CONSUMER PROTECTION IN THE CZECH REPUBLIC WHY TO PROTECT CONSUMER?

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Presentation transcript:

CONSUMER PROTECTION IN THE CZECH REPUBLIC WHY TO PROTECT CONSUMER?

HISTORY OF „CONSUMER PROTECTION“ IN THE REGION OF THE CZECH REPUBLIC OF THE CZECH REPUBLIC Official rules – law of obligation and public legal market protection Market and exchgange contract, property sale contract – towns/local regulations reeves and aldermen + gilds (1314 – gild of tailors) Price tarifs – after plague epidemy in 14th century 1579 – „Práva městská Království českého“ (Municipal Laws of the Bohemian Kingdom) - unified interpretation (until 1811) reeves and aldermen + gilds (1314 – gild of tailors) - (Municipal Laws of the Bohemian Kingdom) - unified interpretation (until 1811) reeves and aldermen + gilds (1314 – gild of tailors) - Cheating in Prague pubs – 139O – „official measuring instrument – Seidel - 0,48 l (0,33 l – Moravian) Cheating in the 16th century – salt mixed with lime, salmon coloured with blood Cheating in the 16th century – salt mixed with lime, salmon coloured with blood Chopped hand, Chopped hand,

Franz Josef I. - The Trades Licensing Act Franz Josef I. - The Trades Licensing Act Basic rules and rights of tradesmen designation of business premises, hygiene assurance, pricing…. Basic rules and rights of tradesmen designation of business premises, hygiene assurance, pricing…. punishment or penalties – shut of premises, goofs confiscation… punishment or penalties – shut of premises, goofs confiscation… valid until 1965 valid until 1965 Penal Code shorter and smaller volumes, scales… = crime; incorrect price or product features cheating = penal offence Penal Code shorter and smaller volumes, scales… = crime; incorrect price or product features cheating = penal offence General Civil Code – (1786) – 1860 – sales contracts, loss conpensation - valid until 1950 General Civil Code – (1786) – 1860 – sales contracts, loss conpensation - valid until special codes, e.g. Foodstuffs trade code (1897), Wine code (1907), production and circulation of foodstuffs, pedlary code (1852), business swinndling code (1918) and unfair competition code (1927) – deceptive advertising, fallacious goods origin labeling etc. + special codes, e.g. Foodstuffs trade code (1897), Wine code (1907), production and circulation of foodstuffs, pedlary code (1852), business swinndling code (1918) and unfair competition code (1927) – deceptive advertising, fallacious goods origin labeling etc Czech Commercial Inspection 1958 Agriculture and food inspection authority 1952 Czech Commercial Inspection 1958 Agriculture and food inspection authority 1949 – Internal Trade Code (valid untill 1990) 1949 – Internal Trade Code (valid untill 1990)

CONSUMER´S RIGHTS Czech (oslovak) republic – 1945 – constituent member of the UNO Czech (oslovak) republic – 1945 – constituent member of the UNO 1962 President John F. Kennedy 4 basic consumer rights „Special Message on Consumer Interests“: 1962 President John F. Kennedy 4 basic consumer rights „Special Message on Consumer Interests“: the right to safety the right to safety the right to be informed the right to be informed the right to choose the right to choose the right to be heard the right to be heard 1985 – UN Guidlines for consumer protection: The right to satisfaction of basic needs - To have access to basic, essential goods and services: adequate food, clothing, shelter, health care, education, public utilities, water and sanitation. The right to satisfaction of basic needs - To have access to basic, essential goods and services: adequate food, clothing, shelter, health care, education, public utilities, water and sanitation. The right to safety - To be protected against products, production processes and services which are hazardous to health or life. The right to safety - To be protected against products, production processes and services which are hazardous to health or life. The right to be informed - To be given the facts needed to make an informed choice, and to be protected against dishonest or misleading advertising and labelling. The right to be informed - To be given the facts needed to make an informed choice, and to be protected against dishonest or misleading advertising and labelling. The right to choose - To be able to select from a range of products and services, offered at competitive prices with an assurance of satisfactory quality. The right to choose - To be able to select from a range of products and services, offered at competitive prices with an assurance of satisfactory quality.

The right to be heard - To have consumer interests represented in the making and execution of government policy, and in the development of products and services. The right to be heard - To have consumer interests represented in the making and execution of government policy, and in the development of products and services. The right to redress - To receive a fair settlement of just claims, including compensation for misrepresentation, shoddy goods or unsatisfactory services. The right to redress - To receive a fair settlement of just claims, including compensation for misrepresentation, shoddy goods or unsatisfactory services. The right to consumer education - To acquire knowledge and skills needed to make informed, confident choices about goods and services, while being aware of basic consumer rights and responsibilities and how to act on them. The right to consumer education - To acquire knowledge and skills needed to make informed, confident choices about goods and services, while being aware of basic consumer rights and responsibilities and how to act on them. The right to a healthy environment -To live and work in an environment which is non-threatening to the well-being of present and future generations. The right to a healthy environment -To live and work in an environment which is non-threatening to the well-being of present and future generations. The EU rights – the same The EU rights – the same

SYSTEM OF CONSUMER PROTECTION IN THE CZECH REPUBLIC CONSUMER HIM/HERSELF CONSUMER HIM/HERSELF GOVERNMENT: GOVERNMENT: decisions of government: decisions of government: aims and policy aims and policy legislation (Czech and EU) legislation (Czech and EU) activities of ministeries activities of ministeries GOVERNMENTAL ORGANIZATIONS GOVERNMENTAL ORGANIZATIONS NONGOVERNMENTAL COMPANIES(ORGANIZATIONS) NONGOVERNMENTAL COMPANIES(ORGANIZATIONS) CONSUMER ORGANIZATIONS (cca 12/2007) CONSUMER ORGANIZATIONS (cca 12/2007) MEDIA MEDIA

CONSUMER HIM/HERSELF - information, knowledge, CONSUMER HIM/HERSELF - information, knowledge, assertivity assertivity MEDIA ( TV, radio, newspapers, magazines, internet…) MEDIA ( TV, radio, newspapers, magazines, internet…) GOVERNMENT Parliament and Senate GOVERNMENT Parliament and Senate aims and policy: aims and policy: „Program declaration of the government“ „Program declaration of the government“ „Consumer Protection Policy Concept for 2006 – 2010“ „Consumer Protection Policy Concept for 2006 – 2010“ consumer rights to : the protection of health and safety the protection of economic interests the protection of economic interests compensation compensation information and education information and education representation in the handling of claims representation in the handling of claims form and join the consumer protection organizations form and join the consumer protection organizations relevant choice in relation to the environmental and relevant choice in relation to the environmental and social impacts of consumption social impacts of consumption

Czech ministeries: Czech ministeries: Ministery of Industry and trade protection Ministery of Industry and trade protection protection protection Ministery of Agriculture Ministery of Agriculture Ministery of Health Ministery of Health Ministery of Finance – credits, insurance Ministery of Finance – credits, insurance Ministery of Informatics Ministery of Informatics Ministery of the Environment Ministery of the Environment Ministery for Regional Development Ministery for Regional Development

LEGISLATION: LEGISLATION: Act. No. 40/1964 Coll. Civil Code Act. No. 40/1964 Coll. Civil Code Act No. 513/1990 Coll. Commercial Code Act No. 513/1990 Coll. Commercial Code Act No. 634/1992 Coll. Consumer Protection Act Act No. 634/1992 Coll. Consumer Protection Act Act No. 102/2001 Coll on General Product Safety Act No. 102/2001 Coll on General Product Safety Act No. 59/1998 Coll Liability for Damage Caused Act No. 59/1998 Coll Liability for Damage Caused by the Defective Goods by the Defective Goods Act 321/ Consumer Credit Act Act 321/ Consumer Credit Act

GOVERNMENTAL ORGANIZATIONS GOVERNMENTAL ORGANIZATIONS - supervisory bodies and other: - supervisory bodies and other: Czech Trade Inspectorate Czech Trade Inspectorate State Agriculture and Food Inspection Authority State Agriculture and Food Inspection Authority Institute of agricultural and food information Institute of agricultural and food information National Institute of public health National Institute of public health Hygienic stations Hygienic stations State Veterinary Administration State Veterinary Administration State Institute for Drug Control State Institute for Drug Control Assay Office Assay Office Czech Metrological Institue Czech Metrological Institue

CONSUMER ORGANIZATIONS CONSUMER ORGANIZATIONS Consumer.cz Consumer.cz Consumers Defence Association Consumers Defence Association Czech Consumers Association Czech Consumers Association Consumer Consulting and Information Service Consumer Consulting and Information Service Econnect Econnect NONGOVERNMENTAL ORGANIZATIONS NONGOVERNMENTAL ORGANIZATIONS Czech society for quality Czech society for quality