Problems Arising During The Implementation Of N2008 / 48 / EC European Directive

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Natia Kashibadze

Abstract

Since the Association Agreement, the countries have been obliged to implement a number of laws, and the implementation of the implementation in different ways has caused many problems and legislative differences. This paper discusses the problems arising during the implementation of the Directive of the European Parliament and Council N2008 / 48 / EC "On consumer credit agreements", both in Georgian and in other countries and in international law. The article presents the problems that have arisen during the development of the Directive and the international strategies that annually announce certain shortcomings and issue recommendations for solutions. In addition to international strategies, the Action Plan for European Integration of the Parliament of Georgia for 2018-2020 is discussed, according to which the problems are not only evident at the implementation stage, but also indicate a general malfunction of the executive structure and imperfect staff. The plan shows the low quality of compliance with international standards, and as for the directives, their novelty is clearly felt in the Georgian legislation and, therefore, it needs to amend a number of norms. It is noteworthy that legislative novelty is also problematic in practice, and we still find scarcely solutions where the dispute is resolved by consumer law. In addition to Georgian law, this problem is also mentioned in international practice, for example in relation to certain terms, which are given in a very broad definition in the Directive. In particular, their uncertainty leads to their own interpretation by states and judges, which ultimately leads to different practices. Such a difference is detrimental not only to the customer, who is not required to be aware of the essence of the norms, but also he can not understand how the dispute can be resolved and can not even understand what words can be used by the parties to the contract, obligations.

Keywords:
Implementations, User, Legislative distance, Consumer protection
Published: Dec 9, 2022

Article Details

Section
Law