Propunere de lege ferenda privind reglementarea informării consumatorilor asupra prestatorilor de servicii funerare
De lege ferenda proposal on the regulation of information of the consumers about the funeral service providers
Author(s): Silviu-Dorin ȘchiopuSubject(s): Civil Law, EU-Legislation, Administrative Law
Published by: Uniunea Juriștilor din România
Keywords: funeral services; information accessible through a website; informed choice; legal certainty; legitimate expectation;
Summary/Abstract: On the one hand, Public Health Directorates must display on their website the list of authorized funeral service providers. On the other hand, the local city councils have to do the same with the list of approved ones. However, the funeral service providers can carry out the specific activities only after obtaining both the sanitary authorization and the approval of the local city council. Also, one of the objectives pursued by the Services Directive (Directive 2006/123/EC) is for recipients of services to have easy access to certain types of information, e.g. through a website, to increase transparency and information for consumers. This article argues that the information offered to consumers on funeral services providers is not clear, nor unambiguous, as there are two separate lists of which only one contains the providers who are legally allowed to carry out the specific activities. The main conclusion is that, for reasons of legal certainty, the legislator should intervene so that only one list is displayed and, for each provider, specify which services they can perform. The latter requirement comes from the fact that Law No 102/2014 on cemeteries, human crematoriums and funeral services provides that some funeral services can be done separately.
Journal: Revista „Dreptul”
- Issue Year: 2023
- Issue No: 04
- Page Range: 81-89
- Page Count: 9
- Language: Romanian
- Content File-PDF