Module 2 ‘Freedom of movement and consumer protection’, School of Consumer Protection and European Integration, 25-26 March 2022.

On 25-26 March, 2022 was held Module 2 for of the School of Consumer Protection and European Integration, component of the project ‘From Information to Action – Strengthening Organisations in Albania on Consumer Protection’, which is being implemented by the European Movement in Albania, in cooperation with the Academy of Political Studies and the Alert Centre, with financial support of the European Union in framework of IPA 2017 funds.

The first two sessions of this module were held by Endri Papajorgji, Dean of Faculty of Law, Tirana Business University who during the first session introduced the participants with the Basics Principles of European Private Law, where he highlighted the autonomous legal system created by the EU as one of the characteristics that differentiate the European Union from other organisations.  He also analysed the role of international agreements ratified in a country and the immediate effect on citizens after the ECJ decision (Van Gend & Loos) where ‘The principle of immediate effect of European Union law’ was created. Papajorgji further analysed the effect-utile of EU law, which is orientated on the interpretation of community law in the framework of objectives of the Treaty of EU(TEU). After the interpretation of Franchovich’s decision by the ECJ, Papajorgji introduced the participants to the horizontal application of EU law and the three conditions that must be met in order for the individuals to claim in cases of non-compliances with the Directives. Second session was focused on cases from the jurisprudence of the ECJ in the framework of four fundamental freedoms of the TEU. There were analysed cases where a national law foresees discriminations or limited effects on market implementation on the European market. For the purpose of analysis, ECJ decisions such as: Commission v. Germany (Reinheitsgebot für Bier, 1987), as well as Dassonville, 1974 were considered. Papajorgji continued his presentation by interpreting the legal consequences of fundamental freedoms violation and focused on the so-called “freedom of provider and buyer”. Papajorgji underlisted that according to the jurisprudence of ECJ, “freedom of the buyer” also means “freedom of the citizen”, also taking into consideration the protection of consumer rights. During this session were interpreted decisions of ECJ as: GB-INNO-BM 1900, Decker 1998 and Keck/MMithouard 1993. Papajorgji analyzed the free movement of goods and the prohibition of unfair competition based on decisions of ECJ such as: Pamiliapress 1997, Pfeiffer vs Löëa 1999. At the end of his analysis Papajorgji presented with examples the freedoms of services and persons and relied on interpretation of ECJ decisions such as: Gebhard 1995, Daily Mail 1988, Centros 1999, Überseering 2002, Cartesio Oktato 2008.

The third session of this module was held by Alma Bilali, GIZ Advisor, of the project Support of accepting negotiations on the economic chapters of acquis (SANECA). The lecturer treated the free movement of goods and consumer protection as an umbrella theme. The presentation was focused on three important aspects: EU principles and requirements, the obligations of Albania – current status of preparations for negotiations, and the challenges for the future.  Bilali highlighted the importance of free movement of goods for the EU and also the necessity of consumer protection. After a reflection of legal basis in the EU, Bilali analysed the harmonisation fields for non-food products, where it included the security requirements and the infrastructure of the quality. Real products were taken as an example and security elements were analysed together with the participants. Albania’s obligations and the status of the preparations where it reflected the progress in relation with the harmonisation of law (harmonised and non-harmonized areas) of this process was also discussed, highlighting the challenges posed by this process. A special attention was dedicated to the analyses of the European Commission Report for Albania, for 2021, on Chapter 1. Bilali concluded her presentation by describing the stages of the negotiations, how they are organised and what is expected to be negotiated.

The fourth session opened with a brief history of the establishment of the State Market Surveillance Inspectorate (STM), the purpose of the supervisory authority and the areas of inspection related to non-food safety. The session was held by Rezarta Rajta, Intellectual Property Sector, State Market Surveillance Inspectorate. Rajta introduced the participants to the legal framework of market surveillance for non-food products and intellectual property surveillance. As related to intellectual property, the lecturer analysed the cases when we are legally dealing with violations of IP, when the holders of this right can go to court and the sanctions provided by law. Rajta introduced the participants with the principles that guide the work of the inspection team as: the principle of proportionality, the principle of programming inspections, the principle of informing the public and protecting confidentiality, the principle of informing and advising. In conclusion, the participants became familiar with the rights and obligations of the subject of inspection and together analysed a practical case on registered trademarks of the Albanian Football Federation.

Altin Bozgo and Arber Habili from Albanian Customs Administrate held the fifth session of the second module on freedoms of movement and consumer protection. They presented the participants with the role of costume authorities in the movement of goods, the legal framework on which they operate (Customs Code, PC and Implementing Provisions of the PC) and then analysed the methodology of controls and risk management by the customs authorities. It was underlined the fact that controls can be performed whenever the authorities see it necessary relying mainly on risk analysis. In the following, the lecturers analysed the procedure that is followed for the goods that enter the territory of the Albanian Republic: filing of the summary declaration of entry (DPH), arrival of the goods, presentation of the goods, placing the goods under the temporary storage procedure. The presentation concluded with a detailed analysis of each step. The discussion focused mainly on practical cases how the customs authorities influence consumer protection through their daily activity.

The presentation of Evisi Kopliku, Expert at the Regional Cooperation Council (RCC), concluded the second module of the School for Consumer Protection and European Integration. She presented the 2021-2024 Regional Common Market action plan. Mrs. Kopliku gave a brief description of the Sofia Summit held in November 2020 and further underlined the necessity for cooperation within the Common Regional Market, not only based on the four fundamental freedoms (goods, persons, services, capital), but also on expanding the action plan in trade, digitalization, investment, industry and innovation.