ŠTA DONOSI NOVI PRIJEDLOG DIREKTIVE EVROPSKOG PARLAMENTA I VIJEĆA O ODGOVORNOSTI ZA NEISPRAVNE PROIZVODE I ŠTA TO ZNAČI ZA BOSNU I HERCEGOVINU?
WHAT′S NEW IN THE NEW PROPOSAL FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL ON LIABILITY FOR DEFECTIVE PRODUCTS AND WHAT DOES IT MEAN FOR BOSNIA AND HERZEGOVINA?

Summary/Abstract: On September 28, 2022, the European Commission published a Proposal for a Directive of the European Parliament and the Council on liability for defective products and repealing Directive 85/374/EEC (Proposal). This Proposal is an attempt to respond to the challenges of the digital age through the revision of the current Directive on Liability for Defective Products (Directive), adopted back in 1985. The proposal brings a number of novelties, from expanding the concept of product and the circle of responsible entities, easing the consumer’s burden of proof, up to promoting the circular economy, i.e. extending the life of certain products and regulating the right to compensation for damage caused by products manufactured outside the European Union. In the first part of the paper, the author critically analyzes the proposed new solutions by comparing the regulations contained in the Directive and the Proposal. The second part of the paper contains a review of the existing legislation of Bosnia and Herzegovina from the point of view of its necessary revision, taking into account the need for some of the solutions of the Proposal in the existing text (September 2023) to be amended and supplemented. In this context, the fact that the legislation of Bosnia and Herzegovina has never been harmonized with the solutions of the Directive is given an almost positive sign, in the sense that in the upcoming period, the domestic legislator would harmonize the existing domestic solutions with the solutions that may arise as a result of the revision of the Directive.

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