The Overlapping Jurisdictions in Consumer Issues in Albania and the Challenges Towards an Effective Protection. The Role of Consumer Protection Commission
The Overlapping Jurisdictions in Consumer Issues in Albania and the Challenges Towards an Effective Protection. The Role of Consumer Protection Commission

Author(s): Ersida Teliti
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Governance, Public Administration, Law on Economics, EU-Legislation, Administrative Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: consumer protection; overlapping jurisdiction; Consumer Protection Commission; collective interests
Summary/Abstract: The obligation of the Albanian State to protect consumers emerged after the 1990s. The signing and implementation of the Stabilization and Association Agreement (SAA) required the state to establish a comprehensive legal framework for consumer protection. Albania has implemented a decentralized model of consumer protection, where responsibilities are distributed across various ministries, authorities and agencies. This article seeks to examine the overlapping jurisdictions of public institutions in matters relating to the collective interests of consumers. The absence of coordinated action between these institutions in addressing consumer protection issues diminishes the efficacy of public safeguards, as each institution tends to prioritize its own legal framework and policy objectives, rather than adopting a unified approach. The Consumer Protection Commission functions under the Ministry responsible for trade, so its autonomy and effectiveness in decision-making are significantly constrained. For an extended period, the Commission has operated below its full capacity and has been hindered by a chronic shortage of human resources. In the context of ongoing legislative reforms driven by European integration, this article advocates the establishment of a consumer protection institution modeled as an independent authority, such as a Consumer Protection Authority/ Commissioner or Ombudsman. Such an institutional model would effectively address the existing issues related to the fragmentation of competencies, insufficient inspection mechanisms, limited human resources, and the lack of systematic price monitoring. By consolidating these functions under a unified, independent body, it would ensure more comprehensive and efficient consumer protection, aligning with European standards and enhancing the state's ability to safeguard consumer rights.

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