom to provide services in the sphere of gambling. The conclusions drawn from these reflections confirm that the current provisions of the Polish Gambling Act are part of a consistent and systematic state policy aimed at ensuring the highest possible level of consumer protection, and the introduced restrictions are proportionate and necessary.

The Role of European Supervisory Authorities in Consumer Protection Standard Setting on the Financial Services Market – Based on the Example of the European Banking Authority

The purpose of the article is to present the genesis of the emergence and the scope of powers of the European Supervisory Authorities (ESAs) (the EBA, ESMA, and EIOPA), with particular reference to the EBA as regards the building of its supervisory normative standard and the protection of the consumer of financial services. The authors will propose de lege ferenda postulates which, in their view, would allow for an improvement in the quality of the financial services offered to consumers and ensure a higher level of protection of their interests and, at the same time, legal certainty for their providers. Increasingly sophisticated and complex financial products cause interpretation difficulties for both the courts and consumer protection authorities, but above all for consumers themselves, which consequently poses a challenge for both sides of the market (supply and demand). It is also a challenge for the post-crisis ESAs as the EU bodies not only designated to monitor and manage both the stability and security of the financial market, along with the actual level of consumer protection within it. In the preparation of the article, the legal-dogmatic and legal-theoretical method, which is standard for such studies, was applied, which allows for an analysis of the provisions of EU law and the identification of the norms stemming from them using interpretation and the assessment of the content of the provisions through the prism of the principle of consumer protection from Articles 12 and 169 TFEU and the EBAs’ competence provisions. Due to the fact that, in principle, the powers and competences of all three ESAs are analogous and only differ in terms of the scope of their application (i.e., financial institutions operating in the relevant financial market sectors – banking, insurance, and pension and investment), the authors will present their considerations with reference to the European Banking Authority (EBA), which is an exemplification of the powers of the other supervisory authorities. Thus, the secondary piece of EU legislation to be considered in this article will be the Council and European Parliament Regulation, hereinafter known as “EBA Regulation” and the actions taken by the EBA on that basis.

E-commerce in food products in the EAEU member states: a sociological aspect

An initial testing of the developed sociological research methodology was carried out, aimed at assessing the level of consumer protection in the EAEU member states, including in the implementation of electronic commerce. Primary results are presented that reveal the behavior of consumers purchasing food products in online stores, as well as consumers’ assessment of the quality of e-commerce services.

The 2022 European Union report on pesticide residues in food.

Under European Union legislation (Article 32, Regulation (EC) No 396/2005), the European Food Safety Authority provides an annual report assessing the pesticide residue levels in foods on the European market. In 2022, 96.3% of the overall 110,829 samples analysed fell below the maximum residue level (MRL), 3.7% exceeded this level, of which 2.2% were non-compliant, i.e. results in a given sample exceeded the MRL after taking into account the measurement uncertainty. For the EU-coordinated multiannual control programme subset, 11,727 samples were analysed of which 0.9% were non-compliant. To assess acute and chronic risk to consumer health, dietary exposure to pesticide residues was estimated and compared with available health-based guidance values (HBGV). Continuation of the probabilistic assessment methodology was consolidated to all pesticides listed in the 2022 EU Regulation providing the probability of a consumer being exposed to an exceedance of the HBGV. Overall, the assessed risk to EU consumer's health is low. Recommendations to risk managers are given to increase the effectiveness of European control systems and to ensure a high level of consumer protection throughout the EU.

OUT-OF-COURT RESOLUTION OF CONSUMER DISPUTES UNDER THE EUROPEAN UNION LAW

The subject of the article is an analysis of out-of-court methods of resolving consumer disputes in European Union law. They constitute a procedural guarantee of the implementation of consumers’ right to a high level of protection, guaranteed in Art. 38 of the Charter of Fundamental Rights of the European Union. The article describes Directive 2013/11/EU on alternative dispute resolution for consumer disputes. The principles of its implementation in European Union countries are also presented. Also addressed by the analysis is the latest proposal to amend the ADR Directive presented by the European Commission. According to the author, Directive 2013/11/EU has fulfilled its role as the foundation of the consumer rights protection system in the European Union. However, with the development of services on the internet, consumers are exposed to new threats. The proposal to modify the ADR Directive presented by the European Commission is a step aimed at increasing the level of consumer protection.

REALIZATION OF THE RIGHT TO ENSURE A HIGH LEVEL OF CONSUMER PROTECTION IN THE EUROPEAN UNION

The subject of the article is the realization of the right to ensure a high level of consumer protection in the European Union. The basis for constructing this law is Art. 38 of the Charter of Fundamental Rights of the European Union, the provisions of the Treaty on the Functioning of the European Union and EU directives defining the subject of consumer law. The article discusses the normative basis for the protection of consumer rights in European Union law. Selected standards of consumer rights protection in the case law of the Court of Justice of the European Union were discussed, too. The article also discusses the role of European Union consumer law in realization of the right to consumer protection in the Republic of Poland. According to the author Art. 76 of the Constitution of the Republic of Poland does not provide grounds for constructing a subjective right to ensure a high level of consumer protection. Therefore, the provisions of European Union law and the case law of the Court of Justice of the European Union are of key importance.

LEGAL PROTECTION FOR CONSUMERS IN ONLINE BUYING AND BUYING TRANSACTIONS OF GOODS THAT ARE NOT IN ACCORDANCE WITH THOSE OFFERED THROUGH THE LAZADA APPLICATION REVIEWED FROM AN ISLAMIC LEGAL PERSPECTIVE

Consumer protection refers to the various measures put in place to ensure that consumers are provided with legal certainty and safeguarded from potential harm. In the context of Indonesia, consumer protection specifically pertains to online buying and selling transactions conducted through the Lazada application. These transactions involve goods that do not align with what is advertised on the platform, and are governed by the provisions outlined in Article 9 of Law Number 19 of 2016 concerning Information and Electronic Transactions. The objective of this study is to examine how consumer protection measures can be applied within the framework of Islamic law to address the issue of inappropriate goods being sold on the Lazada application. Additionally, the research aims to identify the factors contributing to consumer protection concerns in this context, as well as explore the various efforts undertaken to protect consumers when making purchases through the Lazada application. To achieve these goals, a qualitative research approach will be adopted, employing a descriptive analytical methodology and utilizing primary legal, secondary legal, and tertiary legal data sources.The findings of this study suggest that the level of consumer protection offered in online transactions for buying and selling goods through the Lazada application does not align with Islamic legal principles. Specifically, it fails to adequately consider the seller's credibility, the quality of the goods being sold, and the overall permissibility of the transaction according to Islamic law, unless there is a specific prohibition. This lack of attention to these factors can potentially expose consumers to misleading information and harm. Additionally, there are several factors and challenges that hinder the protection of consumers when using the Lazada application for shopping. These include difficulties in comparing products, navigating the shopping process, and locating specific items. Ultimately, customer complaints play a significant role in expressing dissatisfaction with the goods or services provided by the company and may cause customers to perceive online shopping on the Lazada application as ineffective.

Incorrect Commercial Practices Regarding Consumer Information

The exercise of commercial activity requires the fulfillment of specific obligations, starting with the fulfillment of registration formalities in the Trade Register, the exercise of trade within the limits of lawful competition, as well as the protection against unfair practices in the relationship with consumers. Regarding unfair practices, the legislator issued specific rules that aim to balance the operation of the market, by promoting a high level of consumer protection, with the prohibition of those commercial practices that affect the economic interests of consumers. The article analyzes deceptive commercial practices, the relevant regulations, with reference to the specific jurisprudence.

The 2021 European Union report on pesticide residues in food.

Under European Union legislation (Article 32, Regulation (EC) No 396/2005), EFSA is to provide an annual report assessing the pesticide residue levels in foods on the European market. In 2021, 96.1% of the overall 87,863 samples analysed fell below the maximum residue level (MRL), 3.9% exceeded this level, of which 2.5% were non-compliant, i.e. samples exceeding the MRL after accounting for the measurement uncertainty. For the EU-coordinated multiannual control programme subset, 13,845 samples were analysed of which 2.1% exceeded the MRL and 1.3% were non-compliant. To assess acute and chronic risk to consumer health, dietary exposure to pesticide residues was estimated and compared with available health-based guidance values (HBGVs). A new pilot methodology based on probabilistic assessment was introduced to provide the probability of subjects being expose to an exceedance of the HBGV. Recommendations to risk manager are given to increase the effectiveness of European control systems and to ensure a high level of consumer protection throughout the EU.

Zaštita kolektivnog interesa potrošača

Unlike individual protection, which is realized within the framework of procedures initiated by consumers themselves, collective protection of consumer interests is achieved indirectly, with the assistance of the so-called qualified subjects, who submit claims on behalf of consumers. In situations where, due to the modern way of life, the risk of a large number of people suffering damage due to the same unlawful actions has increased manifold, the collective protection of consumer interests gains importance. This is the reason why Directive 2020/1828 was adopted, as it aims to increase the level of consumer protection in a qualitatively new way, compared to previous solutions. With reference to the existing solutions on collective protection, which are contained in the Law on Consumer Protection, the article primarily analyses the provisions of the Directive 2020/1828 related to: legal framework for the application of the rules, particularly those that indicate the specifics of collective protection; provisions on qualified subjects; provisions on measures for the collective protection of consumer interests.

Pan-European regimes: A pathway to mitigate lack of trust and complexity in insurance

Over past years the insurance market has pursued a consistent and integrated approach in order to address well-known problems such as the overall complexity of insurance products, the lack of consumer confidence and, consequently, the detachment from, and reduced feeling of loyalty towards, insurers. Regulators across different sectors globally are turning to increasingly innovative approaches to disclosure and have placed greater focus on regulating product design. Yet, in the area of EU insurance services regulation, these approaches have not been implemented effectively. Most insurance products remain highly complex for average EU consumers. Hence, it is time to reflect the digital zeitgeist in EU disclosure and distribution rules, and to achieve the maximum level of consumer protection and facilitate the single market in the digital world. Consumer-centric product design, digital distribution and disclosures will help meet consumers' expectations, facilitate understanding of the financial market and support a sufficiently high and consistent level of consumer protection throughout Europe. A regulatory Pan-European regime has the potential to cut through regulatory challenges and build trust in cross-border financial services, contributing to the Capital Market Union objectives. It facilitates the use of digitalisation and provides a strong basis for supervision, which will foster trust and confidence in European citizens. European coordination will allow the EU to compete at international level, and enable European consumers to reap the benefits of the single market.

EUROPEAN MODEL OF LEGAL REGULATION OF COMPETITION: IMPACT OF ORDOLIBERALISM

Article is devoted to the analysis of theoretically and practical aspects of human rights protection mechanisms in cases of violations of competition into the EU. It was determined that the right to fair competition has economic as well as social aspect. The basics of competition protection on the EU level (covered in Articles 101 and 102 TFEU) were rooted from the doctrine of ordoliberalism. The social aspect of the right to fair competition shows consumers the right to receive fair benefits to the domestic market by staying in the equal access to the goods and / or services. The Charter of Fundamental Rights, which, according to the Treaty of Lisbon, is one of the fundamental documents of the EU, confirms this social dimension of the right to fair competition. Article 38 of the Charter states that “the Union’s policies ensured a high level of consumer protection.” This means that one of the objectives of EU competition policy is to protect consumer rights. It should be noted that in almost all cases concerning violations committed by the subjects of competition law, the EU Court of Justice deviated from the issue of the protection of human rights. CJEU jurisprudence in the field of human right violations in competition sphere & the ECHR practice in cases concerning violations of competition (specifically Menarini case) was researched. This case demonstrates the immediate relevance of fundamental rights to EU competition law enforcement.

Wpływ dyrektyw 2019/770 oraz 2019/771 na poziom ochrony konsumenta w ramach reżimu rękojmi w prawie polskim

Legislative changes introduced during the transposition of Directives 2019/770 and 2019/771 affected the level of consumer protection in Polish law in different ways. Regulating contracts for the supply of digital content and services, introducing new criteria for compliance with the contract, expressly requiring a qualified consensus if the subject of the contract is defined as deviating from the standard, addressing the issue of update, legal defects, partial withdrawal from the contract, and the possibility of withholding payment of the price until fulfillment of obligations due to non-compliance of the item with the contract improved consumers’ protection. In contrast, introducing a hierarchy of remedies for non-conformity of sold goods and the obligation to take into account the need to promote more sustainable consumption and circular economy when interpreting the provisions transposing Directive 2019/771 have a negative impact on consumer legal position. Finally, chosen manner of transposition lead to the fragmentation of the system of liability for non-conformity with the sales contract and further fragmentation of the regulation of contracts for the supply of digital content and services.

Analytical Approaches in Official Food Safety Control: An LC-Orbitrap-HRMS Screening Method for the Multiresidue Determination of Antibiotics in Cow, Sheep, and Goat Milk.

The presence of unauthorized substances, such as residues of veterinary medicines or chemical contaminants, in food can represent a possible health concern. For this reason, a complete legislative framework has been established in the European Union (EU), which defines the maximum limits allowed in food and carries out surveillance programs to control the presence of these substances. Official food control laboratories, in order to ensure a high level of consumer protection, must respond to the challenge of improving and harmonizing the performance of the analytical methods used for the analysis of residues of authorized, unauthorized, or prohibited pharmacologically active substances. Laboratories must also consider the state of the art of the analytical methodologies and the performance requirements of current legislation. The aim of this work was to develop a multiresidue method for the determination of antibiotics in milk, compliant with the criteria and procedures established by Commission Implementing Regulation (EU) 2021/808. The method uses an LC-Orbitrap-HRMS for the determination of 57 molecules of antibiotic and active antibacterial substances belonging to different chemical classes (beta-lactams, tetracyclines, sulfonamides, quinolones, pleuromutilins, macrolides, and lincosamides) in bovine, ovine, and goat milk samples. It provides a simple and quick sample pretreatment and a subsequent identification phase of analytes, at concentrations equal to or lower than the maximum residual limit (MRL), in compliance with Commission Regulation (EU) 2010/37. The validation parameters: selectivity, stability, applicability, and detection capability (ccβ), are in agreement with the requirements of Commission Implementing Regulation (EU) 2021/808 and demonstrated the effectiveness of the method in detecting veterinary drug residues at the target screening concentration (at the MRL level or below), with a false positive rate of less than 5%. This method represents an effective solution for detecting antibiotics in milk, which can be successfully applied in routine analyses for official food control plans.

Crypto payments – a danger to consumer protection?

ABSTRACT The original intended function of bitcoin was as a means of payment, but this has turned out to be just one utility of the underlying technology – cryptography. This article goes back to the initial purpose, the means of payment in cryptocurrencies, and examines the problems arising for consumers when paying in crypto. Problems covering execution of payments, liability and the missing issuer of cryptocurrencies, and the volatility of cryptocurrencies and inherent systemic risks will be examined in relation to the MiCA Regulation. This enables a discussion on possible regulatory solutions to protect consumers paying with cryptocurrencies. The paper concludes that the MiCA Regulation does not sufficiently protect consumers in this aspect but proposes an alternative solution to secure appropriate levels of consumer protection.

A food revolution – cultivated meat

A food revolution – cultivated meat

The Consumer Benchmark, Vulnerability, and the Contract Terms Transparency: A Plea for Reconsideration

Abstract Transparency counts amid the most typical and inherent elements of the current consumer protection toolbox in EU law. For a long time, the exact premises of this requirement have been understood in a standardized way, taking the concept of an average consumer as the benchmark. The case of 93/13/EEC Directive (UCTD) is particularly striking in this regard. The necessary connection between the average consumer and transparency comes almost without saying in both the CJEU case law, and in the scholarship provisions on the UCTD. However, Articles 4(2) and 5 of the UCTD merely refer to a consumer. The focus on the average consumer therefore reduces the scope of application suggested by the plain meaning of these provisions. The article takes a critical stance towards the communis opinio that there is a necessary connection between the average consumer and transparency in the UCTD. Relying on both legal and economic reasons, the paper supports a twofold claim: (1) The system of EU law requires, sometimes, to assess the transparency of a term from the perspective of vulnerable consumers. (2) This more demanding standard shall be used when the average consumers operating on the market do not offer herd protection to the vulnerable consumers. The article shows that the communis opinio rests on a faulty assumption, namely that vulnerable consumers are protected when core terms are transparent for the average consumer. The article shows that this is not the case under common circumstances. Demanding core terms to be transparent for the vulnerable consumer in those circumstances contributes to reaching a high level of consumer protection.

Pesticide residues in food in the European Union: Analysis of notifications in the European Rapid Alert System for Food and Feed from 2002 to 2020

The European Union (EU) has one of the strictest pesticide policies. As one component of the regulatory framework, Regulation (EC) No 396/2005 sets harmonised maximum residue levels for pesticide residues in food and feed in the European Union to ensure high levels of consumer protection. Under certain circumstances, a notification in the Rapid Alert System for Food and Feed (RASFF) is released for pesticide residues exceeding a specific or a default maximum limit. Despite being a major food hazard in the European Union, no detailed analysis of notifications on pesticide residues over a longer period is available to date. Thus, an analysis of notifications on pesticide residues in food submitted in the RASFF between 2002 and 2020 was conducted. A total of 5211 notifications, including 15.8% alert notifications, 36.5% information notifications and 47.8% border rejections, were analysed with a focus on concerned products, causative pesticides and involved countries of origin. The notifications often concerned vegetables (53.8%) and fruits, tree nuts (24.2%) and reported a total of 7413 residues involving 251 pesticides in products mainly originating from third countries (82.4%), with multiple residues in 22.0% of notifications. Overall, the notifications on pesticide residues in food appear to be linked to the regulatory framework and selected risk management measures. While import controls and border rejections appear to be an effective means of protecting European consumers from non-compliant and potentially harmful products from third countries, the problem of unauthorised pesticide residues in products from EU/EFTA countries and of products not available at the time of publication in the RASFF might require further measures for food safety in the European single market. • An analysis of RASFF notifications on pesticide residues in food was conducted. • 5211 notifications on pesticide residues were released from 2002 to 2020. • The notifications often concerned vegetables (53.8%) or fruits/tree nuts (24.2%). • 7413 residues of 251 pesticides were reported, often as multiple residues. • Products from third countries were involved in 82.4% of notifications.

Evaluation of specific import provisions for food products from third countries based on an analysis of RASFF notifications on pesticide residues

Maximum residue levels for pesticides in food and feed are an important part of the European pesticide policy. The Annual Reports summarising the results of official controls on pesticide residues in food indicate low rates of non-compliance and a correspondingly high level of food safety in the European Union (EU). However, products from third countries have received particular attention in recent years due to more frequent exceedances of maximum limits. To ensure high levels of consumer protection in the EU, Regulation (EC) No 396/2005 on pesticide residues in food and feed enables emergency measures for products from third countries in accordance with General Food Law. Consequently, specific import provisions for certain products from third countries were first introduced by Commission Regulation (EC) No 669/2009 and later repealed by Commission Implementing Regulation (EU) 2019/1793. Based on legal references to the European Rapid Alert System for Food and Feed (RASFF), an influence of the emergency measures on the notifications submitted in the RASFF has been expected. To investigate the effectiveness of the risk management measures and to identify potential need for improvement, 5211 notifications on pesticide residues in food submitted in the RASFF between 2002 and 2020 were analysed in the context of the specific import provisions. The analysis reveals clear correlations between the notifications in the RASFF and the emergency measures, which are particularly evident in the large proportion of and the trend in border rejection notifications as well as in frequently concerned products and frequently involved countries of origin. The risk management measures appear to be effective for several products from third countries; however, a need for improvement was identified for sweet peppers/bell peppers and granate apples/pomegranates from Turkey as well as for teas from China. Furthermore, the adoption of risk management measures for rice from India should be considered. Overall, the analysis highlights past achievements of the specific import provisions, provides an outlook on future trends and illustrates the contribution of import controls and border rejections of non-compliant products to food safety in the EU. • RASFF notifications and emergency measures for imported food products were analysed. • The analysis shows correlations between notifications and risk management measures. • Concerned products and countries were often subject to special import conditions. • Special import provisions are effective for several products from third countries. • Need for improvement was identified for products from Turkey, China and India.

The 2020 European Union report on pesticide residues in food.

Under European Union legislation (Article 32, Regulation (EC) No 396/2005), the EFSA provides an annual report which examines pesticide residue levels in foods on the European market. This report is based on data from the official national control activities carried out by EU Member States, Iceland and Norway and includes a subset of data from the EU‐coordinated control programme, which uses a randomised sampling strategy. For 2020, 94.9% of the overall 88,141 samples analysed fell below the maximum residue level (MRL), 5.1% exceeded this level, of which 3.6% were non‐compliant, i.e. samples exceeding the MRL after taking the measurement uncertainty into account. For the subset of 12,077 samples analysed as part of the EU‐coordinated multiannual control programme, 1.7% exceeded the MRL and 0.9% were non‐compliant. To assess acute and chronic risk to consumer health, dietary exposure to pesticide residues was estimated and compared with health‐based guidance values. Dietary exposure to pesticides for which health‐based guidance values were available is unlikely to pose a risk to EU consumer health. In the rare cases where dietary exposure for a specific pesticide/product combination was calculated to exceed the health‐based guidance value, and for those pesticides for which no health‐based guidance value could be established, the competent authorities took appropriate and proportionate corrective measures to address potential risks to consumers. Recommendations are proposed to increase the effectiveness of European control systems, thereby continuing to ensure a high level of consumer protection throughout the EU.