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Правата на пътниците в Европейския съюз
Passengers’ Rights within the European Union

Author(s): Yanislava Chankova
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: EUROPEAN LAW // The goal that the European Commission had set itself more than 10 years ago with the 2001 White Paper has now been achieved. There have been adopted specific regulations on ЕC level concerning passenger rights’ protection in all transport modes: air, rail, waterborne and road transport. Each legally established right of passengers in the EU is based on several fundamental principles: non-discrimination, right to information, right to immediate and proportionate assistance, non-derogation of recognized basic rights. The article looks over passengers’ rights, which are the same for all transport modes, such as: right to non-discrimination in access to transport; right to mobility of disabled passengers and passengers with reduced mobility; right to information; right to renounce travelling on the occurrence of certain assumptions; right to the fulfillment of the transport contract in case of disruption, rerouting or rebooking; right to assistance in case of long delay at departure, arrival or at connecting points; right to compensation under certain circumstances; right to require carrier liability towards passengers and their baggage; right to a quick and accessible system of complaint handling; right to full application and effective enforcement of EU law. The author also pays attention to some difficulties in the practical implementation of EU transport regulations caused by legislative gaps, which may include unclear and therefore controversial legal concepts, such as the definition of "delay" and its differentiation from "cancellation" or the uncertainty as to which circumstances should be treated as "extraordinary" ones, etc. The author recognizes that the EU is the sole region in the world with legally adopted minimum standards to guarantee passengers’ rights on all modes; what is more the Commission strives to work towards concluding bilateral and multilateral international agreements to improve passengers’ protection even outside the Community.

  • Issue Year: LIII/2012
  • Issue No: 3
  • Page Range: 100-114
  • Page Count: 15
  • Language: Bulgarian