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Services Standards: Defining the Core Consumer Elements ... - ANEC

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<strong>Services</strong> <strong>Standards</strong><br />

modo to business premises. Depending on <strong>the</strong> service, premises must<br />

be hygienic and safe.<br />

• Contract for services – standardisation of consumer contracts for<br />

services covers <strong>the</strong> whole range of consumer concerns, from cradle to<br />

grave, from <strong>the</strong> pre-contractual stage (advertising and information), over<br />

contract conclusion (formal requirements, written form, role of internet),<br />

up to <strong>the</strong> content of <strong>the</strong> contract (price and quality (safety), rights and<br />

duties of <strong>the</strong> parties, what rights and what remedies for what parties),<br />

and <strong>the</strong> post-contractual stage (guarantees, after-sales services,<br />

complaint handling, dispute settlement, redress, protection against<br />

insolvency).<br />

• Inspection and monitoring – self-regulatory means, such as technical<br />

standards require a mechanism to ensure <strong>the</strong> constant learning process<br />

is enshrined in <strong>the</strong> concept of best practice. Without a feedback<br />

mechanism, in which consumer satisfaction plays a prominent role, <strong>the</strong><br />

constant learning process cannot be organised. Therefore any technical<br />

standard which does not provide for inspection and monitoring in order to<br />

constantly improve <strong>the</strong> standard necessarily fails <strong>the</strong> best practice test.<br />

These core consumer elements may be broken down into six different levels of<br />

analysis which will be used as a common yardstick for reviewing <strong>the</strong> already<br />

existing EC rules on services, as well as technical standards:<br />

(1) education and skills,<br />

(2) equipment and premises,<br />

(3) pre-contractual stage and contract conclusion,<br />

(4) content of contract,<br />

(5) post-contractual stage,<br />

(6) monitoring and inspection.<br />

3. The procedural core consumer elements – democratic accountability<br />

of standardisation<br />

Democratic accountability may be discussed at two levels: at <strong>the</strong> more general<br />

level regardless of <strong>the</strong> type of products and services in question, as well as in<br />

more detail with regard to <strong>the</strong> already existing technical standards or those<br />

103

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